1. health and fitness

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GHIZPOOOI
Personal accident, Assault
and Occupational ill health
reporting
Issue: 1
Revision: A
Date: JUN 93
Page 1 of 51
Part A
Synopsis
This standard defines the procedure for reporting
cases of personalaccident, assault and occupational
ill health occurring to BR employees, Contractor's
employees and certain Royal Mail employees.
Approval and authorisation
Signatures removed from electronic version
Personal
accident,
Assault and
Occupational
ill health
reporting
Submitted by:
Approved by:
Authorised by:
Controlled Copy No.......................
This document is the property of the Brit~shRailways Board It may
not be reproduced In whole or in part, nor disclosed to a third party,
without the written permlsslon of either the Director, Engineering
Standards or the Director, Operational Standards.
I
O Copyright 1993
British Railways Board
GROUP
Published by:
Group Standards
Macmillan House
Paddington
STANDARDS
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reporting
Issue/Revision Record
This Standard will be updated when
necessary by distributionof a complete
replacement.
Amended or additional parts of revised
pages will ba marked by a vertical black
line in an adjacent margin.
GH/ZPOOOl
Issue: 1
Revision: A
Date: JUN 93
Page 2 of 51
Part A
Contents
Section
Description
Page No.
Part A
Issue Rev Date Comments
1
A Jun 93
Original
Document
Synopsis
1
Approval & Authorisation
1
Responsibilities and Distribution
Issue/Revision Record
2
Controlledcoplas of this standard shall
be worked to by ail British Railways
Board businesses,subsidiariesand
other undertakings.
Responsibilities &
Distribution
2
Implementation
2
supply
2-3
Contents
3
Conventions
3
1
Purpose
4
2
Scope
4-7
3
Arrangements
7-9
4
Procedure for personal
accidents and assaults
9-12
5
Procedure for occupational
ill health
12-13
6
Procedure for inquests
13-14
7
Correspondence with
Non-BR persons
14
This standard shall therefore be
distributedto:
Specified staff within each
BRB business, etc. responsible for the productionof an
associated business standard.
Implementation
The provisionsof this standard are
mandatory and will apply with effect
from 1st June 1993.
This Standard supersedes Group
Standard GO/OM/SP200 “Procedure
for the Reporting of Accidents and
Assaults or Occupational Ill Health
to BR and Contractors Employees”
which must be withdrawn.
Part B
supply
Controlled and uncontrolledcopies of
this standard may be obtained from the
TDCC Manager, Central Sewices,
Dovedale House, RTC, Derby
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Date: JUN 93
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A
Eart
ontents
(Contd.)
Section
Description
Page No.
Part B (contd.)
Appendix A
Definitions
15-16
Appendix B
References
17
Appendix C
Procedural Flow Chart
18-21
Appendix D
Classification of Major
and Minor Injuries
22-25
Appendix E
Schedule of Reportable
Diseases
26-35
Appendix F
Statutory Reporting
36-44
1
Guidance on applying
the procedure
45-47
2
48-51
Code of Practice for
notification of accidents
to Safety Representatives
Part C
Conventions
As an aid to readers, the following type-face conventions are used within the main text of Part B of this
standard:Bold
words or terms defined in Appendix A Definitions
Italic
used to indicate the names of specific
forms and for supplementary notes, references to other parts of this standard etc.
Bold +
Italic
Names of other items of documentation,
which should be referred to as necessary
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Part B
1
Purpose
The purposeof this standard is to ensure that:1.1
A common standatd for the reporting of personal accidents,
assaultsand occupationalill health is adopted.
1.2
Ownership of reporting responsibilities is clearly defined.
1.3
The depth of investigationand reportingreflects potential as well
as actual severity.
1.4
Informationis capturedin a meaningfulway to assistmanagersat
all levels in :1.4.1 identifyingroot causes
1.4.2 taking remedial action to prevent recurrence
1.4.3 making risk assessments
1.4.4 obtainingnecessary claims information
1.4.6 analysingcaptured data statisticallyto enable trendsto be
identified (toassistthe safety management process)
1.4.6 identifyingcosts
2
Scope
1.5
Employees are encouraged to report personal accidents and
everyone knowstheir pad in the procedure
1.6
Statutory requirements for the reporting of certain accidents,
assaultsand reportablediseases are complied with.
2.1
Persons to whom this standard applies
The contents of this standard apply to the followingtypes of person :2.1.1 British Railways Board employees
Employees of all BRB businesses,subsidiariesand other
undertakings,whilst on duty.
In addition,personalaccidentsoccurringto employeesjust
priorto bookingon or off duty mustbe treated as a personal
accident on duty if they occur on railway premises at the
employee’s home station or depot, and provided the employee is@ inthe same positionas an ordina~ passenger
or member of the public. The employee must, therefore,
have reached a point which is special to his/her employment, e.g. steps to an administrationblock or walking
acrossa yard. In allothercases,the personalaccidentmust
be treated as if it occurredto a member of the pubtic.
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2.1.1 twmsn
-”----- Kauways“--~oam”.--”
employees [uonrmuea]
‘- ““” “-”u
Personalaccidentsto employeeswhilstin BR road vehicles
(whetherowned hiredor leased) beingdriven by orconveying employees to or from work must be treated as if the
accident occurredwhilst the affected employee was on
duty.
2.1.2 Trainees
All personsundergoingtrainingand work experience under
BR auspices.
2.1.3 Contractor’s Employees
Inmostcases,the responsibilityforthe reportingof personal
accidentsoccurring to contractors’employees while on
BRB propertyrestswith the BritishRailways Board.
The requirementsforthe reportingof personalaccidentsby
Contractorsto the BRB BusinessManager (as detailed
below) must be included in the contract and be clearly
understoodby the Contractor.
Arrangementsfor reportingare :i)
Site of Work within BR complex (e.g. office block)
Contractorsmustreportall personalaccidentsoccurringto their employees to the Location Manager,
who is responsiblefor complyingwith the requirements of this standard.
ii)
Track-side Contracts
Contractorsmustreportall personalaccidentsoccurringto their employees to the Employing Manager
responsiblefor the contract. Where different, the
Employing Manager must provide the Location
Manager with relevant details. The Location Manager is responsiblefor complyingwith the requirements of this standard.
iii)
Separate self-contained site
Where the Contractor’swork area is physicallyseparated from any area in which BR personnel are
working, responsibilityfor the reportingof personal
accidentsto Contractor’semployees may be delegated to the Contractor.
Where responsibilityfor reportingis notdelegated to
the Contractor,all personal accidents occurringto
their employees must be reportedto the Employing
Manager responsiblefor the contract.The Employing Manager is responsiblefor complyingwith the
requirementsof this standard.
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iii)
Separated self-contained site (Contd.)
Where responsibilityfor reportingisdelegated to the
Contractor, all personal accidents occurringto their
employees must be reportedto the Employing
Manager responsiblefor the contract, for information purposesonly.
2.1.4 Royal Mail Employees
Royal Mail employees who work on trains, i.e. traveling
postoffice (TPO) train staff, must be treated as if they were
BRB employees, workingfor “Rail express systems”(Parcels Group).
In all other circumstances,includingthose employees
engaged in the loading or unloading of mails etc. from
trains, they must be treated as a person on business
(member of the public).
2.2
Events to which this standard applies
The contentsofthisstandardapplyto the followingtypes of event:2.2.1 Personal Accident
Any personal accident must be reported. It must be
classifiedin accordancewiththe degree of injurysustained,
as follows:i)
Fatality
Death, includingcaseswhere death occurswithin12
months as a direct result of the accident
ii)
Major Injury
Major injury, as defined by legislation (see Appendix
D).
iii)
Minor injury, statutorily reportable
Minor statutorilyreportable injury, as defined by
legislation(see Appendix D).
iv)
Minor injury
Minor injury, as defined (see Appendix D).
v)
No injury accidents
Accidentinvolvingno injury,butwhere a potentialfor
sustaininginjuryin similar circumstancesis identified.
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2.2.2 Assault on an Employee
Any assault on an employee, whether physical, verbal or
harassinginnature,mustbe repoded,irrespectiveofwhether
or not injuryresults. It must be classified accordingto
degree of injury in the same manner as for a personal
accident (see clause 2.2. 1).
2.2.3 Occupational Ill Health
Any case of occupational ill health. It must be classified
accordingto degree of injury in the same manner as for a
personal accident (see clause 2.2. 1).
3
Arrangements
3.1
Responsibilities for Reporting
3.1.1 Personal Accident or Assault
Businessesare responsiblefor the reportingof all cases of
Personal Accident or Assault that occurat locationsthey
own and all cases that occurto their employees workingon
non-BR propertywhilst on duty.
3.1.2 Occupational ill Health
EmployingBusinessesare responsiblefor the reportingof
all cases of Occupational ill health that occur to their
employeeswhilst on duty.
3.2
Business Safety Policy Statements
BusinessSafety PolicyStatements mustdefine responsibilitiesto
meet the requirementsof Sections 3 & 4 of this standard in
accordancewith the following :3.2.1 Locations
a)
Personal Accident or Assault
i)
Stations, depots, workshops,offices signalboxes,
level crossingsetc. (includinginfrastructureintegral
to the location) owned by the Business
ii)
Track (includingthe associatedinfrastructure)owned
by theBusiness
iii)
Trains sponsoredby the BusinessWith the exception of personal accidents resulting
from a mishap e.g. derailment, vandalism, etc.,
where the businessowningthe locationat which the
mishap occurredwill be responsiblefor meeting the
requirementsof this standard.
iv)
Road Vehicles sponsoredby the Business,whether
owned, leased or hired
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3.2.1
Locations
(Contd.)
a)
Personal Accident
v)
For any location not covered by i) to iv) above (including non-BR property, public highway etc.) the
employing Business.
b)
Occupational
of Assault
ill Health
In all cases, irrespective of ownership of the Iocationwhere
occupational
ill health occurred, the employing Business.
3.2.2
Employing
and Location
Manager
different
In circumstances where the Employing
and Location
Managers are different, each must ensure that the other is
provided with all relevant information and assistance, to
enable prompt and thorough investigation and reporting.
3.2.3
Statutory
Reporting
Businesses must undertake statutory reporting forall events
that they are responsible for (see c/ause 3.1) and ensure
that a statutory reporting facility is available on a 24 hour
basis, (See Appendix F for Statutory Reporting guidance)
3.3
Training/Briefing
Businesses must ensure ail staff understand their role in complying with this standard. The affected employee must report what has
occurred promptly and other persons must follow this standard as
part of the investigation and reporting process.
Businesses must ensure that only competent
recording and investigation.
3.4
staff are involved in
Safety Representatives
Businesses must ensure Safety Representatives
are provided
with the necessary information about personal accidents in accordance wit h the agreed Code of Practice (see Part C, Section
2).
3.5
Sickness
Sickness
personal
relevant
reported
Certificates
certificates indicating the possibility of absence due to
accidents or assault at work must be followed up by the
Manager to ensure that the associated events have been
in accordance with this standard.
A copy of any relevant sickness certificate must be retained with
the original “AccidenfReporlF orrn i3R2072/66”on the employee’s
personal file.
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3.6
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Accident and First Aid books
A monthlycheckof Accident books and First Aid books mustbe made
to ensure that all reported events have been processed in accordance
with this standanl.
4
Procedure
for accidents
and assaults
In the event of a personal accident or assault occurring,the following
steps must be taken :-
~,
“
The affected employee, or a person acting on their behalf, must
reportthe event as soon as possible.
4.2
If an assaultor a fatal accidenthas occurred,the BritishTransport
Police (or Civil Police if the accident did not occur on railway
property)must be advised of the circumstances.
4.3
In the event of a fatality or major injury (see Appendix B) the
appropriatetelephone Statutory Reporting Point must be advised immediately. The manager concerned must not reportthe
accidentdirectto an Enforcing Authority. Thiswillbe done bythe
relevant Statutory Reporting Point.
Arrangementsfor immediate advice of the occurrenceto next of
kin must be made.
If, as a direct resultof injuriessustained an employee dies within
one year from the date of the accident or assault, the Statutory
Reporting Point must be advised in writing.
4.4
An entry must be made in an Accident Book (BI51O), relevant to
the locationinvolved if practicable, by the affected employee (or
a person acting on their behalf), as soon as possible after the
occurrence.In additionan entrymustbe made in a Record of First
Aid rendered booklet (BR7151/1 ), if any items have been used
from a First Aid box.
4.5
“Injured Person’s Report Form BR 6766” must be issued for
completionby the affected employee (or a personacting on their
behalf) (see Accident Reporting - Completion of forma /instructionGH~10001).
4.6
If the accident book used to recordthe accident or assault is not
under the control of the Location Manager, then that manager
must be providedpromptlywith all available informationto assist
the investigationand reportingprocess.
If the accident book used to recordthe accident or assault is not
underthe controlof the Employing Manager, then that manager
mustbeadvised promptlyof briefdetails, initially,and of fulldetails
on completionof the investigation.
In certaincircumstancesitwillbe necessaryfor bothLocation and
Employing Managers to take an active role in identifyingcauses
and determining appropriate remedial action.
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4.6 (Contd.)
Where Contractor staff are involved, the Contractorand appropriate BR Manager (see Section 2.3) must liaise to ensure that
both are fully aware of all relevant facts.
4.7
The appropriate Safety Representative must, in cetiain circumstances, be informed promptly in accordance with the agreed
Code of Practice (see Part C Section 2).
4.8
An immediate investigation must take place to ascertain the
relevant facts.
Where appropriatethere shouldbe a siteinvestigation, witnesses
and other personsinvolved shouldbe contacted and their reports
obtained - using a ‘IMtness Report Form BR207Z78
(see
Accident Reporting - Completion of forms Instruction GH/
Z/OOOf)in the case of actual witnesses.
Technical expertsshouldbe includedinthe processwhere appropriate, to ensure that all relevant informationis considered.
A sketch of the site should be made where this will assist
interpretationof the descriptionof events.
4.9
“Accident RepoftForm BR2072/66’’must be completedinaccordance with Accident Reporting - Completion of forms
Instruction GH/Z/OOOf,to provide a permanent record of BR’s
investigationand follow up action taken etc..
If the only informationavailable is an accident book entry and the
affected employee’s own report it must be made clear that the
information on the report form is as allecaed by the affected
employee.
4.10
Where a personalaccident has occurredat a level crossing,and
either level crossingequipment,trainsor road usersare involved,
“Level Crossing Details Form BR207W69° must also be completed (see Accident Repotting - Completion of forms
Instruction G/fLZ/OOOf),to provide full details of the physical
characteristicsof the crossingitself, includingany speed restrictionsin force at the time and relevant sightingdistances.
4.11
The investigationmustidentifyimmediateandbasic(root)cause(s),
considering the actions of persons involved and the physical
conditionsprevalent at the time of the event, together with any
personal or job related factors that may have affected the outcome. Appropriate follow up action must be recommended.
Relevant managers must be kept informed at all stages of the
investigation.
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4.12
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When “Acoident Repod Form BR207W66° has been completed it
mustbe signedoffbythe personinchargeofthe investigation,who
must ensure that:i)
the cause(s) have been correctlyidentified
ii)
any recommended follow up action is appropriate
If the person in charge of the investigation is not the Funtilonal
Manager personally,that manager must countersignthe form to
signify agreement with cause(s) identified and remedial atilon
proposed.
4.13
Once signed off (and countersignedwhere necessary), the accident reportform must be processedto meet BRB, Businessand
statutoryrequirements.
A copy of the form must be sent to the relevant :i)
BRIMS Input Point in all cases
and
ii)
Statutory Reporting Point where the relevant Business
specifies a requirementfor hard copies of such forms
An additionalcopy shouldbe forwardedto each addressdetailed
in localsupplementaryinstrutilons,where such instructionshave
been issued.
A copy of any relevant medical certificate or statement shouldbe
attached if one has been issued.
The BRIMS Input Point mustinputinformationinaccordancewith
BRB and Businessrequirements.
The Statutory Reporting Point must report in accordance with
Statutoty requirements(see Appendix F).
4.14 All report forms should be promptly completed following the
occurrence,and dispatched to ensure that receipt by the BRIMS
Input Point allowsinputto BRIMS withinthe laid-downtime-scale
of two workingdays.
Where the BRIMS Input Point and Statutory Reporting Point
are different, and where the Statutory Repotting Point requires
a hard copy of the form, this must be dispatched to ensure that
receipt bythe Statutory Reporting Point allows laid downtimescales for statutory reporting to be met. In many cases the
Statutory Reporting Point’s report must be received by the
appropriateEnforcing Authority within seven days of the occurrence.
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4.14 (Contd.)
If forany reasonit isnotpossibleto completethe reportformwithin
the above time-scales, an interim copy of the form containingall
available detail mustbe forwardedas detailed in Clause 4.13. This
form mustbe clearly marked “INTERIM REPORT ONLY-FINAL
REPORT TO FOLLOW’. This interim repofi need not be signed
but it is essentialthat the report is received by the BRIMS Input
Point within two working days.
4.15
The original “Accident Report Form BR207W66’’must be updated
with the BRIMS report reference and statutoiy reportingdetails,
where appropriate.
4.16 The original“Accident Report Form BR207Z66”together withthe
affected employee’s own report form “Injured Person’s Report
Form BR 6766” must be retained on the employee’s personalfile
for the time specifiedby BRB policy (see Records Management
Action Kit, /Jarf 4- Record Retention Schedules).
If it is necessary, in the event of a claim, to forward any of the
original documents to the claims manager, a suitably endorsed
photocopymust be substitutedon the employee’s personal file.
4.17 The affected employee must be advised verbally, and subsequently in writing, of the cause(s) identified. A copy of tha written
advice must be kept on the employee’s personal file.
5
Procedure for
Occupational
Ill Health
5.1
Occupational ill health may be evident from a medicalcertificate
issuedbythe employee’sGeneral Practitioner.In some cases,the
medical certificate may be issued by a BR Medical Officer (for
example when an employee is subjectto medical surveillance by
the BR Medical Officer under Regulationssuch as those relating
to exposureto lead or asbestos).
5.2
If difficulty is experienced in interpreting a medical certificate,
guidance should be sought from the BR Medical Officer.
5.3
In the event of a resultantfatality or major injury(see Appendix C)
the appropriate Statutory Reporting Point must be advised
immediately. The manager concerned must not reportthe event
direct to the Enforcing Authority. This will be done by the
Statutory Reporting Point.
If, as a resultof occupational ill health, a person subsequently
dies within one year from the date of the event, the Statuto~
Reporting Point must be advised in writing.
Additionally,in the case of a fatality, the circumstancesmust be
immediately reported to the British Transport Police (or Civil
Police if the accident did not occur on railway property).
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As soon as occupational ill health becomes evident, the Employing Manager mustcarryout an investigationmusttake place
to ascertainthe relevant facts.
Where appropriatethere shouldbe a site investigation, witnesses
and other personsinvolved should be contacted and their reports
obtained - using a ‘81Mtness Repott Form BR207278° (see
Accident Reporting - Completion of forms Instruction GH/
2/0007) in the case of actual witnesses.
Technical expertsshouldbe includedinthe processwhere appropriate, to ensure that all relevant informationis considered.
A sketch of the site should be made where this will assist
interpretationof the descriptionof events.
5.5
The relevantpartsof “AccidentReportFormBR2072/66’’mustbe
completed, in accordance with Accident Reporting - Completion of forms Instruction GH/Z/0001.
5.6
When “Accident Report Form BR2072/66° has been completedit
must be signed off by the person in charge of the investigation.
5.7
The original“Accident Reporf Form BR2072/66”and medical certificate must be retained on the employee’s personal file
and copies of both sent to the relevant :i)
BRIMS Input Point
and
ii)
Statutory Reporting Point if a reportable disease (see
Appendix E) where the relevant Business specifies a requirement for hard copies of such forms
An additionalcopy should be forwardedto each addressdetailed
in localsupplementaryinstructions,where such instructionshave
been issued.
A copy of any relevant medical certificate or statement shouldbe
attached if one has been issued..
5.8
The BRIMS Input Point must input information into BRIMS in
accordancewith BRB and Businessrequirements.
6
Procedure for
Inquests
5.9
The Statutory Reporting Point must report in accordance with
Statuto~ requirements(see Appendix F).
6.1
When advice is received that a Coroner’s Inquest (EngIand/
Wales) or Sheriff’sInquiry(Scotland) is to be held, the Statutory
Reporting Point must be advised of the date, time and venue
immediately, The Local Manager must make arrangements for
appropriate BR representationand if considered necessary, the
BR Solicitoror Solicitor (Scotland) as appropriate.
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Arrangements must provide for suitable Management and/or
clerical presence at the Inquest to ensure that full details of the
proceedingsare recorded.
In EnglandandWales, this mustincludethe name ofthe Coroner,
make up of the jury, vedict etc.
It is importantthat employee(s) who may be called as witnesses
shouldhave someone available at the Inquest to whom they can
talk, in what can bean extremely traumatic occasion.
7 Communication
with Non-BR
persons
6.3
Unless otherwise advised, a full account of the Inquest/Inquiry
proceedingsmustbe fofwardedtothe Statutory Reporting Point
within one week of the conclusionof the Inquest.
7.1
Correspondence must not be entered into with Solicitors, any
Trades Union or other non-BR persons on matters of personal
injuryto employees, except for routine correspondencewith the
Department of Social Security relating to absence from work
through illnessor injury, other than an acknowledgement in the
followingterms:“Your/etterdated. ............... has beenreceivedandre ferradto the
Claims Manager, Macmillan House, Paddington, London W2
7FT”.
7.2
If any Solicitor or other non-BR person (other than persons
possessinglegal powersof entry- e.g. policeofficers,HM Railway
Inspectors)wishesto visitrailwaypremisesto interviewwitnesses
or examine/photographan accident site, they must be referredto
the Claims manager at the above address.
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APPENDIX A (Page 1)
DEFINITIONS
The following definljons apply wjthin this standard. In addition personal accidents are classified by injury
degree (see Appendix D for definitions of major and minor injury).
ACCIDENT BOOK (BI51O)
Book held at locationsunderthe terms of the “Social Security Claims and
Payments Regulations (1979) in which all accidents to staff must be
recorded.The statutory requirement for provision of an Accident Bookisnot
superseded by this procedure
ASSAULT
Any occurrencein which an employee is abused or threatened, whether or
not physicalinjuryoccurs,in circumstancesarisingout of the courseof the
affected person’semployment.
BRIMS
BritishRail Incident MonitoringSystem - a computer system designed to
record all accidents (includingassaults) and occupational ill health.
BRIMS INPUT POINT
An office, designated by Businesses,to undertake BRIMS report inputting
for specifiedtypesof safetyrelated eventsthat requireto be inputto BRIMS.
EMPLOYING MANAGER
For BR employeesthisisthe managerwhoemploysthe affected employee.
For Contractor’semployees it is the manager who lets the contract.
ENFORCING AUTHORITY
The Health &Safety Executive (HSE) orany otherauthoritywhichis, by any
of the relevant statutory provisionsor regulations, made responsible for
enforcement of the law.
FIRST AID BOOK (BR7151/1) BR “Record of First Aid rendered” booklet, kept inside each first aid box.
Details of firstaid renderedtogetherwith a listof any suppliesusedfromthe
first aid box must be entered.
LOCATION MANAGER
The manager responsibleforthe LocalSafety Policyrelevant to the location
where personal accident or assault occurred.
NOTIFIABLE INJURY
Any case of Fatal, Major or Statutorily Reportable Minor inju~ (see
Appendix D for definitions of Major and Minor injury).
There is a statutorydutyto reportsuch inju~ to the appropriateEnforcing
Authority. This will be done by the relevant Statutory Repotthg Point.
OCCUPATIONAL ILL
HEALTH
Any case of ill health whichissuspectedor knownto have resultedfrom the
affected person’swork activity or work environment, other than ill health
caused by personal accident or assault. Occupational ill health includes
cases of reportable disease.
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APPENDIX A (Page 2)
DEFINITIONS
PERSONAL ACCIDENT
An uncontrolled,unplanned event that results, or could in similar circumstances result, in an individual being injured or shocked.
It includes ill health that is attributable to a single event while at work,
including inhaling, swallowing or othewise absorbing any substance, or
from suffering lack of oxygen, except where a reportable disease is
involved.
Cases of death attributable to natural causes, or illnesses/conditions that
are not work-related, are not to be regarded as a personal accident, and as
such do not generally require to be reported in compliance with this
procedure.
However if such death or illness /condition placed others in danger owing
to the nature of the task being carried out by the emp/oyee at the time, the
event must be reported as a personal accident, detailing the nature of the
“natural cause or illnessI condition” involved.
In the case of injury at work due to illnesses /conditions that are not wofirelated reporting must be catried out if a Notifiable Injury is inwlved, or if
the event highlights a danger to other pmons not suffering from the illness
kondition.
REPORTABLE DISEASE
Any case of disease listedin the Schedule of Reportable Diseases defined
in the “Reportingof Injuries,Diseases and Dangerous OccurrencesRegulations 1985” (see Appendix E), contracted whilst carrying out a specified
work activity.
There is a statutoty duty to report these diseases to the appropriate
Enforcing Authority. This will be done by the relevant Statutory Repotting Point.
Cases of reportabledisease area specificform of Occupational ill health.
STATUTORY REPORTING
The legally requiredreportingof notifiable injuries,assaultsand reportable
diseases, as defined in statutoty legislation,to the appropriate Enforcing
Authority.
STATUTORY REPORTING
POINT
An office, designated by Businesses,that undertakesstatutoty
reportingrequirementsfor notifiable injuries and reportable diseases.
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APPENDIX B (Page 1)
REFERENCES
Categorisation of pathogens according to hazard and categories of containment, an advisoty booklet
giving guidance on the kindsof pathogensintendedto be covered (see definitions of Major injwy - Appendix
D)
Regulation of Railways Act 1871, Section 6 [and orders made under it, e.g. The Railways (Notices of
Accidents) Order 1986]
Railway Employment [Prevention of Accidents Act] 1900, Section 73
Road and Rail Traffic Act 1933, Section 43
Social Securities Act 1975, Sections 53, 54, 55, and 88
Safety Representatives and Safety Committees Regulations 1977
Social Security [Claims & Payments] Regulations 1979, Sections 24 and 25
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 [RIDDOR]
The Transport and Works Act 1992, Section 43
●Group Standard GO/OPOOOl -
AccidentJlncident Investigation
●Group Standard GO/0POO02 -
Formal Inquiry Procedures
●Group Standard GO/0 POO03-
Officers Investigation Procedures
*Group Standard GH/ZIOOOl -
Accident Reporting - Completion of forms Instruction
*Group Standard GH/ZTOO02 -
Glossary of Safety Terms for use on BR
(“ All Group Standards are at present under preparation.)
Directory of Welfare Information
(Available within Personnel Departments)
Records Management Action Kit, Pad 4 [Record Retention Schedules]
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Appendix C (Page 1 )
Acciden
No
Yes 1
*
Or a person acting on
the employee’s behalf
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Appendix C (Page 2 )
Procedural
Flow Chart for Personal Accidents and Assaults
———-——
*
lYes
I
INo
Or a person acting on
the employee’s behalf
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Appendix C (Page 3 )
Procedural Flow Chart for Personal Accidents and Assaults
~
In accordance with
Accident Rq?otthg Completion of fotrns
Instkction GORlOUOl
I
I
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Appendix C (Page 4)
Procedural Flow Chart for Personal Accidents and Assaults
‘&..q:!i#hi@%iwig@i%@i$&T*
Yes
J
●
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APPENDIX D (Page 1)
CLASSIFICATION OF MAJOR AND MINOR INJURY
Major Injury
Nofe: The definitions of Major injury detailed below are those dejined in both the 6’Rcpmting of Injuries,
Diseases and Dangerous Occurrences Regulations 1985” and ‘6The Ruilways (Notice of Accidents)
Order 1986”. See page 2 of this Appendix for interpretation of sonle of the term used within the
definitions.
A major injury is classified as an injury involving:a)
fracture of the skull, spine or pelvis
b)
fracture of any bone:i)
in the arm or wrist, but not a bone in the hand
or
ii)
c)
in the leg or ankle, but not a bone in the foot
amputation (at the time of injury, or subsequently)of:i)
a hand or foot
or
ii)
d)
* e)
finger, thumb or toe, or any part thereof if the joint or bone is completely severed
the loss of sight of any eye, a penetrating injuryto an eye, or a chemical or hot metal burnto
an eye
either injury(includingburns)requiringimmediate medicaltreatment, or lossof consciousness,
resultingin either case from an electricshockfrom any electrical circuitor equipment, whether
or not due to direct contact
f)
loss of consciousnessresultingfrom lack of oxygen
9)
deoompressionsickness(unlesssuffered during an operationto which the Diving Operations
at Work Regulations 1981 apply) requiringimmediate medical treatment
* h)
eitheracute illnessrequiringmedicaltreatment,or lossof consciousness,resultingineithercase
from the absorptionof any substance by inhalation, ingestionor through the skin
*
●
●
i)
acute illnessrequiringmedicaltreatmentwherethere is reasonto believe that thisresultedfrom
exposure to a pathogen (disease-causingagent) or infected material
j)
any other injurywhich resultsin the personinjuredbeingadmitted immediately into Hospitalfor
more than 24 hours.
In the case of categories (e), (g), (h) and (i), “medicaltreatment” and “immediatemedical treatment”
imply a visitto a Hospita/ or Doctor rather than simply first-aid treatment.
The classificationof major injury, as defined above, is not affected by any resulting absence, or lack of
absence, from work.
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APPENDIX D (Page 2 )
CLASSIFICATION OF MAJOR AND MINOR INJURY
Major Injury (contd.)
The followingnotes, clarifyingsome of the terms containedwithinthe definitionsof Major Injury (page 1 of
this Appendix), are extracted from the HSE published guide to the “Repo?ting of Injuries Diseases and
Dangerous Occumences Regulations 7985” (RIDDOR).
1
Fracture
includesin all cases, a break, crack or chip
2
Fracture of the skull
includesa fracture of the upperjaw and a fracture of the bone in the upper
partofthe nose,butdoesnotincludea so-called brokennosewherethe term
is loosely used to refer to damage to the cartilage of the nose
3
Fracture of any bone
in the arm
does not includethe collar bone
4
Amputation
means either traumatic amputation at the time of the accident or surgical
amputationfollowingthe accident(butthe latter is more likelyto be covered
by clause “j” - any other injurywhich results in the person injured being
admitted immediately into hospitalfor more than 24 hours)
5
Injury ........ from an
electric shock
means internal and external tissue damage, includingbums
6
Whether or not due
to direct contact
means that an injurycaused by flash-over from high voltage electrical
equipment or from a cable, is included
7
Acute illness
means illnesswhich
i)
occursafter a single dose of, or period of exposure to, a substance
or a pathogen (as the case may be),
ii)
progressesto a crisisafter the onset of symptoms, and
iii)
has severe symptoms
8
Medical treatment
covers hospitaltreatment, by a general medical practitioner,
or treatment by a firm’smedical and nursingstaff
9
Immediate
is not used in clauses“h”or “i”to qualify “medicaltreatment”, becausethe
onset of the symptomsof some forms of acute poisoning,and of infetilons
by pathogens,are delayed - the delay in the case of infectionsbeingdue to
variable and sometimes quite prolongedincubation periods
10
Clause “j”
is intended to be limitedto any case where a person injured at work is
admitted to hospitalwithin a few hoursof an accident. It does not apply to
any admissioninto hospitalone or more days after an accident.
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APPENDIX D (Page 3 )
CLASSIFICATION OF MAJOR AND MINOR INJURY
Major Injury (contd.)
11
Pathogen
for guidance on the kindsof pathogen which are primarilyintended to be
covered, see the definitionsfor hazard groups2, 3, and 4, and the
accompanyingcommentary in the booklet “Categorisation of pathogens
according to hazard and categories of containment”, produced by the
Advisoty committee on dangerous pathogens:
HMSO(1984), 1SBN O 118837613
Minor Injury
1
Statutorily
Reportable
Personalinjurywhichisnota fatal ormajorinjury, andwhichpreventsthe affected personfrom earning
fullwages (carryingoutthe workatwhichhe isnormallyemployed),formorethanthree days, excluding
the day that such injurywas sustained.
Injuriessustainedwhilst on duty, directly resultingin personsbeing employed at full (or reduced)
pay on ~
than normal duties, for more than three days ~ Statutorily Repottabie.
Reference to “more than fhree days” means more fhan three consecutive days, excluding fhe
day of the occurrence but including any non-working days during which the employee was
incapacitated.
In all cases, StatutotyRepotiingwill be carriedoutonlybythe appropriateStatutory Reporting Point
(See Appendix F).
2
Not Statutorily
Reportable
Personal injurywhich is not a fatal or major injury.Minor injuriesthat are not statutorilyreportableare
classified into two groups:a)
Lost time
Where injurypreventsthe affected employee from earningfull wages (carryingout the work at which
the employee is normally employed), for between one and three days, excluding the day that such
injurywas sustained.
Injuriessustainedwhilst on duty, directly resultingin personsbeing employed at full (or reduced)
pay on -r
than normal duties, for between one and three days, ~ classified as losttime.
Reference to “between one and three days” means up to three consecutive days, excluding the
day of the occurrence but including any non-working days during which the employee was
incapacitated.
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APPENDIX D (Page 4 )
CLASSIFICATION OF MAJOR AND MINOR INJURY
Minor Injury (contd.)
b)
No lost time
Where injuryrequiresmedicalorfirstaid treatment,eitherat the placeofworkorelsewhere,or requires
no treatment at all, and which resultsin the affected person either
i)
being released from futther duty that day, but accruing no further time loss
ii)
remaining at work for the remainder of that shift and accruing no subsequenttime loss.
.
.
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APPENDIX E (Page 1)
SCHEDULE OF REPORTABLE DISEASES
This Appendix liststhe diseases for which statutoryreportingis required in accordance with the provisions of the “Reportingof InjuriesDiseases and DangerousOccurrences Regulations 1985” (RIDDOR),
Statutoty reportingis only required if the disease was contractedwhilst carryingout one of the specific
work activities listed.
The most common source of knowledge that an employee is suffering from a Reportable Disease will
be a medical certificate issued by the employee’s General Practitioner, or, less commonly, a BR Medical
Officer (usually where the employee is subjectto medical surveillance by the BR Medical Officer in
accordance with Regulations such as those relatingto exposure to lead or asbestos).
The common descriptionof the disease is also listed and the Government have requested that Doctors
use this terminology. Where difficulty is experienced in interpretinga medical ceflificate, guidance
should be sought from a BR Medical Officer.
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APPENDIX E (Page 2)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
NUMBER
WORK ACTIVITY
DESCRIPTION
OF DISEASE
POISONING
1
Poisoningby any of the following :(a) Acrylamide monomer
(b) Arsenic or one of
its compounds
(c) Benzene or homologue
Any activity
,,
“
,,
,,
11
11
Beryllium
poisoning
,1
11
Cadmium
poisoning
of benzene
(d) Beryllium or one
of its compounds
(e) Cadmium or one of
its compounds
Acrylamide
poisoning
Arsenic
poisoning
Benzene
poisoning
(f)
Carbon disulphide
‘s
,,
Carbon
disulphide
poisoning
(9)
Diethylene dioxide
(dioxan)
,’
1,
Diethylene
dioxide
poisoning
(h) Ethylene oxide
,,
1,
Ethylene oxide
poisoning
(i)
Lead or one of
its compounds
,,
1’
Lead poisoning
u)
Manganese or one
of its compounds
i,
‘,
Manganese
poisoning
(k)
Mercury or one of
its compounds
,’
‘,
Mercury
poisonin
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APPENDIX E (Page 3)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
NUMBER
WORK ACTIVITY
DESCRIPTION
OF DISEASE
POISONING
(1)
(contd.)
Methyl bromide
Any activity
Methyl bromide
poisoning
,,
‘1
(n) Oxides of nitrogen
“
,,
Nitrogen oxide
poisoning
(o) Phosphorusor one of
its compounds
‘,
,,
Phosphorus
poisoning
(m) Nitrochlorobenzene, or a
nitro or amino- or chloroderivative of benzene or
of a homologue of
benzene
Benzene
derivative
poisoning
SKIN DISEASES
2.
Chrome ulceration of:(a) the nose or throat
Work involving exposureto chromic acid or to
any other chromiumcompound
,,
(b) the skin of the hands
or forearm
3.
Folliculitis
4.
Acne
5.
Skin Cancer
6.
Inflammation, ulceration
or malignant disease of
the skin.
,’
Work involving exposure to mineral oil, tar,
pitch or arsenic.
Folliculitis
,6
,,
Acne
,,
‘,
Skin Cancer
Work with ionising radiation
Radiation skin
injury
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APPENDIX E (Page
4)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
WORK ACTIVITY
NUMBER
DESCRIPTION
OF DISEASE
LUNG DISEASES
7.
8.
Occupational Asthma
Extrinsic alveolitis
(including farmer’s lung)
Work involving exposureto any of the following
agents:
a)
isocyanates
b)
platinum salts
c)
fumes or dusts arisingfrom the transportor
use of hardeningagents (includingepoxy
resin curingagents) based on phthalic
anhydride,tetrachlorophthalicanhydride,
trimelliticanhydrideor triethylenetetramine
d)
fumes arisingfrom the use of rosin as a
solderingflux
e)
proteolyticenzymes
f)
animals or insects used for the purposesof
research or education or in laboratories
9)
dusts arisingfrom the handling,transportor
storage of barley, oats, rye, wheat or maize,
or the handling,transportor storage of meal
or flour made therefrom
Exposureto mouldsor fungal spores or
heterologousproteinsduringwork in :a)
agriculture,horticulture,forestry, cultivation
of edible fungi or malt-working
b)
loading or unloadingor handling in storage
mouldy vegetable matter or edible fungi
c)
caring for or handling birds
d)
handling bagasse
Occupational
Asthma
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APPENDIX E (Page 5)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
WORK ACTIVITY
NUMBER
DESCRIPTION
OF DISEASE
LUNG DISEASES (contd.)
9.
Pneumoconiosis
(excluding Asbestosis)
1)
The workingor handlingof silica rockor dried Pneumoconiosis
dried quartzose sand o?any dry depositor
dry residue of silica or any dry admixture
containingsuch materials, or substantial
exposure to the dust arisingfrom any of
such operations
2)
The workingor handling of broken, crushed
or groundflint or materials containingsuch
flint, or substantialexposure to the dust
arisingfrom any of such operations
“
,1
3)
Sand blastingby means of compressed air
with the use of quartzose sand or crushed
silica rockor flint, or substantialexposure
to the dust arisingfrom such sand blasting
“
“
4)
Work in a foundryor the performance of, or
substantialexposure to the dust arising
from, any of the followingoperations:-
“
1,
a) the freeing of steel castingsfrom
adherent siliceoussubstance
b) the freeing of metal castingsfrom
adherent siliceoussubstance
i) by blastingwith an abrasive
propelledby compressedair, by
steam or by a wheel
or
ii) by the use of power-driventools
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APPENDIX E (Page 6)
SCHEDULE OF REPORTABLE DISEASES (contd.)
DISEASE AND DISEASE
SCHEDULE
COMMON
WORK ACTIVITY
NUMBER
DESCRIPTION
OF DISEASE
LUNG DISEASES (contd.)
9.
Pneumoconiosis (contd.)
(excluding Asbestosis)
5)
The manufacture of china or earthenware
(includingsanitary earthenware, electrical
earthenware and earthenware tiles), and
any activity involving substantialexposure
to the dust arisingtherefrom
6)
The grindingof mineral graphite, or
substantialexposure to the dust arising
from such grinding.
66
68
7)
The dressingof granite or any igneous rock
by masonsor the crushingof such
materials, or substantialexposure to the
dust arisingfrom such operations.
‘1
‘1
8)
The use, or preparationfor use, of a
grind-stoneor substantialexposure to the
dust arisingtherefrom
‘,
6,
66
II
b) The workingor handlingabove ground at
any coal or tin mine of any minerals
extracted therefrom
6’
“
c) The trimming of coal in any ship, barge,
or lighter,or in any dock or harbouror at
any wharf or quay
,,
“
d) The sawing, splittingor dressingof slate,
or any operation incidentalthereto
,,
a,
,,
1,
9) a) Work undergroundin any mine in which
one of the objects of the mining
operationsis the getting of any mineral
10) The manufacture, or work incidentalto the
manufacture, of carbon electrodes by an
industrialundertakingfor use in the
electrolyticextraction of aluminium from
aluminium oxide, and any activity involving
substantialexposureto the dust arising
therefrom
Pneumoconiosis
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APPENDIX E (Page 7)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
WORK ACTIVIN
NUMBER
DESCRIPTION
OF DISEASE
LUNG DISEASES (contd.)
9.
Pneumoconiosis (contd.)
(excluding Asbestosis)
11) Boiler scaling or substantialexposure to
Pneumoconiosis
the dust arisingtherefrom.
10 Byssinosis
Work in any roomwhere any processup to and
includingthe weaving processis performed in a
facto~ in which the spinningor manipulation of
raw or waste cotton or of flax, or the weaving of
cotton or flax, is carried on
Byssinosis
11 Mesothelioma
a)
Mesothelioma
The workingor handling of asbestos or any
admixture of asbestos
Lung Cancer
12 Lung Cancer
b)
13 Asbestosis
T
r
L
14 Cancer of a Bronchus
or lung
The manufacture or repair of asbestos
textiles or other adicles containingor
composed of asbestos
c)
The cleaning of any machinety or plant
used in any of the foregoing operationsand
of any chambers,fixtures and appliances
for the collectionof asbestosdust
d)
Substantialexposureto the dust arising
from any of the foregoing operations
Work in a factory where nickel is produced by
decompositionof a gaseous nickel compound
which necessitatesworking in or about a
buildingor buildingswhere that processor any
other industrialprocessancillary or incidental
thereto is carried on
Asbestosis
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APPENDIX E (Page 8)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
WORK ACTIVITY
NUMBER
IDESCRIPTION
OF DISEASE
INFECTIONS
15. Leptospirosis
Handling animals, or work in places which are,
or may be, infested by rats
Leptospirosis
(VVeil’sDisease)
16. Hepatitis
Work involvingexposure to human blood
productsor body secretionsand excretions
Hepatitis
17. Tuberculosis
Work with persons or animals or with human or
Tuberculosis
animal remains or with any other material, which
might be a source of infection
18. Any illness caused by a
pathogen referred to under
“work activity” opposite
Work involving a pathogen which presents a
hazard to human health
Pathogenic
Infetilon
19. Anthrax
Any activity
Anthrax
Work with ionisingradiation
Bone Cancer
OTHER CONDITIONS
20. Malignant disease of
the bone
21. Blood dyscrasia
‘,
“
Blood
dyscrasia
22. Cataract
Work involving exposure to electro-magnetic
radiation (including radiant heat)
Cataract
23. Decompression
sickness
Breathing gases at increased pressure
Decompression
sickness
24. Barotrauma
25. Cancer of the nasal
cavity or associated air
sinuses
6s
,,
Work in or about building where wooden
furniture is manufactured
Barotrauma
Nasal cancer
Sinus cancer
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APPENDIX E (Page 9)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
WORK ACTIVITY
NUMBER
DESCRIPTION
OF DISEASE
OTHER CONDITIONS (contd.)
26 Angiosarcoma of the liver
27. Cancer of the urinary tract
28. Vibration White Finger
a)
Work in or about machinery or apparatus
used for the polymerizationof vinyl chloride
monomer, a processwhich, for the
purposesof this provision,comprisesall
operationsup to and includingthe drying of
the slurryproducedby the polymerization
and the packaging of the dried product
Angiosarcoma
b)
Work in a buildingor structurein which any
part of that processtakes place
1,
Work involving exposure to any of the following
substances:-
‘1
Urinary Tract
Cancer
a)
alpha-naphthylamine, beta-naphthylamine
or methylene-bis-orthochloroaniline
b)
diphenyl substitutedby at least one nitro or
prima~ amino group or by at least one
nitro and primaryamino group (including
benzidine)
c)
any of the substancesmentioned in subpara b) above if further ring substitutedby
halogeno, methyl or methoxy groups, but
not by other groups
d)
the salts of any of the substances
mentioned in sub-paras a) to c) above
a)
The use of hand-held chain saws in forest~
Vibration White
Finger
b)
The use of hand-held rotarytools in
grindingor in the sanding or polishingof
metal, or the holdingof material being
ground, or metal being sanded or polished,
by rotarytools
‘,
,,
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APPENDIX E (Page 10)
SCHEDULE OF REPORTABLE DISEASES (contd.)
COMMON
DISEASE AND DISEASE
SCHEDULE
WORK ACTIVITY
NUMBER
DESCRIPTION
OF DISEASE
OTHER CONDITIONS
(contd.)
28. Vibration White Finger
(contd.)
c)
The use of hand-held percussive metalworkingtools, or the holdingof metal being
worked upon by percussivetools, in
riveting, caulking, chipping, hammering,
fettling or swaging,
Vibration White
Finger
d)
The use of hand-held powered percussive
drills or hand-held powered percussive
hammers in mining, quarrying,demolition,
or on roads or footpaths, includingroad
construction.
“
“
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APPENDIX F (Page 1)
STATUTORY REPORTING
1
General
Cases of Notifiable Injury and Reportable Disease must be reported to the appropriate Enforcing
Authority in accordance with statutoty legislation, by the Statutory Reporting Point designated to
undertake statutoty reportingfor the location concerned.
A list of Statutory Reporting Points is maintained by the Director, Safety, CP24, Macmillan House,
Paddington Station, London W2 1FT. Copies of this list are available on request.
2
The legislation
2.1
The Regulation
of Railways Act 1871 (and amendments/extensions to it
and Orders made under the provisions contained within it)
Section 6 of the Regulation of Railways Act 1871 states that:“M45ere in or about anydway or any of the works or buildings connected with such railway, or
any building orplace, whetheropen orenclosed, occupiedbythe company working such railway
........... any accident attended with loss of life or personal injury oocurs ........... takes place in
the course of working any railway .............. the company workingsuchrailway, and also, if the
accident happens to a train belongingto any other company, such last-mentioned company,
sha// send notice of such accident ............. to the Board of Trade.
Such notice shall be in such tbrm and shall contain such particulars as the Board of Trade may
fmm time to time direct, and shall be sent by the earliestpracticable post al?erthe accident takes
place”.
The requirement of this Act is simplythat all cases of death or personal injury are reportable to the
Board of Trade, where they occurredin the course of workinga railway. (The Secretary of State for
Transporl has taken over the role of the Board of Trade for the purposes of this Act)
The above requirement was extended by Section 13, Clause 2 of the Railway Employment
(Prevention ofAccidents)Act 1900, in that a company’sdutyto give notice of accidents also applied
to :-
“accidentsattended with loss of Iifa or personal injuryto any person in the employmentof the
company on any line, or siding having a junction with the railway of the railway company, but not
belongingto or inthe occupation of anyrai/way company, in likemanneras it appliesto such accidents
when occum”ng on the railway of the company ...........”
This extensionrequiresa reportto be forwardedwhen a company’semployees are injuredon another
railway company’spropertyand within sidingsadjoiningthe company’srailway and not belongingto
the company, in the same manner that a reportis fonvarded if the accident occurson the company’s
own property.
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APPENDIX F (Page 2)
STATUTORY REPORTING
The legislation
2.1
(contd.)
of Railways Act 1871 (and amendmenttiextensions
and Orders made under the provisions contained within it) (contd.)
The Regulation
to it
The above requirements were amended by Section 43 of the RoadandRail
Traffic Act 1933, which
modifiesthe requirementsin respect of accidents involving personal injury:“an accident which is attended with personal injury to a person or persons in the employment
of the railway company, but which does not disable any such parson for more than three days
thm earning full wages at the work at which he was employed, need not be notified to the
Ministeq if but for the fact that it was attended with parsonal injury, notification would not have
been required by the said Section 6 as so extended; but i( and so soon as, it is known that any
person injured has been so disabled for more than three days, the company shall noti~ the
accident by the earliest practicable post. ”
This amendment eases the laid down reporting requirement, in that reports are only required in cases
where the injuriessustained prevent the employee from earning full wages, at the work in which the
employee is normallyemployed to undertake,for more than three days, except that if injuryoccursas
a resultof another event that requiresto be reportedunder Section 6 of the Regulation of Rai/ways
Act 7877 (e.g. certain collisions,derailments, trains strikingobjects on the line etc.) then the injuty
shouldbe reportedirrespectiveorwhetherornotthe employee was preventedfrom earningfullwages
etc.
In cases where injury is the result of another event requiringto be reported under Section 6 of the
Regulation of Railways Act 7871, reporting of the injuty should be included within the report(s)
covering the event concerned.
A variety of Ordershave been made inexerciseofthe powersconferredbySection6 of the Regulation
ofl?ailways Act f871 specifyingin moredetailthe kindsof event that any railwaycompanyisrequired
to report,the latest of these being The Railway (Notice of Accidents) Order f986, which revoked
The Railway (Notice of Accidents) Order 7980.
The opportunitywas taken inthe enablingof The Railway (Notice of Accidents) Order 1986to bring
reporting requirements into line the those required generally throughout British industry under the
provisionsof the Reporting oflnjuries, Diseases and Dangerous Occurrences Regulations 1985
(see Section 2.2 below), which applies to events arising out of or in connectionwith work activities
covered bythe Health andSafetyat Work Act f974 andrequiresthe reportingof allfatalities, all major
injuries(see Appendix D) and those minorinjurieswhere the injuredpersonis disabled for more than
three days from earning full wages at the work for which he is normally employed.
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APPENDIX F (Page 3)
STATUTORY REPORTING
2
The legislation
2.1
(contd.)
The Regulation of Railways Act 1871 (and amendments/extensions
and Orders made under the previsions contained within it) (contd.)
to it
The currentrequirementunderthe provisionsof the Section 6 Regulation of Railways Act f87f (as
extended and amended) for the reportingof injuriesoccurringto employees whilst at work is:all cases of fatality or major injury, and those cases of minor injurywhere the injured
person is disabled for more than three days from earning full wages at the work for which
he is normallyemployed, or is injuredas the resultof another event that requiresto be reported
in its own right under the provisionsof Section 6,
where such fatal, major or minor injury occurs in the course of working a railway.
For all cases reported under the provisions of the Regulation of Railways Act f871 etc., the
Enforcing Authority to whom reportsmust be made is the Secretary of State for Transport.
Inthe presentgovernmentstructure,suchreportsreceivedare immediatelyhanded overto the Health
& Safety Executive Railway Inspectorate,who act as the Enforcing Authority on the Secreta~ of
State for Transport’sbehalf.
The Railways (Notice of Accidents) Order 1986 defines the manner in which reportsmust be
made:-
a)
All cases of Fatality or Major Injury (see Appendix D), and cases of minor injury (see Appendix
D) involving :i)
moving rail vehicles
ii)
a fall of more than 2 metres in height
iii)
live electrical apparatus, whether or not actual contact occurs
iv)
lack of oxygen
v)
explosion
vi)
exposure to a harmful substance
mustbe repotied individuallyusinga standard“Form A“ or “Form B“ (see Accident Reporting
- Completion of forms instruction GWZIOOO1).Reports must be dispatched by the earliest
pratitcable post (Railway Inspectorate guidelines indicate this to mean no later than one week
after the event), with follow up informationprovidedwhere the initial reporl is incomplete.
—
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STATUTORY REPORTING
2
The legislation
(contd.)
2.1
The Regulation of Railways Act 1871 (and amendments/extensions
and Orders made under the previsions contained within it) (contd.)
b)
Other cases of reportableminorinjurymaybe reportedin bulk, usinga standard “Form E3’’(see
Accident Reporting - Completion of forms Instruction GWZIOOO1).Reports must be
preparedfor each calendar monthinwhichsuchinjuryoccursand mustbe dispatched as soon
as pratilcable after the month end.
2.2
The Repotting
1985
of Injuries, Diseases and Dangerous
Occurrences
to it
Regulations
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985, made under
powersconferred in the Health and Safety at Work Act f974 requires the reporting of all fatalities,
all major injuries (see Appendix D) and those minor injurieswhere the injured person is disabled for
more than three days from earning full wages at the work for which he is normally employed, where
suchinjuryarisesoutof or inconnectionwithworkactivitiescovered bythe Health ancfSafetyaf Work
Act 1974.
Cases of fatality, or major injuriesor conditions,where vehicles moving on publicroadsare involved,
are only reportable if they involve or are connectedwith :a)
exposure to any substance being conveyed by road
b)
vehicle loading and unloadingactivities such as those engaged in by refuse collectom,
brewety delivery workers, furniture removers etc.
c)
certain construction,demolition, alteration, repair or maintenance activities on or alongside
public roads
In all other circumstances, reportingto the Civil Police in accordance with Section 25 of the Road
Traffic Act 1972 is sufficient.
At firstthisseems to lay downa requirementon railwaycompaniesto reporlinjuryto employees under
boththese regulationsand those detailed in Section2.1. However, in recognitionof the more detailed
requirementsofthe Regulations of RailwaysAct 1871 (andthe associatedextensions/amendments/
Orders - see Section 2.1) the Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations 7985 specificallyexcludes as part of its Regulation 10, clause 4:“the death or injury of anyone as a result of an accident which is connected with the working
of a railway. ”
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APPENDIX F (Page 5)
STATUTORY REPORTING
2
The legislation
2.2
(contd.)
The Reporting
1985 (contd.)
of Injuries, Diseases and Dangerous
Occurrences
Regulations
The currentrequirementunderthe provisionsofthe Reporting oflnjuries, Diseases and Dangerous
Occurrences f?egu/ations f985 for the reportingof injuriesoccurringto employees whilstat work is
therefore:all cases of fatality or major injury, and those cases of minor injurywhere the injured
person is disabled for more than three days from earning full wages at the work for which
he is normallyemployed,withthe exceptionof certaintypes of accident involvingor connected
with vehicles moving on public roads
where such fatal, major or minor injury does not occur in connection with the working
of a railway.
For cases of Notifiable Injury or Reportable Disease reported under the provisions of the Reporfing
of Injuries, Diseases and Dangerous Occurrences Regulations 1985, the Enforcing Authority is
determined as follows:-
a)
for premises not involved in the workingof a railway and not designated as a factory:the Enforcing Authority is the Environmental Hea/th OtWar of the Local Authority.
b)
for premises not involved in the working of a railway and designated as a factory
(Repro-graphic Rooms, BRML Depots etc.) :-
the Enforcing Authority is the loca/ otice of the Health & Safety Executive.
c)
for constructionand demolitionsites(otherthan repairwork) far enough away from the working
railway (and fenced off from it) so that any event would not affect the safety of the Railway:the Enforcing Authority is the local ornce of the Health & Safety Executive.
The Enforcing Authority must, inail cases, be identifiedonthe relevant “Health&Safety Law”Poster
covering the location concerned.
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APPENDIX F (Page 6)
STATUTORY REPORTING
2
The legislation
2.2
(contd.)
The Repofling
1985 (contd.)
of Injuries, Diseases and Dangerous
Occurrences
Regulations
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 defines the
manner in which reportsmust be made:-
a)
All cases of Notifiable Injury :must be reportedindividuallyusinga standardform “F2508” (see Accident Reporting
- Completion of forms Instruction GHA7/0007). Reports must be dispatched within 7
days of the event, with follow up informationprovidedwhere the initial report is
incomplete.
b)
All cases of Reportable Disease
mustbe reportedindividuallyusinga standardform “F2508A” (see Accident Reporting
- Completion of forms Instruction GHIZ/0001). Reports must be dispatched within 7
days of the event, with follow up informationprovidedwhere the initial repofl is
incomplete.
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APPENDIX F (Page 7)
STATUTORY REPORTING
3
Guidance on applying the legislation
The two main items of legislation, as detailed in Section 2, clauses 2.1 and 2.2, are, so far as personal
injuries are concerned, mutually exclusive.
a)
If the injury occurred in the courseof workinga railwaythe Regulations of f?ai/ways Act f87f
(with extensions/amendments/orders etc.) applies.
b)
If the workingof a railwaywas not involved, the Repotting of Injuries, Diseases and
Dangerous Occurrences Regulations 1985 applies.
However confusioncan sometimes exists over which sites are involved in the course of working a
railway, leadingto doubt regardingthe legislationunderwhich a particularinjuryshould be reported.
In most cases, the relevant Health& Safety Law poster,coveringthe particularplace of work, should
be strategicallyplaced and accessibleto staff. This posterwill detail who the appropriate Enforcing
Authority is for the specific place of work.
If the Enforcing Authority is identified as the:a)
Environmental Health Officer of the Local Authority,or
b)
local office of the Health & Safety Executive
statutoty reporting for the place of work concerned will be under the provisions of the Repoding of
Injuries, Diseases and Dangerous Occurrences Regulations f985. Othe~ise, statutory reporting
for the place of work concerned will be under the provisions of the Regulations of Rai/waysAct f871.
As a general principle,those siteswhichare separated from the railway itself by a boundaryfence, or
a publicfootpath or road, and are either not rail-connected(e.g. certain offices, such as Friarsbridge
Coufi Watertoo, Rail House Crewe, Furlong House Nottingham) or have rail connetilons for
movements (of rail vehicles) that are not parl of the day to day working of the railway (e.g. BRML
depots), are not consideredto be part of the “working”railway.
Those sites that cannot be separated from the railway itself (stations, and offices situated upon
them, signalboxes, rail-connecteddepots, sidingsetc.) are consideredto be part of the “worldng”
railway,
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APPENDIX F (Page 8)
STATUTORY REPORTING
3
Guidance on applying the legislation (contd.)
This is too simple, however, as there are exceptionsto the principle.
For example:-
Stanier House, Birmingham,which is physicallyremote from railway lines, has within it a relay
room containing relays that controlpart of the signaling system, remotely.
This one roomwithinStanierHouse ~ consideredto be partof the “working”railwayand injuries
occurringwithinthat room are therefore reportedunderthe Regulation of Railways Act 7877
etc.
All otherpartsof StanierHouse are notconsideredto be partofthe “working”railwayand injuries
occurringwithin those parts of the buildingare therefore reported under the Reporting of
Injuries, Diseases and Dangerous Occurrences Regulations 1985.
The Railway Technical Centre, Derby consistsof a myriad of buildingsadjacent to the
Midland Main Line. Some buildingsare rail-connectedand a boundarywall, fence and gate
separate internal sidingsfrom the runninglines.
Those buiidingsthatare individuallyrail-connectedand see regularmovements of railvehicles,
are consideredto be part of the workingrailway. Injuriesoccurringwithin those buildingsare
therefore repotted under the Regulation of Railways Act 1871 etc.
Those buildingsnotindividuallyrail-connected,orwhere railvehicle movementsare particularly
infrequent,are notconsideredto be partofthe workingrailwayand injuriesoccurringwithinthose
buildingsare therefore reported underthe Repotiing of Injuries, Diseases and Dangerous
Occurrences Regulations 1985.
If there is any doubt whatsoever regardingwhich legislationany particularinjuryshould be reported
under, advice should be soughtfrom the Health & Safety Executive Railway Inspectorate,who will
indicate their interpretationof whether the Regulation of Rai/ways Act f87f etc. applies in the
particularcircumstances. If they considerthis Act to be inappropriate, the injury must be reported in
accordance with the Repotting of Injuries, Diseases and Dangerous Occurrences Regulations
1985.
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APPENDIX F (Page 9)
STATUTORY REPORTING
4
Fatalities
The Director, Safety must immediately be advised details of any fatality to a BRB or Contractor’s
employee, includingcases where death occurswithin twelve months of the event. The following
informationmust be passed by telephone (ETD 00-30329,30736 or 30723) or Fax (00-24386):-
Name of deceased
Home Station (or name of firm, if a contractor’s employee)
Date of birth
●
*
Date entered service
Service in present grade
Details of dependants
Brief details of accident
Date of Formal lnqui~
●
for BR employees only.
.
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Part C
1
Guidance on applying the procedure
It is essentialthat Businessreportingresponsibilitiesare clear and unambiguous,to ensure that:i)
All personal accidents, assaultsand occupationalill health are reported
ii)
no specific personal accident etc. is reported by more than one Business
It is recognised that there can sometimes be confusion, especially where the activities or property of a
Business adjoin those of another Business, or where the activities of different departments of the same
businessare involved.
The followingexamples are designedto providesomeguidanceandwhilstthey are intendedprimarilyto deal
with situationsbetween two Businesses,some itemsdeal with the questionof inter-departmentalsituations
(whetheror notthe departmentswork for the same Business).These examples are based on questionsthat
have been raisedas a resultof actual events that have occurredand are presentedin a questionand answer
format, to ease explanation.
Accidents
involving trains
Who is responsible
1
2
when injury occurs as a result of:-
Q.
a brickthrownthrough a train window, or other act of vandalism external to the train
involved?
A.
The businesswhich ownsthe line of route where the act of vandalism took place,
irrespectiveof which businesssponsorsthe train involved.
Q.
a defector otheroccurrencethat occursentirelywithinthe confinesof the train involved?
A.
The businesswhichsponsorsthe train involved, irrespectiveof which businessownsthe
line ofroute where the accidents occurred.
alighting from or boardinga train at a station?
3Q
A
The Businesssponsoringthe station (or specific platform if more than one business
involved in the runningof the station)
falling between the platform and train when alighting or boarding?
4Q
A
The Businesssponsoringthe station (or specific platform if more than one Business
involved in the runningof the station)
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Part C
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Guidance on applying the procedure
Accidents
involving trains (contd.)
anyofthe circumstancesoutlinedinquestions1to 4, wherethere isdoubtregardingwhich
circumstanceis involved ?
5Q
A
6Q
The Businessemployingthe employee must take the initiative in ensuringthat the
Business(es)involved do establishthe circumstancesto enable causes to be identified
and appropriate remedial action to be taken
alighting or boardinga train, not at a station (e.g. at a signal) ?
A
If a defect involvingthe train is involved, the Businesssponsoringthe train
If a defect involvingthe ground/floorconditionsis involved, the Businesssponsoringthe
location concerned (common sense should prevail, i.e. S&T, Civil Engineering or
Operationsdepartmentsshouldtake responsibilitydependingonthe nature of the defect
concerned)
If no defects are alleged (i.e. it is purelya matter concerningthe person’sown actions),
the Businessemployingthe employee
Accidents
not involving trains
Who is responsible
7Q
when injury occurs as a result of:-
work being carried out on the track by Engineerswhere the work is entirely under
the controlof the engineer, with no operatingdepartment involvement, and where
defective tools/equipment, inadequate safe systems of work or inappropriatemeans of
access are alleged
A
The Businessdepartment employingthe affected employee
workbeingcarriedoutonthe trackbyEngineerswhere an operatingdepartmentbecomes
involved (strikingan employee or an object which then strikes an employee etc.)
8Q
A
The Businessoperationsdepartment sponsoringthe route
a defect in the station platform (or bookingoffice, footbridge etc. associated with the
station)
9Q
A
The Businessretail department owningthe retail activities of the station
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Guidance on applying the procedure
Accidents
not involving trains (contd.)
10
Q
work being carriedout on a stationby engineerswith no retail department involvement,
and where defective tools/equipmentor an inadequate safe system of work are alleged?
A
The Businessdepartment employingthe affected employee
Q
work being carried out on a station by engineerswhere the retail department becomes
involved, [e.g. other persons(staff or public) frequentingthe station being placed in a
positionof danger by the work activities of the engineers]?
A
The Businessretail department sponsoringthe station
11
Unusual circumstances
13
14
Q
If an employee is directed to travel from home direct to a location otherthan their home
station (e.g. to attend a training courseor meeting, or to undettake special duties etc.),
at what point shouldthat employee be regarded as being on duty?
A
From the time the employee commences being paid, or legitimately uses a duty travel
pass issuedto cover travel to that other location,whichever occursfirst.
Q
If an employee isinjuredwhilstresidentin a buildingotherthan their home, e.g. a training
centre or hotel, at what times shouldthat employee be regarded as being on duty?
A
If residenton site at a BR trainingcentre, the employee will be consideredto be on duty
at all times, as they are in a locationthat they only have access to by vidue of their
employment.
If residentat a non-BR trainingcentre or hotel, the employee will be consideredto be on
duty onlywhen actuallyworking(the scope for BR management investigationis limited,
where physicalconditionson site or the actions of non-BR employees are involved, but
the threat of a boycotton bookingemployees into the facility concerned in future
shouldbe exercisedwhere necessaryto ensurean appropriateinvestigationiscarriedout
by the responsiblecompany).
15
Q
It is not unusualfor BR employeesto undertake some work on behalf of BR at their own
homes, sometimespaid and sometimesnot,How shouldsomeone injuredwhilstworking
at home be treated?
A
Each case will have to be dealt with on its merits. The question of pay is irrelevant.
If the event involvesequipmentprovidedby BR, the employee mustbe consideredto be
on duty.
If the event involves only the employee’s own belongingsor their own actions, the
employee will not be consideredto be on duty, unlessit isdemonstratedto be impossible
(or extremely unlikely)that similar hazards exist when not carrying out such work.
.
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Part C
2
CODE OF PRACTICE COVERING THE NOTIFICATION TO SAFETY
REPRESENTATIVES OF ACCIDENTS TO EMPLOYEES,
DANGEROUS
OCCURRENCESANDARRANGEMENTS
FOR INSPECTIONS
1.
Introduction
This Code of Practicewas originallyagreed betweenthe BritishRailways Boardand the Trade Unionsparty
to the Machine~ of Negotiationfor Railway Staff, 1956. It was later endorsed by the BritishRailways Board
and the Trade Unions party to ProcedureAgreement No.2 (Health & Safety at Work ) in October 1992.
Its purpose is to provide a framework within which Managers and Safety Representatives can agree
arrangementsthatwillallowthe provisionsofthe Safety Representativesand Safety Committee Regulations
1977to be fully implemented. Agreementsreached mustrecognisethe arrangementsrequiredin Procedure
Agreement No.2 (Health& Safety at Work).
Safety Representativeswill receive an early positiveadvice of those accidentsand dangerousoccurrences
listedinthe Appendixto thisCode of Practicethat affect a member ofthe groupof gradesthat they represent,
and be afforded the opportunityto carry out inspectionsat the site of the accident if they so wish, with the
objective of formulating recommendationsaimed at avoiding similar circumstancesarising again.
The geographicalarea of responsibilityfor a Safety Representative (referredto in the Code of Practice) will
normally be interpreted as being the geographical area controlled by the Safety Representative’s local
manager. Where agreement cannot be reached on this basis the appropriate Profit Centre Joint Safety
Committee will define the individual Safety Representative’sgeographical area of responsibility.
Arrangements made for site inspections must not interfere with the necessaty tasks of rescue or line
clearance operations, nor with the process of collecting data or evidence required for an accident
investigation.
Nothing in this Code of Practice is meant to undermine the general functions of Safety Representatives as
shown in Regulation 4(i) of the Safety Representatives and Safety Committees Regulations, 1977.
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PART C
2
CODE OF PRACTICE COVERING THE NOTIFICATION TO SAFETY
REPRESENTATIVES OFACCIDENTSTO
EMPLOYEES,
DANGEROUS
OCCURRENCES AND THE ARRANGEMENTS FOR INSPECTION (contd.)
2.
Code of Practice
1
Arrangementsfor notificationof accidentsand dangerous occurrencesas defined above, and
inspectionof the circumstanceswhen the Safety Representative requeststhe facility, will be
agreed between each local manager and the Safety Representative(s).
2
The arrangements will include a procedurethat requiresthe Safety Representative(s) of the
grades primarilyinvolved in the accident to be notified. This will not preclude another Safety
Representative acting on his behalf if the circumstances require it. For instance, if a Sectional
Council‘B’Safety Representativewas notavailable, a SectionalCouncil‘C’Safety Representafrom the same area could act on his behalf.
tive
3
Local arrangements must be designed to ensure that the Safety Representative(s) is
advised at the earliest opportunityof any accidentat work, as defined above, which involves a
member of the group of grades he represents,and which occurswithin his defined area of
geographicalresponsibility.It isnotintendedthat notificationshouldtake placewhilethe Safety
Representative(s) is off duty and, in those circumstances,the provisionsof Clause (2) above
would apply.
4
If a Safety Representative requiresto make a site inspection,he will give notice to
management of the requirement and arrangementswill be made for his release from duty
at the earliest practicable opportunity. Safety Representatives must adhere to the arrange
mentsmade on their behalf.
5
Safety Representatives carryingout a site inspectionwill be accompanied by a representative
of management who will not impede the Safety Representative from discussionwith other
employees. Such inspectionsand discussions,however, must be carriedout in a way that does
not interfere with the operational efficiency or safety of the railway.
6
If it is mutually agreed that a joint site inspectionbe carried out between the Safety
Representative and a representative of management, this can be undertaken.
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PART C
2
CODE OF PRACTICE COVERING THE NOTIFICATION TO SAFETY
REPRESENTATIVES OF ACCIDENTS TO EMPLOYEES,
DANGEROUS
OCCURRENCES AND THE ARRANGEMENTS FOR INSPECTION (contd.)
2.
Code of Practice (contd.)
3
7
Where the personalsafety aspects of an accident are incidentalto an accident or occurrence
which is the subject of a Formal Inquiry(whichTrade Union representativesare invited to
attend), arrangements for a site inspectionby the Safety Representatives will not be made, it
being understoodthat all aspects relevant to staff safety will be includedwithin the wider
investigationinto the accident.
8
Any failureto reachagreed arrangementsonthe implementationofthisCode of Practiceat local
level will be referred for resolutionto the Profit Centre Joint Safety Committee in acccmlanca
with ProcedureAgreement No.2 (Health & Safety at Work).
9
All arrangementsagreed underthis Code of Practice must be publishedas an appendix to the
appropriate Local Policy Statement.
Types of Accident and Dangerous
Representatives
Occurrence
requiring notification
to Safety
Details of the followingshall be notifiedto the appropriateSafety Representatives:-
1
Deaths.
2
Any accident where a person is incapacitatedfor work for more than 3 consecutive days,
excludingthe day of the accident
3
Major Injury (See Appendix D)
4
Any collisionwhere one of the trains is a passengertrain
6
Any passengertrain or any part of a passengertrain accidentally leaving the rails
6
Any collisionon a runningline where any vehicle sustainsdamage as a resultof the collision,
and any collisionin a sidingwhich resultsin a runningline being obstructed
7
Any case of a train strikinga buffer stop, (other than in a siding), where damage is caused to
the train.
8
Any train strikinga road vehicle or a gate at a level crossing
.
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.
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Issue: 1
Revision: A
Date: JUN 93
Page 51 of 51
PART C
2
CODE OF PRACTICE COVERING THE NOTIFICATION TO SAFETY
REPRESENTATIVES
OF ACCIDENTS TO EMPLOYEES, DANGEROUS
OCCURRENCES AND THE ARRANGEMENTS FOR INSPECTION (contd.)
3
Types of Accident and Dangerous
Representatives (contd.)
9
10
11
Occurrence
requiring notification
to Safety
Any unintended collapse or partial collapse of:a)
any buildingor structureunder construction,reconstruction,alteration or demolition, or
of any false-work, involving a fall of more than 5 tonnes of material
b)
any floor orwall of any buildingbeing usedas a place of work, not being a buildingunder
construction,reconstruction,alteration or demolition
The collapse of, the overturningof, or the failure of any load bearing paft of:a)
any lift, hoist,crane,derrickormobilepoweredaccessplatformbutnotany winch,tallage,
pulley block, gin wheel, transporteror runway
b)
any excavator
c)
any pile driving frame or rig having an overall height, when operating, of more than 7
metres
Explosion,collapseor burstingof any closedvessel, includinga boileror boilertube, where the
internal pressurewas above or below atmosphericpressure, and which :a)
b)
mighthave been liableto cause death or any of the injuriesor conditionscovered by sub
section 3 above, or
resulted in the stoppage of the plant involved for more than 24 hours
12
Electricalshortcircuitor overload attended by fire or explosionwhich resulted in the stoppage
of the plant involved for more than 24 hoursand which, taking into accountthe circumstances
of the occurrence, might have been liable to cause death or any of the injuriesor conditions
covered by sub section 3 above
13
Any ignitionor explosionof explosives,where the ignitionor explosionwas not intentional
14
The unintentionalignitionof anythingin a pipe-line, or of anythingwhich immediately before it
was ignitedwas in a pipe-line
15
Any incidentwhere breathingapparatus, while being used to enable the wearer to breathe
independentlyof the surroundingenvironment,malfunctionsin such away as to be likelyeither
to deprive the wearer of oxygen or, inthe case of use in a contaminated atmosphere,to expose
the wearertothe contaminant,to the extent ineithercase of posinga dangerto hishealth,except
that this paragraph shall not apply to such apparatuswhile it is being maintained or tested
16
Any incident in which plant or equipment either comes into contact with an un-insulated
overhead electric line inwhichthe voltage exceeds 200 volts, or causes an electricaldischarge
from such an electric line by coming intoclose proximityto it, unlessin either case the incident
was intentional