Recording and reporting of work related accidents are a legal requirement. Reports made under the Notification of Accidents and Dangerous Occurrence Regulation provides the authorities with information about deaths, injuries, occupational ill-health and dangerous incidents so that they can identify where and how risks arise and whether they need to be investigated. The information also allows the authorities to target their activities and provide advice about avoiding common hazards.
Deaths and injuries to people at work only have to be reported if they are the result of an accident which arises out of or in connection with work. In deciding whether the accident arose out of or in connection with work the key issues to consider are whether the incident was because of
• The way the work was carried out;
• Machinery plant substances or equipment used for work; and
• The condition of the site or premises where the accident happened.
If any of these factors are connected to the cause of an accident it will need to be reported to the enforcing authority. Where none of these factors apply the incident is not likely to be reportable.
Fatalities
Fatalities must be reported immediately to the Health & Safety Authority when they are the result of;
• An occupational injury to worker
• A work related accident to any person
• An act of physical violence to a worker.
3 day injuries
Over 3 day injuries must be reported when an accident at work results in an employee being unable to carry out their normal work for 3 days or more (not including the day of the accident but including weekends and rest days). If the injured person returns to work before 3 days have elapsed but perform alternative light work, because they can’t do the work they normally carry out, the accident is still considered reportable.
Who is Responsible for Notifying Accidents to the Health and Safety Authority?
The employer is responsible for reporting the accident in the case of an accident involving an employee at work.
In the event that the injured person is self-employed or a member of the public the person responsible for reporting the accident is the person having control of the place of work at which the accident occurred.
If a self-employed person is fatally injured, the person who is the owner or tenant in the place of work is responsible for reporting the accident. If the fatally injured person is the tenant or owner of the place of work, the next of kin has responsibility for reporting the accident.
For more advice and information on reportable accidents please call our Health & Safety Advice Line on 01 8555050 option 2
