Accident books

[cookie121]

I am just inquiring whether an employer can refuse to put minor injuries in the accident book?

 

My son works at a major UK car manufacturing plant and has had difficulty for some time now because of the repetitive nature of the process he undertakes,it is a renowned process within the company as one of the more challenging tasks with a high worker attrition rate. He has had to have rest periods where he changes to more menial tasks to help him recover, but every time he asks to put the injury in the accident book they refuse citing his injury must have happened outside of work. He recently made a doctors appointment where the GP agreed that the injury was RSI.

He feels it is being made difficult for him to report his injuries and the hope that the process can be made easier by an investigation into modifying it in some way are compounded as he is only on a 12 month contract and really wants to keep his job!

 

Firstly does the employer have the right to refuse an entry in the accident book & are they allowed to suggest that an injury could have been caused by means other than work when my son is addament it is his process that is the cause? Secondly if he was to lose his job and no accident/injury is reported can he still bring his case to tribunal?

[BankFodder]

I'm not sure what the answer is as regards making entries in the accident book.

However, in the event of a showdown, it seems to me that the employer is playing into your hands.

I would keep a separate journal - keep it offsite. - Log every injury, every attempt to enter it into the accient book and note down eaxctly what was said by whom, to whom, date, time etc.

 

Keep visiting the doctor and log the date of every vist with all details.

If there are any visible signs then photograph them.

In other words, build up a complete history of injury and the employer's attitude to them.

If you have to bring a case, then being able to show that the employer has deliberately taken steps to conceal injuries would be very prejudicial to the empoyer's case and would increase the level of damages.

The employer is a fool. A proper record of accidents and injuries - even if they may have happened off-site, will always look good for an empoyer. It will sho that they have been diligent and reasonable employers with concerns for safety of their staff.

As in your case the employer is behaving irresponsibly, you may as well take full advantage of it and turn it against him when the time comes to lock horns.

[BankFodder]

http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026579

[rebel11]

Hi cookie

 

There's quite a bit of info here:-

 

http://www.unison.org.uk/file/179.pdf

http://www.virtualunison.org.uk/rsi_10526_1.pdf

[cookie121]

Thank you

[Conniff]

You should also send them a report by recorded delivery (include a copy of your doctors report) and request that it is kept on record.

 

Keep the posting receipt and when the delivery receipt shows up on the Royal Mail site, print that off and keep with your copy of the letter you sent.

[wander27]

Hi,

 

This seems to me that it a health and safety concern.

 

If this is a known RISK to performing the job role, then surely the company have in place a comprehensive RISK ASSESSMENT, and the employers should have sat down and gone through this with not just your son, but any other person that has or is performing the job function. Has your son ever been made aware of such a document?

[cookie121]

I believe that there has been some consultation with an occupational personnel and think for the best part they are trying, but my son is double jointed and am not sure how this effects his personal ability with regard the task involved, he has resolved to wearing a brace/splint but it helps very little, my main concern is the attitude of his immediate line supervisor& his refusal to accept that the injury is occupational not social.

 

Hi,

 

This seems to me that it a health and safety concern.

 

If this is a known RISK to performing the job role, then surely the company have in place a comprehensive RISK ASSESSMENT, and the employers should have sat down and gone through this with not just your son, but any other person that has or is performing the job function. Has your son ever been made aware of such a document?

[marmaris30]

Employers genuinely interested in the health and safety of their staff and visitors encourage ALL incidents to be reported, even anonymously if necessary. It helps them inform their risk assessments and identify worsening trends before they become a major accident or worse. If you have Safety Reps then use them to raise your concern.

[Sidewinder]

Employers genuinely interested in the health and safety of their staff and visitors encourage ALL incidents to be reported, even anonymously if necessary. It helps them inform their risk assessments and identify worsening trends before they become a major accident or worse. If you have Safety Reps then use them to raise your concern.

 

Indeed - even 'near misses' should be recorded and an up to date risk assessment carried out in order to minimise problems in future!

[Atlas01]

Follow the other advice but here is the law on what an employer must do, there is also RIDDOR (google it) for a little more info

Social Security (Claims and Payments) Regulations 1979

 

Regulation 25(1).

“Every employer shall take reasonable steps to investigate the circumstances of every accident of which notice is given to him or to his servant or agent in accordance with the provisions of regulation 24…”

 

Regulation 25(3).

This requires employers of 10 or more people (employed at the same time at the same business premises) to…

(a) keep readily accessible a means (whether in a book or books or by electronic means), in a form approved by the Secretary of State, by which a person employed by the employer or some other person acting on his behalf may record the appropriate particulars; and

(b) keep any such records for at least three years from the date they were first entered.

 

Comment:

It is regulation 25(3) that places the duty on employers to keep Accident Books.

[stu007]

Hi cookie

 

This PDF from HSE on Reporting Accidents and Injuries at Work may be useful: