As much as we try to avoid them, unfortunately, accidents will occur in the workplace. But what are the rules and regulations you need to follow when it comes to the paperwork? Here’s our quick, handy guide to accident reporting – keep it somewhere safe in case you need to refer to it one day. Who’s responsible? Depending on circumstances, the person responsible for reporting the accident is:
- The employer whose employee was involved in the incident/accident
- 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 owner of the premises must report the accident. When should I report?
- If a fatality occurs 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, after the day of the accident
- Any person not working, who as a result of a working activity, requires medical treatment
- If there is a dangerous occurrence
How long do I have to report? In the event of a death in the workplace, 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 within 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 reported to the HSA must be retained for a period of 10 years from the date of the event. 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. 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 can be done through training employees. Ref: https://www.djei.ie/en/Legislation/Legislation-Files/SI-No-370-of-2016.pdf If you have any questions regarding the issues in this article, please don’t hesitate to contact our 24 Hour Advice Service on 01 855 50 50
