Did your company have an accident at work or your employee had an accident on the way to/from work?
The definition of an accident at work has been set forth in art. 3 of the Act of 30 October 2002 on social insurance against accidents at work and occupational diseases (Journal of Laws of 2009, No. 167, item 1322, as amended).
According to this provision, an accident at work is a sudden event caused by an external cause resulting in an injury or death, which occurred in connection with work.
- suddenness of the event
- external cause
- relationship to work,
- the result of the event in the form of injury or death
The law in force indicates a number of duties that should be fulfilled by the employer in a situation when an accident at work has occurred in his company:
- giving first aid to the injured,
- securing the place of the accident,
- appointing an accident team,
- determine the circumstances and causes of the accident,
- drawing up and approving an accident report and preparing a statistical record of the accident, i.e. drawing up documentation
- preparing accident documentation,
- defining preventive measures and conclusions.
PREPARATION OF POST-ACCIDENT DOCUMENTATION FOR COMPANIES IN WARSAW
If an accident at work occurs, we prepare an accident report that includes information about the causes and circumstances of the accident.
The form of preparing an accident report and a statistical record of an accident is regulated by the respective acts of law, namely the Regulation of the Council of Ministers of 1 July 2009 on determining the circumstances and causes of accidents at work (hereinafter: r.u.o.p.w.) and the Regulation of the Minister of Labour and Social Policy of 7 January 2009 on statistical records of accidents at work.
7 r.u.o.p.w. indicates that it is necessary “to inspect the place of the accident, the technical condition of machinery and other technical equipment, the condition of protective equipment and to examine working conditions and other circumstances which could have influenced the accident (…)”.
Other post-accident documentation will be prepared in the case of an accident on the way to or from work.
The definition of an accident on the way to or from work is contained in Article 57b(1) of the Act on Pensions from the Social Insurance Fund.
A sudden event caused by an external cause,
which occurred on the way to or from the place of employment or other activity constituting the title to disability insurance,
if that route was the shortest and was not interrupted.
Despite the fact that the route was interrupted, the event may be considered an accident on the way to/from work. This applies to an interruption which is justified in life and if its duration did not exceed the limits of need. In addition, if the route, while not being the shortest, was the most convenient for the insured person for reasons of communication.
In addition to the journey from home to work or from work to home, the journey to or from the place of:
1) other employment or other activity constituting the title of disability insurance;
2) the habitual performance of professional or social functions or tasks;
3) normal consumption of meals
4) to attend an education or study.
The employer is obliged to make available to employees, for their permanent use, up-to-date occupational health and safety instructions concerning:
1) the technological processes applied in the establishment and the performance of work connected with accident hazards or health hazards to employees;
2) operation of machinery and other technical equipment
3) handling harmful to health and hazardous materials
4) provide first aid.
If an employee suffers an accident that meets the characteristics specified in Article 57b of the Act on Pensions from the Social Insurance Fund, they should immediately notify the employer.
DRAWING UP AN ACCIDENT REPORT IN WARSAW
Detailed HSE post-accident proceedings are specified in the Ordinance of the Minister of Labour and Social Policy of 24 December 2002 on detailed principles and procedures for recognising an event as an accident on the way to or from work, the manner of its documentation, the model of an accident card on the way to or from work and the deadline for its preparation.
The HSE accident documentation, i.e. in this case the accident card, should be drawn up after the circumstances and causes of the event have been established, not later than within 14 days of being notified of the accident, in two copies, one of which is received by the injured person or a member of their family and the other is kept in the accident documentation.
HSE ACCIDENT REPORT – EXAMPLES
Below I have included the post-accident protocol – example, which is in accordance with the Regulation of the Minister of Family, Labour and Social Policy of 24 May 2019 on the model protocol for establishing the circumstances and causes of an accident at work.
Initial occupational HSE training Warsaw - a framework programme of instruction
|No||Topic of training *)||Number of hours **)|
|1||The essence of health and safety at work.||0,6|
|2||The scope of obligations and rights of the employer, employees and individual organizational units of the workplace and social organizations in the field of occupational safety and health.|
|3||Responsibility for violation of regulations or principles of safety and hygiene at work.|
|4||Rules of movement in the workplace.||0,5|
|5||Accident and health hazards present in the establishment and basic preventive measures.|
|6||Basic principles of occupational health and safety related to the operation of technical equipment and internal transport.||0,4|
|7||Principles of allocation of working clothes and shoes and personal protective equipment, including in relation to the instructed workplace.||0,5|
|8||Order and cleanliness in the workplace – their impact on employee health and safety.|
|9||Preventive medical care – the principles of this in relation to the instructed position.|
|10||Basic principles of fire protection and firefighting.||1|
|11||Behaviour in the event of an accident, including organisation and principles of first aid.|
*) The training programme for persons taking up their first management post should be expanded and adapted to their health and safety duties and responsibilities.
**) In class periods of 45 minutes.
POST-ACCIDENT DOCUMENTATION – PRICE
Are you interested in our services? Check how much does an accident at work documentation cost in our price list. We encourage you to contact us and establish cooperation – EHS Consulting.