Enforcement authorities will often visit a site after an accident to decide whether a fuller investigation is required. They look to understand the incident, how it happened and why. We look at some key questions you may have to help navigate the situation:
- What is expected of me?
- What should I expect?
- When do I notify insurers?
What is expected of me?
Where visited by HSE or another enforcing authority (EHOs / Fire Safety Officer), it will be expected that:
- Involved people are courteous, polite and give their full attention.
- There is full cooperation with the Enforcement Officer in question, by providing the requested information quickly.
- That time limits imposed for information provision are met.
- That required improvements are made with safe working achieved.
What should I expect?
Upon arrival, authorities will first identify themselves by showing their Warrant or I.D Cards.
Below is a list of the type of information they may need. This list is not all encompassing and may not include items they request.
- Personal contact details of any injured persons (IP’s), so they can be contacted directly for any questions or statements.
- A copy of an IP’s own (recorded) statement.
- Information on the extent of any injuries. This will help to determine whether RIDDOR threshold has been reached.
- An explanation of what occurred, normally in the form of an investigation report (started or completed).
- What was being done and by whom?
- What equipment / machinery was being used and by whom?
- What went wrong?
- Were there any contributing factors (noise, distraction, poor guarding, etc)?
- A short explanation of what safety measures existed before the incident, such as:
- Machine guarding
- Emergency stop buttons
- Training
- Supervision
- Signage
- PPE
- Maintenance checks
- Any relevant information regarding the affected parties.
- For example, this would include length of service, so that any inexperience or lack of familiarity can be a recognised as a possible contributing factor.
- Any real-time visual evidence (photos or video) showing the period leading up to the incident and the incident itself, if available. This helps authorities understand the situation, may prevent the need for a site visit, and is especially useful when it shows:
- The condition of machinery or equipment (e.g., whether guarding was in place)
- The area surrounding the incident
- Any identifiable hazards
- Any damage and how it occurred
- Any relevant documentation, such as:
- Copies of relevant company policies and arrangements
- Risk assessments
- Procedures and safe systems of work (SSoW)
- Method statements
- PPE provisions
- Training documentation
- Similarly, information on hazard management
- Have hazards been identified?
- Are they being managed sufficiently and suitably to reduce the risk of injury as much as possible?
- Is there evidence of employees demonstrating competency before working unsupervised?
- A summary of post incident measures, if this stage has been reached. This includes what has already been put in place, what is going to be put in place, and what is an aspiration to achieve. These could be:
- Improvement to the guards
- Provision of training, retraining or just refresher training
- Revisions made to SSoW
- Revisions made to risk assessments
- Changes to the supervisory oversight
- Improvements to maintenance regimens
- Temporary suspension of use of equipment until inspections occur, pre-use checks are implemented, retraining complete
- Information briefings to both immediately affected and other employees, possibly even to contractors who come on site
- Any disciplinary measures if applicable
When do I notify insurers?
Bring any suspected or possible claims to the attention of the company’s insurer at the earliest opportunity. Failure to notify promptly can result in delayed support, reduced cover, or in serious cases, refusal of indemnity. Why?
- Policy compliance and maintaining cover
- Insurance policies include strict “notification of circumstances” clauses requiring prompt reporting of any incident that may lead to a claim, even if the severity is not yet known.
- Late or non-notification is one of the most common reasons for repudiated claims if policy conditions are breached.
- Preserving evidence
- Insurers may want loss adjusters or investigators to quickly capture evidence, take statements and look at site conditions, before they change.
- Protecting legal positions
- Early notification lets insurers manage legal risk, provide advice, and ensure the organisation’s response does not jeopardise future defence.
- Support with HSE / regulatory investigation
- Where HSE or the LA become involved, insurers can provide legal representation and guidance through their appointed solicitors.
Notify insurers immediately after:
- Any injury to an employee, contractor, or member of the public
- Any near miss or dangerous occurrence that could lead to a future claim
- Any incident reportable under RIDDOR
- Any significant property damage or equipment failure
- Any event involving vehicles, lifting equipment, fire, or environmental release
If in doubt:
- Notify. Insurers prefer early notice, even for minor events, over late disclosure
- Forward any HSE correspondence to insurers without delay whenever received
- Do not admit liability or make commitments – let insurers control this aspect
- Keep all evidence, CCTV, witness statements, and internal documents securely