The accident book

Under the Social Security (Claims and Payments) Regulations 1987, employers of 10 or more people must record all accidents, however minor the injuries. The record, which is normally an accident book, should be kept in an accessible place and may be inspected by enforcing officers. Accident books should be kept for three years after the date of the last entry.

New rules governing the accident book came into force in 2004, following a ruling by the Information Commissioner who is responsible for the Data Protection Act 1998 (DPA 98). Most existing accident books allow personal details and information to be seen by anyone reading or making an entry in the book and so do not comply with the DPA 98. The HSE was given responsibility for producing the revised book. The unions challenged the HSE’s initial version, as it limited safety reps’ access to information on accidents. As a result, the HSE published a revised version of the accident book, containing a new introduction, pointing out that safety reps have a legal right to the information.

The HSE also amended the accident forms to include a tick-box indicating that the injured worker agrees to their personal information being given to the safety rep. If an individual does not agree to this, the employer must still give the rep the information, but should conceal the individual’s identity and details.

Up to date guidance on RIDDOR 2013, makes it clear that safety reps are entitled to see records created for the purposes of RIDDOR except to the extent that they reveal personal health information about individuals (see paragraph 94 of the updated guidance).

Some reps may still experience problems with the accident book at work because there is no legal requirement for employers to use the HSE version of the book. Only the headings under which information is collected are prescribed, not the manner in which it is recorded.