Safety advisor Declan Ryan offers his advice on the essential Health & Safety matter of reporting accidents and dangerous occurrences.
- Who is responsible for reporting?
An employer whose employee was involved in an event. Any person who has control over a place of work, for the purpose of trade or business. Where a self-employed person is fatally injured, the person who owns the premises must report.
- When should I report?
If an employee dies as a result of an accident in the course of carrying out their work. When an employee is prevented from performing their normal work for more than 3 consecutive days, as a result of a workplace accident. If an employee dies within one year as a result of an accident in the course of carrying out their work. If any person dies resulting from work activities, within one year of the accident. Any person not working, who as a result of a working activity, required medical treatment. And if there is a dangerous occurrence.
- How long do I have to report?
In the event of a death, it should be reported as soon as possible and a report submitted within 5 days. If the accident/incident is non-fatal and or a dangerous occurrence, it must be reported no later than 10 working days. The responsible person can report here https://webapps.hsa.ie/Account/Registration
- What should I do with the records?
Records of accidents or dangerous occurrences which were required to be reported to the HSA, must be retained for a period of 10 years from the date of the event. These records should contain applicable information from section 2 of this article. This record should also be kept within the place of work where the event occurred and should not be removed. Otherwise, the record should be kept at the responsible person’s place of business. The authority can request any extracts from the record and they must be complied with.
- What if I am unaware of an accident / dangerous occurrence?
If the responsible person is unaware of an accident or dangerous occurrence in their place of work: it shall be a defence in any proceedings to prove that they were unaware. Under the circumstances that they took all reasonable measures to have accidents and dangerous occurrences brought to their attention. This could be done through training employees.
- What if an article was involved in the accident / dangerous occurrence?
If the authority are satisfied that the accident or dangerous occurrence was partly or wholly the cause of the event, the authority in writing can require the responsible person to have that part examined and tested by a competent body. The competent body should submit the examination or test results in the form of a report, back to the responsible person not later than 28 days after the exam or test. The responsible person must then submit the report to the authority within 7 days of receipt. If you have any questions in respect of this article then please do not hesitate to contact our team on the 24 Hour Advice Service on 0818 923 923 where an advisor is on hand to discuss with you.
