Health and Safety Law 2020 (August 2020)

Chapter 11

Accident investigation

[ch 11: page 223]

There is no specific statutory duty on employers to investigate reportable work-related accidents, ill-health or “near misses”. However, HSE guidance sets out a step-by-step investigation process and includes worked examples and blank template forms for accident analysis. The four steps featured in the guidance are:

• gathering information;

• analysing information;

• identifying risk control measures; and

• developing and implementing an action plan.

The guidance emphasises the legal duty on employers to consult with safety reps following an incident.

The Safety Representatives and Safety Committees Regulations 1977 (see Chapter 5) give reps the right to carry out an inspection after there has been a notifiable accident or dangerous occurrence, or where a notifiable disease has been contracted. The regulations say reps can inspect where “reasonably practicable”, provided it is safe to do so and in the interests of the employees represented. Nothing should be moved after an accident has occurred unless it is to safeguard against further hazards and for rescue purposes. The regulations support reps’ rights to take witness statements following an accident.

Investigating accidents and incidents: a workbook for employers, unions, safety representatives and safety professionals, is available on the HSE website.

HSE, Investigating accidents and incidents: a workbook for employers, unions, safety representatives and safety professionals (www.hse.gov.uk/pubns/hsg245.pdf)


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