Not Just For Christmas: Why Paperwork Is For Life Victoria Gibson Liability Claims Manager, Aviva

“It isn’t necessary to imagine the world ending in fire or ice “It isn’t necessary to imagine the world ending in fire or ice. There are two other possibilities: one is paperwork, and the other is nostalgia.” Frank Zappa

Health and Safety at Work etc Act 1974 S.2 (1)It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees S.3 (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

Enterprise Regulatory and Reform Act 2013 S69. Civil liability for breach of health and safety duties “(2) Breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide. (2A)Breach of a duty imposed by an existing statutory provision shall not be actionable except to the extent that regulations under this section so provide (including by modifying any of the existing statutory provisions).”

Breach of statutory duty does not presume civil liability. In other words… Breach of statutory duty does not presume civil liability.

Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR) Injuries: death; amputation; burns ≥10% body or involving eyes, lungs or other organs; loss of consciousness. Diseases: occupational diseases such as Hand Arm Vibration Syndrome (HAVS); Carpal Tunnel Syndrome (CTS); occupational cancers Occurrences: scaffold collapse; plant touching overhead power lines; collapse of lifting equipment. http://www.hse.gov.uk/riddor/reportable-incidents

RIDDOR cont.. Applicable to both EL and PL Any non-fatal injury to a member of the public, involving treatment in hospital must be reported. Must be reported within 10 days, or 15 days if an employee requires ≥ 15 days off work, including rest days and weekends, but….

What documents? RIDDOR report Company Health & Safety Policy H&S meeting minutes Internal accident report and first aider report RAMS Induction and Training records Disciplinary records Invoices for PPE Maintenance and service records for plant and equipment Lifting plans

What documents? Cont.. Scaffold register entry Site diary Photographs and CCTV Contracts with contractors and sub contractors HSE file