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RIDDOR


Accident At Work Explained
  • The legal duty of an employer is to minimise the risk of a work accident by taking reasonable care for the health and safety of an employee. This is embodied in both case law and in numerous statutes passed by Parliament for the protection of employees. There are in addition other circumstances where an employer may be absolutely liable for his acts or omissions which cause an accident at work resulting in injury to his employees
  • An employer is required to provide competent co-workers, adequate materials and equipment and a safe system of work with proper training and supervision and if he does not do so and an accident causing personal injury occurs then the employer may be liable to compensate the employee
  • In practice this means that if you have a work accident and are injured by a co-workers negligent mistake, or as a result of dangerous or faulty equipment or premises, or as a result of unsafe working practices, or lack of supervision or training or instruction on lifting, or due to inadequate safety equipment or protective clothing then you may be able to claim compensation.
  • In actions for damages for personal injury, the limitation period is three years. This starts from the date on which the injury occurred or from the date the person first had knowledge of the injury. The court can extend the normal limitation period where the claimant was under the age of 18 years old at the time of the accident. The court has a wide power to extend the normal time limits.

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Data Protection act 1998
To comply with the Data protection act 1998 you will be required to keep confidential the personal details of accidents and injuries that occur at your place of work. There are now available a new style of accident reporting books that allow after relevant details of the injury have been entered, for personal details to be removed, and then place in that individuals personal reference files. This additional requirement to the exciting regulations will come into force on 31st December 2003
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HSE GIVES ADVICE ON HOW TO REPORT HEALTH AND SAFETY INCIDENTS

HSE has issued an updated leaflet giving employers advice on how to report health and safety incidents - and how to use the HSE’s new incident contact centre. how to use the HSE’s new incident contact centre. All employers have a legal duty to report the following work-related health and safety incidents:

  • deaths;
  • major injuries;
  • over-three-day injuries, where an employee or self-employed person has an accident resulting in them being off work - or unable to do their work - for more than three days;
  • injuries to members of the public that require them to go to hospital;
  • work-related diseases; and
  • dangerous occurrences which could potentially have resulted in a reportable injury.

 The incident contact centre (ICC) provides a single point of contact for all employers in England, Scotland and Wales to use, whatever their business. Reports can be made by telephone — the quickest and most straightforward method -or via the internet, e-mail, fax or post.
RIDDOR reporting: what the incident contact centre can do for you is an updated, handy-sized guide on the correct procedures for reporting incidents.

Copies of RI000R reporting: what the incident contact centre can do for you MISC3 10 (rev I) are available free from HSE Books
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HEALTH AND SAFETY
Issued by Safety and Environmental Protection Services Reference Number: 95/005(Rev)
Issue Date: February 1996

Accident/Incident Reporting

Background
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 (RIDDOR) have been withdrawn and are replaced by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. The new regulations come into force on 1 April 1996. This note explains the requirements of these regulations and replaces Health and Safety Note 95/005 which should be withdrawn and destroyed. 

The new regulations continue to place a legal obligation on the University to report certain types of injury, occupational disease and dangerous occurrence to the relevant enforcing authority (the Health and Safety Executive or local Environmental Health Department) within specified time limits. Within the University, this function is carried out centrally by Safety & Environmental Protection Services. 

To ensure that Safety & Environmental Protection Services is informed of accidents/incidents that have occurred, an internal reporting system operates. This note also provides guidance on operation of this system.

Internal Reporting Mechanism
Following any accident, dangerous occurrence, fire or suspected case of occupational disease or occupational ill health a University "Injury or Dangerous Occurrence Report" form should be completed. A supply of these forms can be obtained from Safety & Environmental Protection Services, Ext. 5532. Full details of the incident should be recorded on this form as explained below. One important change introduced by the 1995 regulations is that injuries that occur through violence to staff or students are now classed as accidents and must be reported accordingly.

On completion, the top two copies of the form should be forwarded to Safety & Environmental Protection Services without delay.
Further guidance on time limits appears below. The bottom copy should be retained on file within the department.

Completion of the Report Form
Who should complete the form?
Each department must determine the most effective procedure for completion of the form. This may vary amongst departments and will reflect the managerial and geographical structure of the department. In most cases it will be appropriate for the injured person's immediate supervisor or a more senior manager to complete the form after having discussed the incident with those directly involved. It is essential that reporting of the incident is not delayed if the injured person is off sick or away from work and, in this event, the form should be completed based on the best information available at the time. If significant new information comes to light after the report has been submitted this should be forwarded to Safety & Environmental Protection Services as soon as it is known.
It is also important to ensure that, whoever completes the form, an appropriate senior line manager and the Departmental Safety Adviser are made aware of the incident so that further investigation and/or remedial action can be taken if required.

Subject of report (Section A)
Several terms such as "major injury", "over three-day injury" and "dangerous occurrence" are defined by RIDDOR and have a very specific meaning. Where incidents that fall within these definitions have occurred Safety & Environmental Protection Services is legally obliged to send a report to the relevant enforcing authority within 10 days of the incident. It is therefore particularly important that incidents of this type are reported to Safety & Environmental Protection Services promptly. If necessary, Departments should contact the injured person at home to establish the nature of their injuries so that the correct reporting procedures can be followed.

·        If there has been a fatal accident or, if anyone (including students or visitors to the University) has suffered a "major injury" Safety & Environmental Protection Services must be notified immediately by telephone. A written report on the "Injury or Dangerous Occurrence" form must be sent to Safety & Environmental Protection Services within three working days. A definition of the term "major injury" appears at Appendix 1.

·        An "over three-day injury" is an injury which results in the person involved being unable to perform their normal work (i.e. absent from work) for more than three consecutive days excluding the day of the accident but including any weekends. (e.g. an accident on a Thursday would be an "over three-day injury" if the person involved was absent from work on the Friday and did not return to work on the Monday.) Telephone notification of these incidents are not required although a completed report form is needed.

In the case of "over three-day" injuries, Safety & Environmental Protection Services must report the incident to the enforcing authority within 10 days of its occurrence. In order that a report can be sent within this period it is essential that the Safety Office are kept informed of any accidents that are likely to result in absences of more than three consecutive days. If this is not certain at the time of the incident but seems likely, the report form should be marked to indicate this. The actual situation should then be confirmed by telephone to Safety & Environmental Protection Services either on the fourth day of absence or on the person's return to work if this occurs first.

·        A "minor" injury should be taken to mean any non-trivial injury that does not fall within any of the categories above. Although these are not reported to the enforcing authorities it is University policy to record these as they provide valuable data on the type and prevalence of particular hazards within the University. Safety & Environmental Protection Services must also be informed if an incident that initially appears to have caused only minor injury subsequently results in an over three-day absence as indicated above as a report to the enforcing authority would then be legally required.

·        Any "dangerous occurrence" that falls within the definitions in Appendix 1 must be notified to Safety & Environmental Protection Services by telephone immediately. This must be followed by a written report within 3 working days. Other "near misses" that do not fall within the definitions given should also be reported as dangerous occurrences if, taking into account all of the circumstances, the incident was likely to have resulted in serious personal injury or substantial property damage.

Place, date and time of incident  

·        Department - Report the department for which the injured person works (not where the incident occurred).

·        Exact Location - Record the exact place where the incident occurred.

·        Date - Record the date on which the incident occurred.

·        Time - Record as accurately as possible the time at which the incident occurred.

·        Name and telephone number of person to contact - Enter information about a person who can be contacted, within the Department where the injured person is employed, who will be able to provide further information about the incident should this be required

The injured person  

·        Give the name, home address and telephone number of any injured person, together with their sex and age. Indicate, using the boxes provided, if the injured person is a University employee, student, member of the public etc. If the person is employed by a contractor engaged in work for the University please indicate the name of the company employing them.

·        Detail the nature of the injury and the part of the body affected.

·        Record the trade, occupation or job title, e.g. technician, cleaner etc. (class/course being followed in the case of students).

Indicate what led to the injury or condition

·        Tick one box which best describes what led to the injury. If this is "Fall from a height" then enter an estimate of the distance through which the person fell. If none of the options describes the circumstances involved, tick the box labelled 'other' and give details of the agent(s) involved.

Was first-aid given?

·        Indicate if the injured person was given first-aid. If so, enter the name of the person who provided first-aid.

Circumstances of incident and action taken to prevent recurrence

·        Give full details of the events leading up to the accident, what the injured person was doing at the time and any agents involved. Ensure that the information provided is as complete as possible. If necessary continue the account on a separate sheet. In addition give details of any action that has been taken, or is proposed, to prevent a similar occurrence in future (e.g. modification to or repair of equipment or fabric, training etc.)

Investigation of Incidents
Each department must establish procedures to ensure that all accidents and incidents are investigated by an appropriate person(s) within the Department. The investigation should seek to establish both immediate and underlying causes of the incident and whether there is a need for any change to be made to prevent similar incidents occurring in the future. In simple incidents basic enquiries by the injured person's supervisor may be sufficient. More significant incidents should involve more senior staff.

The investigation should not delay the despatch of the report form to Safety & Environmental Protection Services. Additional information can always be provided later as it becomes known. Safety & Environmental Protection Services may also investigate particular incidents.

Appendix 1 - Definition of the terms "Major injury" and "Dangerous Occurrence"

Major injuries are:-

·        Any injury, arising from an accident, which results in immediate hospital treatment being given.

·        Any fracture, other than to the fingers, thumb or toes.

·        Any amputation.

·        Loss of sight (whether temporary or permanent)

·        A chemical or hot metal burn to the eye or a penetrating injury to the eye.

·        Any injury resulting from an electric shock or electrical discharge (including any electrical burn caused by arcing) leading to unconsciousness or requiring resuscitation or admittance to hospital for more than 24 hours.

·        Loss of consciousness caused by asphyxia or by exposure to a harmful substance or biological agent

·        Either of the following conditions which result from the absorption of any substance by inhalation, ingestion or through the skin-
(a) acute illness requiring medical treatment
(b) loss of consciousness

·        Acute illness which requires medical treatment where there is reason to believe that this resulted from exposure to a biological agent or its toxins or infected material.

Dangerous occurrences are:-

·        Identification (by a certificated gas fitter) of a gas fitting or of any flue or pipe used in conjunction with that fitting that is in a condition likely to cause the death or major injury of any person through accidental leakage of gas, inadequate combustion or inadequate removal of combustion products.

·        Any incident in which plant or equipment either unintentionally comes into contact with overhead power lines at a voltage exceeding 200 volts or causes an electrical discharge through close proximity to the conductors.

·        Any electrical short circuit or overload attended by fire or explosion which results in the stoppage of plant for more than 24 hour and has the potential to cause the death of any person.

·        The failure of any closed vessel or associated pipe work where the internal pressure was above or below atmospheric pressure, where the failure has the potential to cause the death of any person.

·        Any accident or incident which resulted or could have resulted in the release or escape of a biological agent likely to cause severe human infection or illness.

·        Malfunction of breathing apparatus.

·        Malfunction of radiation generators or ancillary equipment resulting in equipment failing to de-energise at the end of the intended period or the radioactive source failing to return to a safe position.

·        Any explosion or fire resulting in the suspension of normal work for more than 24 hours.

·        The sudden, uncontrolled release-
(a) inside a building-
- of 100kg or more of a flammable liquid
- of 10kg or more of a flammable liquid at a temperature above its boiling point
- of 10kg or more of a flammable gas
(b) in the open air-

- release of 500kg of any of the substances above.

·        The sudden release or escape of any substance in a quantity sufficient to cause the death, major injury or any other damage to the health of any person.

·        The unintended collapse of-
- any building or structure under construction, alteration or demolition involving a fall of more than 5 tonnes of material
- any wall or floor in a workplace.
- any falsework.

·        The collapse or partial collapse of:-
- any scaffold over five metres high; or
- a scaffold erected over or close to water; or
- the suspension arrangements of any slung or suspended scaffold.

·        The collapse, overturning or failure of a load bearing part of a lift, hoist, crane, derrick or mobile platform, or an excavator, forklift truck, access or window cleaning cradle or a pile driving frame with an operating height of over seven metres.

·        Failure of the load bearing parts of any freight container.

·        The unintentional collision of a train with any other train or vehicle where this might have led to the death of, or major injury of any person.

·        Any of the following incidents involving fairground equipment-
- failure of any load bearing part
- failure of any passenger support or restraint device
- unintended collision of cars or trains.

·        Any incident involving a road tanker or tank container used for the carriage of dangerous substances in which-
- the vehicle overturns
- the tank is seriously damaged
- there is an uncontrolled release or a fire involving the substance being carried.

·        Any incident involving a vehicle being used for the carriage of a dangerous substance (other than in a tank) where there is-
- an uncontrolled release or escape of the dangerous substance in such quantity to have the potential to cause death or major injury to any person; or
- a fire involving the dangerous substance.

·        Any unintentional ignition or explosion of explosives. (note: The reporting requirements in respect of incidents involving explosives are complex. If you use, or intend to use, explosives please notify Safety & Environmental Protection Services for more information.)

There are also certain incidents that are reportable in relation to pipelines and wells, mines and quarries, rail transport systems, diving operations and offshore workplaces. If you are involved with such installations you should contact Safety & Environmental Protection Services for further details.
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