Posted on 20th November 2015 by Jenny Hyde in H&S Case Confidentials
Accidents in the workplace are adverse unplanned events that can lead to injury or ill-health. Certain accidents must be reported to the Health and Safety Executive by law. One recent case that the Business Support Helpline advised on involved a child at a nursery falling from a chair.
The Helpline received a call from a nursery owner where a child fell from a chair in the nursery. The chair was broken and the chair leg gave way due to damage. The child did not have any apparent injuries and was taken to hospital purely as a precaution. At the hospital, the child did not receive any treatment. The owner was concerned whether there could be a claim for the incident.
Verify the facts
The safety consultant dealing with the call firstly checked all the facts of the incident with the owner. The facts were checked against the requirements of the incident reporting regulations known as the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 or RIDDOR for short. It was determined that the incident did not meet the full requirements of RIDDOR. The child would be a member of the public for RIDDOR reporting purposes.
Work-related accidents involving members of the public or people who are not at work must only be reported if a person is injured, and is taken directly from the scene of the accident to hospital for treatment to that injury. There is no requirement to establish what hospital treatment was actually provided, and no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.
The safety consultant rounded off the conversation by warning the nursery owner that although the incident was not reportable, it did arise out of or in connection with work, as the chair was broken. Work equipment like chairs should be inspected proactively and removed if damaged or repaired.
They recommended that the accident should be investigated to ensure that corrective action is taken, learning is shared and any necessary improvements are put in place to prevent recurrence of a similar incident. In addition, the nursery should inform their Insurance Company of the incident for their records.
Don’t forget dot 2 dot members also have access to Croner’s team of Health & Safety experts through their Helpline. Simply call them on 0844 561 8111. Calls cost 7p per minute plus your telephone company’s access charge.
The Croner-i Early Years Toolkit for dot2dot provides further information and guidance on this topic and all dot2dot customers can access this by visiting https://d2d.loginservice.co.uk/ and entering your registered email and password. If you experience any problems or are not yet a dot2dot customer and would be interested in a trial of this fantastic facility then please do not hesitate to contact the dot2dot team on 01204 570 390 or email@example.com