Recording and Reporting of Accidents

1. Introduction

RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) places duties on employers and people in control of work premises (the Responsible Person) to report certain serious workplace accidents, some occupational diseases and dangerous occurrences (near misses) which 'arise out of, or in connection with, work'.

When people working, visiting or living in the Home have an accident, appropriate first aid treatment is available and all accidents will be recorded and notified to other agencies as required including, where relevant, the Health and Safety Executive (HSE) under RIDDOR.

Furthermore, in relation to children living in the Home, Regulation 40 requires that the registered person notify Ofsted and the placing authority of 'any other incident relating to a child living in the home which the registered person considers to be serious.'

Deciding whether an incident is 'serious' and warrants notification to Ofsted will depend on many factors, including the age of the child, the frequency of the incident(s), the nature of any injuries sustained, any additional needs the child has and the context of the Home. In some instances the cumulative effect of frequent incidents may make a notification appropriate even if in isolation the individual incident would not warrant this.

Incidents which are likely to be considered serious (and thus warrant notification to Ofsted as well as the placing authority) include serious illness or accidents involving children living in the Home.

A serious illness or accident would include matters such as fractured bones, when a child loses consciousness or situations that require admittance to hospital for more than 24 hours. Ofsted (the regulatory authority) do not need to be notified about injuries such as sprains, strains or falls that have happened in the course of regular childhood experiences. This is the case even if the child is taken to the local accident and emergency department to have the injury checked out, unless it results in the child being admitted to hospital for more than 24 hours. Ofsted do not need to know if a child becomes ill and is not admitted to hospital.

See: Notification of Serious Events Procedure.

2. Definition of Accident

In relation to RIDDOR, an accident is a separate, identifiable, unintended incident, which causes physical injury. This specifically includes acts of non-consensual violence to people at work.

Injuries themselves are not accidents. There must be an identifiable external event that causes the injury, e.g. a falling object striking someone.

3. Accident Recording and Reporting

3.1 Recording Details of All Accidents within the Home

All accidents must be recorded in the Home's Accident Record and, if also involving a child, cross referenced in the child's record. If First Aid is given it will be necessary to record it elsewhere, see First Aid, Home Remedies and Medication Procedure.

Human Resources should be informed of all accidents involving a member of staff to ensure they are appropriately supported.

If the accident is minor, the Home manager should investigate the incident and its circumstances, initiate any control measures and Risk Assess to determine the possibility of repeat accidents. This investigation and its conclusions must be recorded.

If the accident is more serious, it will also be necessary to report it to the Health and Safety Executive (HSE) as set out below.

3.2 Accidents which are Reportable under RIDDOR

Not all accidents need to be reported as RIDDOR, but this does not mean that the general provisions of Health and Safety at work will not apply. A RIDDOR report is required only when the accident arises out of, or in connection with, work and it results in an injury of a type which is listed below.

3.2.1 Death or Other Specified Injury

Death

• You must report the death of any person whether or not they are at work if it is caused by an accident arising out of, or in connection with, work (please note - the Notification of Serious Events Procedure explains the process for reporting the death of a child living in the Home).

Specified Injuries

• Fractures, other than to fingers, thumbs and toes;
• Amputations;
• Any injury likely to lead to permanent loss of sight or reduction in sight;
• Any crush injury to the head or torso causing damage to the brain or internal organs;
• Serious burns (including scalding) which: covers more than 10% of the body or causes significant damage to the eyes, respiratory system or other vital organs;
• Any scalping requiring hospital treatment;
• Any loss of consciousness caused by head injury or asphyxia;
• Any other injury arising from working in an enclosed space which leads to hypothermia or heat-induced illness or requires resuscitation or admittance to hospital for more than 24 hours.

See also: Further Guidance on Specified Injuries.

3.2.2 Over seven day incapacitation of workers

Accidents must be reported if they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than 7 consecutive days as the result of their injury. The 7 day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.

3.2.3 Over three day incapacitation of worker

Accidents must be recorded, but not reported, where they result in a worker being incapacitated for more than 3 consecutive days. The accident records kept by the Home will suffice for this record.

3.2.4 Occupational Diseases

Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work:

• Carpal tunnel syndrome;
• Severe cramp of the hand or forearm;
• Occupational dermatitis;
• Hand-arm vibration syndrome;
• Occupational asthma;
• Tendonitis or tenosynovitis of the hand or forearm;
• Any occupational cancer;
• Any disease attributed to an occupational exposure to a biological agent.

Click here for further guidance on occupational diseases.

3.2.5 Dangerous Occurrence or 'Near-miss Events'

Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example:

• The collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;
• The accidental release of a biological agent likely to cause severe human illness;
• The accidental release of any substance which could cause major injury or damage to health;
• An electrical short circuit or overload causing fire or explosion;
• The explosion, collapse or bursting of any closed vessel or associated pipework forming a pressure system;
• An explosion or fire causing suspension of normal work for over 24 hours.

Click here for further guidance on dangerous occurrences.

3.2.6 Physical Violence

A physical injury inflicted on one employee by another during a dispute about a personal matter is not reportable.

However, other acts of non-consensual violence to a person at work which result in death, a major injury or being incapacitated for over 7 days are reportable, and you must keep a record of over 3 day injuries.

3.2 7 Injuries to Children Living in the Home or Visitors to the Home

An injury to a child or visitor must be reported if it results from an accident arising out of, or in connection with, work being undertaken by others and it results in them being taken from the Home where the accident occurred to a hospital for treatment. Examinations and diagnostic tests do not constitute treatment.

Records of accidents which are reported must be kept for 3 years and should include the following details:

• Date and method of reporting;
• The date, time and place of the event;
• Personal details of those involved;
• Details of the injury;
• A brief description of the nature of the event or the disease.

3.3 Making Reports and Notifications

Whenever an accident occurs it should be reported without delay to the manager who will then begin the process of investigating what has happened and who else needs to be notified, including the Health and Safety Executive (under RIDDOR), the placing authority, Ofsted / the regulatory authority and the local Integrated Care Board.

How to Report to RIDDOR- for general advice on how to report see the HSE Website. All incidents can be reported online but fatal or specified injuries can be reported by telephone.

Although RIDDOR specifies varying timescales for the reporting of different types of incidents, it is advisable to report the incident as soon as possible.

In the case of a reportable injury, specified injury or dangerous occurrence you must make the notification to the HSE within 10 days of the incident. Over 7 day injuries must be reported within 15 days of the incident.

Failure to report a reportable injury, dangerous occurrence or disease in accordance with the requirements of RIDDOR is a criminal offence which may result in prosecution.

For more information on notifications when a child is involved in an accident, please see Notification of Serious Events Procedure.