Reporting Obligations
Reporting
There is an obligation to report certain workplace accidents and incidents. The investigation of accidents is an important HSA function. It enables the HSA to assess risks and formulate steps which should be taken to avoid recurrence.
All accidents, including those which do require to be notified, should be investigated by the employer as part of its general health and safety obligations. Minor accidents and near misses should be identified and followed up with action to eliminate the risk concerned. The investigation should identify the failures and assist in preventing recurrences. Steps must be taken to prevent recurrence
The employer’s investigation may be relevant in the context of a personal injury claim for compensation and in a prospective criminal prosecution. The information acquired may assist the employer in defending the claim. Failure to conduct an investigation may be held to be a failure of duty on the part of an employer.
Reportable Accidents
The following accidents must be reported to HSA;
- an employee dies as a result of an accident at their place of work or in the course of carrying out their work in a location other than their normal place of work,
- an employee, as a result of an accident at their place of work or in the course of carrying out their work in a location other than their normal place of work, is prevented from performing their normal work for more than 3 consecutive days, excluding the day of the accident but including any days which would not have been working days,
- an employee dies within one year as a result of an accident at their place of work or in the course of carrying out their work in a location other than their normal place of work,
- any person who is not at work but who as a result of an accident related to a place of work or a work activity dies, within one year of the accident,
- any person who is not at work but who as a result of an accident related to a place of work or a work activity suffers any injury or condition which, due to the nature or severity of the injury or condition, results in the person being taken from the location of the accident to receive treatment in respect of that injury in a hospital or medical facility, or
- there is a dangerous occurrence,
Reportable Incidents I
There following dangerous occurrences are required to be reported, irrespective of whether there has been injury or not;
- the collapse of, the overturning of, or the failure of any load-bearing part of any lift or lifting equipment, any excavator, or any pile-driving frame or pile-driving machine having an overall height, when operating, of more than 7 metres;
- the overturning of any vehicle or ‘ride-on’ mobile work equipment or its trailer or semi-trailer towing equipment;
- the load shift or loss of load from any vehicle, any mobile machine, any trailer, or any semi-trailer, causing a risk of personal injury to a person at work;
- the explosion, collapse or bursting of any closed vessel, including a boiler or boiler tube, in which the internal pressure was above or below atmospheric pressure;
- an unintentional explosion occurring in any plant or place of work;
- a fire occurring in any plant or place of work which resulted in the stoppage of that plant or suspension of normal work in that place of work for more than 24 hours;
- the sudden uncontrolled release of one tonne or more of highly flammable liquid, liquefied flammable gas, flammable gas or flammable liquid above its boiling point from any system, plant or pipeline;
Reportable Incidents II
There following dangerous occurrences are required to be reported, irrespective of whether there has been injury or not;
- the collapse or partial collapse of any scaffold more than 5 metres high, including, where the scaffold is slung or suspended a collapse or part collapse of the suspension arrangements (including an outrigger) which causes a working platform or cradle to fall more than 5 metres;
- any unintended collapse or partial collapse of any building or structure under construction, reconstruction, alteration or demolition, or of any falsework, involving a fall of more than 5 tonnes of material, or any building being used as a place of work, not being a building under construction, reconstruction, alteration or demolition;
- the uncontrolled or accidental release or the escape of any substance, which, having regard to the nature of the substance and the extent and location of the release or escape might have been liable to cause personal injury to any person;
- any unintentional ignition or explosion of explosives;
- the failure of any container or of any load-bearing part thereof while it is being raised, lowered or suspended;
- in relation to a pipeline, the bursting, explosion or collapse of a pipeline or any part thereof
Reportable Incidents III
The following dangerous occurrences are required to be reported, irrespective of whether there has been injury or not;
- any incident where breathing apparatus while being used to enable the wearer to breathe independently of the surrounding environment malfunctions in such a way as to be likely either to deprive the wearer of oxygen or, in the case of use in a contaminated atmosphere, to expose the wearer to the contaminant to the extent in either case of posing a danger to his health, but excluding such apparatus while it is being used in a mine or is being maintained or tested;
- any incident in which plant or equipment, including any other overhead line, either comes into contact with an overhead electric line in which the voltage exceeds 200 volts or causes an electrical discharge from such an electric line or cable by coming into close proximity to it, unless in either case, the incident was intentional, arising from or in connection with work activities, or any incident involving a live conductor accidentally falling due to breakage or otherwise;
- any accidental collision between a locomotive or a train and any other vehicle at a factory or at dock premises;
- the bursting of a revolving vessel, wheel, grindstone, or grinding wheel moved by mechanical power;
- the collapse or partial collapse of a wind turbine tower (with a minimum hub height of 20 metres); the failure of one or more blades attached to a wind turbine, resulting in that blade or blades, or part of that blade or blades, becoming separated from the wind turbine.
Other Reporting
The employer’s liability insurance policy is likely to require that possible claims are reported immediately to the insurer. The insurance policy may give the insurer sole conduct or significant control in the conduct of the claim. The employer may be constrained by the policy from making admissions of liability without the insurer’ consent.
Notice of accidents and dangerous occurrence must be given to the safety representative. They are entitled to information in relation to it, they may make representations in response, which must be taken into account. They are entitled to accompany the HSA inspector in its investigation of the incident.
An accident or incident may require a review of the risk assessment and an amendment of the safety plan. It may require further risk mitigation steps and precautions.
2016 Reforms
- Fatal accidents in the workplace must be reported immediately to the HSA or Gardaí. A formal report should be submitted to the HSA within 5 working days of the death.
- Non-fatal injuries to employees while at work that result in the employee being unable to carry out normal work duties for more than 3 consecutive days, excluding the day of the accident must be reported.
- A list of dangerous occurrences which must be reported to the HSA is contained in Schedule 15.
- Non-fatal accidents or dangerous occurrences should be reported within 10 working days of the event.
References and Sources
Irish Books
Safety, Health and Welfare and at Work Law in Ireland 2nd Ed 2008 Byrne Ch 3
Safety & Health Acts Consolidated & Annotated 2013 Byrne
Health, Safety & Welfare Law in Ireland 2012 Kinsella
Health & Safety: Law and practice 2007 Shannon
Health & Safety at Work 1998 Stranks
Civil Liability for Industrial Accidents 1993 While
Websites
The Health and Safety Authority www.hsa.ie
Health and Safety Executive (UK) www.hse.gov.uk
UK Books
Tolleys Health and safety at work, 2017 29th ed Bamber,
Corporate liability: work related deaths and criminal prosecutions 3rd ed. Forlin
Health and safety at work: European and comparative perspective Ales.
Health and Safety Law 5th Ed 2005 Stranks
Principles of Health and Safety at Work (8th ed) Holt, Allan St. John; Allen, Jim;
The Law of Health and Safety at Work 2014/15 (23rd ed) Moore, Rachel; Winter, Hazel;
Statutes
Safety, Health and Welfare at Work Act 2005
Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016)
Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016 (S.I. No. 70 of 2016)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 (S.I. No. 176 of 2010)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007)
Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)