There are certain legal requirements around how to record accidents at work. If you have ten or more employees, you’re legally required to keep an accident book (but it’s good practice to keep written records even if you have less than ten employees). You’re also legally required to keep records of any accidents serious enough to be reported to HSE, and/or any injury which results in your staff member being off work for more than three days in a row.
Don’t forget that information you record about staff (or customer) injuries or illness is sensitive personal information, and must be collected and stored safely.
Read on to find out more about how to record accidents or near misses at work, where to keep your records, and how long to keep records for. For guidance on how to prevent accidents at work, see our recent blog.
How to record accidents at work
Records of staff accidents and illnesses
It’s advisable to keep a record of all accidents and illnesses at work, even relatively minor ones. The law says you must keep a record of:
- any staff accident or illness which is serious enough to be reported to the HSE; and
- any injury which results in the staff member being off work for more than three days in a row (apart from the day the accident happened).
If you normally have ten or more employees at your business premises at the same time, you’re legally required to keep an accident book. However, even if you have fewer than ten employees, it’s good practice to keep a written record of any accidents, illnesses and near misses. Having a written record can help you identify health and safety problems so you can deal with them, and can help to provide evidence if you are sued or a complaint is made against your business due to the accident.
You can use Accident book – injuries, Accident book – illness or Accident book – near misses as appropriate to record relevant details.
Records of customer or visitor accidents
You must make a record of an accident at your work if a customer or visitor to your premises suffers an injury which means they have to be taken to hospital for treatment.
It’s good practice to keep a record of less serious injuries too. It can help you in future if the person injured brings a compensation claim against your business and can help you spot and deal with health and safety problems promptly.
You can use Accident book – injuries to record relevant details.
Records of near misses – staff members or the public
If no one was hurt but it is reasonable to conclude that a near-miss incident could have resulted in an injury, you may have to keep a record of it and report it to the HSE. These near misses are known as dangerous occurrences. For example, you must record the collapse or failure of lifting equipment, any equipment coming into contact with live electric wires, the collapse of scaffolding, and any accidental fires. See our Q&A for further guidance.
You can use Accident book – near misses to record relevant details.
Details to record about accidents at work
Injuries suffered by staff members
If you’re legally required to keep a record of an injury at work to a member of staff, you must include the following details:
- full name, occupation and injury suffered by the staff member;
- the date and time of the accident;
- the place where the accident happened; and
- a brief description of what happened.
If you have to report a staff member’s injury to the HSE, your record must also include:
- the date on which you first reported the accident ; and
- how you reported the accident (eg online).
You can use Accident book – injuries to record the above details of any staff accidents.
Injuries suffered by customers or visitors
If you have to keep a record of an injury suffered by a non-worker, you must record the following:
- if known, or it is reasonably practicable for you to find out, the full name, status (eg customer, passenger or bystander) and injury suffered by the individual;
- the date and time of the incident;
- the place where the incident happened; and
- a brief description of what happened.
If you have to report the injury to the HSE, your record must also include:
- the date on which you first reported the accident; and
- how you reported the accident (eg online).
You can use Accident book – injuries to record the above details.
Details to keep about near misses
If you have to keep a record of a near miss, you must record the following:
- the date and time of the near miss;
- the place where the near miss happened; and
- a brief description of what happened.
If you have to report the near miss to the HSE, your record must also include :
- the date on which you first reported the near miss; and
- how you reported the near miss (eg online).
You can use Accident book – near misses to record the above details .
How and where to keep records
Keep information safe and secure
Remember that you must keep your accident books and other records about injuries or illnesses secure, as they will contain personal information about your staff and possibly others. Health information about individuals is sensitive personal data and there are strict rules around how you can collect and use it. See Records and staff data for further guidance about your data protection obligations when you are recording personal information about your staff.
Where to keep records about accidents at work
Usually, you should store your records or accident book at your normal place of business, but you can also legally keep them at the place the accident or illness occurred.
How long to keep records about accidents at work
Records that you’re legally required to keep must be kept for at least three years from the date that you make the record. If you choose to keep records of less serious illnesses and injuries suffered by your staff at work, it’s also sensible to keep these for at least three years, as that is the length of time that the person affected has to sue you for it if they consider it to be the fault of the business.
After the three year period, you can only retain accident records for longer if you actually need them for something.
If you fail to keep records of work-related accidents or illness when you are legally required to, you are committing an offence, punishable by a fine and even imprisonment up to a maximum of two years.
The content in this article is up to date at the date of publishing. The information provided is intended only for information purposes, and is not for the purpose of providing legal advice. Sparqa Legal’s Terms of Use apply.
Marion joined Sparqa Legal as a Senior Legal Editor in 2018. She previously worked as a corporate/commercial lawyer for five years at one of New Zealand’s leading law firms, Kensington Swan (now Dentons Kensington Swan), and as an in-house legal consultant for a UK tech company. Marion regularly writes for Sparqa’s blog, contributing across its commercial, IP and health and safety law content.