Monday 6 August 2012

Employers Responsibility and Work Accidents


The Health and Safety at Work Act is a legislation that recognizes the shared contribution of both the employees and employers in maintaining a safe work environment. This was introduced in order to avoid work injuries. Further, it requires that the employers use "so far as is reasonably practicable" means to ensure the safety and welfare of those under their employ as well as other stakeholders. In a similar manner, they are required to do risk assessment and perform what needs to be done to carry out their responsibility. This may include hiring people who can perform first aid plus the equipment and facilities they need to carry out their task.

Mandatory Requirement to Record

Injury at the workplace is foreseeable, but at times unavoidable. No matter what safety precautions are undertaken, there are really circumstances that lead to this event. Such cases, no matter how minor, should be recorded in the company's accident book. This system was actually conceptualized for the benefit of the employees as this could be a useful piece of information when the injured party needs a time off or has to claim accident at work compensation. Recording accidents could also be beneficial to the employers as this could serve as guide to determine what actually took place and take action there from to avoid similar occurrences in the future. Failure to comply with the mandate of recording could possibly lead to criminal liability on the part of the employers.

Contents of the Record

One of these is the accident book entry, which details the specifics of the accident. Stated therein are the actual date the accident occurred and the description of what had happened. There must also be a record of the report rendered by the person who administered first aid. The said person may give full account of the injury sustained, initial medical assistance given and the circumstances surrounding the accident. For larger companies, they must have occupational health records. The medical team must be able to supply a proper recording of the injuries sustained by an employee while at the workplace and the treatment provided thereto. There should also be a supervisor's account of the accident, union representative's report, report made to the Health and Safety Executive in the event the circumstances should require such, minutes of the employer's health and safety meeting and their risk assessments, accident investigation report and other general items.

Claim for Injuries Sustained

The law also requires that employers must be insured to cover Accident claims. A certificate of such insurance coverage must be conspicuously placed at work. If no such certificate is displayed and an employee believes that there is reason to claim, employers are required to give their insurance details to the former.