The Health and Safety Executive have published a Near Miss record book for use in the workplace.
The aim of the near miss book is to identify trends with the aim of preventing accidents.
Although there is no statutory duty to use the book, or indeed, record near misses, companies who do record and act on near miss statistics, do have a lower accident rate.
Employers can also use near miss records as evidence in personal injury claims. If an individual has been involved in several near misses which can be categorised as human error, a case could be built that the individual is not fulfilling their statutory duty under section 7 of the Health and safety at work act.
What Does Section 7 of the Health and Safety at Work Act say?
It shall be the duty of every employee while at work—
(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and
(b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
As a business owner, if you can prove that an employee is not taking reasonable care of himself, as recorded in the near miss report book, you may be reducing the amount of their claim significantly.
What You Need to Do Next?
If you subscribe to our services, you will have a Near Miss Form in your Health and Safety Policy Forms file. Completing this in the event of a near miss is the equivalent of filling in the form in the HSE Near Miss Book.
If you are not a subscriber, then buying the book would be a good idea, not only to support your efforts towards an accident-free workplace but to support your case should a personal injury claim, or indeed a Health and Safety Executive Prosecution, be brought against your business.