"It is vital that all accidents, illnesses and near misses in the workplace are reported as lessons can be learned to prevent future occurrences. It will come as no surprise to anyone involved in health and safety that under-reporting is the norm. The HSE has recently carried out research that found only 30% of accidents to employees are reported - these are accidents that must be reported by law. Make sure you are familiar with what your employer has to do when accidents occur - and make sure it is done! Make sure colleagues in your workplace communicate details of any accidents to safety reps so that you can check your employer is fulfilling its obligations. Make sure your employer is providing a safe working environment by inspecting the workplace regularly - your legal entitlement as a safety rep."
     -- Amicus

The Safety Representatives and Safety Committees Regulations 1977 set out the legal functions for safety representatives, which include the right to investigate:
     • potential hazards
     • dangerous occurrences
     • causes of accidents and occupational ill-health
     • complaints from their members

Safety reps can therefore, immediately, and without formal notice of an inspection, investigate imminent risks and accidents.  The Regulations give reps the right to conduct an inspection after there has been a notifiable accident or dangerous occurrence or where a notifiable disease has been contracted.

The regulations say reps can inspect where it is "reasonably practicable" for them to do so, provided it is safe to do so and in the interests of employees represented. Following an incident, the only acceptable reason for anything to be moved is as a precaution against further hazards and for rescue purposes. The Regulations support Safety Reps' rights to take witness statements after an accident has occurred.

By consulting your members on a regular basis regarding workplace accidents you can monitor how well your company is doing in recording workplace accidents and then implementing preventative measures. Consider suggesting accident management as a regular item at joint Health & Safety Committee meetings.

The HSE takes the view that: "Occupational accidents and ill health can be signals that risk control measures have failed. If they are properly investigated, this can reveal weaknesses in the control systems which need to be remedied. A joint investigation with the safety representative is more likely to give employees the confidence to co-operate fully in any investigation, because those involved may not wish to reveal any details in case they are blamed for the accident. Also, what someone says immediately after an accident may affect any subsequent civil compensation claim."

Following an accident or near-miss a Safety Rep should:
     • gather the evidence including witness statements.
     • put the evidence into chronological order. (It will help to determine what happened)
     • use the decision making process to ensure that measures are taken to prevent re-occurrence.
     • report your findings to management, including your recommendations and any possible breaches of legislation.

Inspections after an Accident
When using the right to inspect after an accident or dangerous occurrence, or development of an industrial
disease, a safety rep should:
     • notify the employer as soon as possible of your intention to inspect the scene of an accident. If, initially, this has to be done verbally, confirm it in writing as soon as possible
     • do the inspection before the scene has been cleared up and important evidence removed
     • inspect the scene of the problem as soon as possible after the accident. If the employer is not available, you have the right to inspect the scene on your own
     • make notes of the essential facts of the accident. Record the time of the investigation, who is present, who has been spoken to. Speak to the members involved as soon as is practicable. Talk to anyone who may have seen the accident
     • keep accident notes systematically filed for future reference. They may be needed in the event of
compensation claims
     • it's far too easy to blame the victim when accidents occur.  Safety reps should be looking at what the employer has done to prevent accidents. What about training? Was the right equipment available? Had safe working methods been defined? What sort of supervision was there?

Your report should be proportionate to the events. It could be anything from a few notes on a sheet of paper to a full-blown, multi-page document. Include all the facts as a readable narrative; do not expect managers, the firm's insurers, or perhaps a High Court judge to rummage through a tome of confusing information for your pearls of wisdom. Record what witnesses have said and in what way they disagree.

If the physical evidence conflicts with witness(es), point this out. In either case, keep your own views and comments until the end. Keep your account clear, accurate and concise. Remember that it could be
used as evidence in a Court of Law where people may try to put an interpretation upon it that is very different from what you intended.

Useful links:
HandS - Safety Reps Rights

Amicus Inspection Checklist (pdf)
Amicus Safety Rep's Accident Investigation Form  (pdf)
Accident Reporting & Investigation Powerpoint Presentation (ppt)
Claiming for workplace accidents - www.injurywatch.co.uk
A Guide to Investigating Accidents and Near Miss Events - University of Glasgow (web page)
A Guide to Investigating Accidents and Near Miss Events - University of Glasgow (pdf)
GPMU/Amicus Incident and Accident Investigation (pdf, zipped)
HSE Forms - Incident Reporting
Improving Health & Safety Through Partnership Powerpoint Presentation (ppt)
     - by Bud Hudspith, Amicus H&S Advisor
ROSPA - Learning Not to Blame Key to Accident Investigation
Safety in the Workplace - www.injurywatch.co.uk
Workplace Injury Statistics - www.injurywatch.co.uk

The HSE publishes guidance on how to investigate accidents and incidents, including near misses.
Investigating accidents and incidents - a workbook for employers, unions, safety representatives and safety professionals - HSG245 (ISBN 0717628272 £9.50) was prepared in consultation with industry, unions and health and safety professional bodies.