New amending regulations concerning the reporting of Accidents and Dangerous Occurrences came into effect on the 6.10.2017. These Regulations named "The Safety and Health at Work (Accidents and Dangerous Occurrences Notification) (Amending) Regulations of 2017 are read together with the "The Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations of 2007” (basic Regulations). The basic Regulations and the Amending Regulations will be mentioned together as "The Safety and Health at Work (Accidents and Dangerous Occurrences Notification) Regulations of 2007 and 2017.
What is defined as "accident"?
According to the above mentioned Regulations, the term "Accident" is defined as a discrete event which causes physical or mental harm or loss of life to:
(a) an employee or a self-employed person during the course of his/her employment or during the normal journey between his/her home and his/her place of work
(b) a person who is not at work during the time of the accident, provided that the accident results from actions or omissions
related to work activities.
Which accidents are notifiable?
According to the above Regulations, an accident is defined as notifiable:
(a) when it concerns an employee or a self-employed person, causing him/her loss of life or making him/her unable to perform his/her normal work, in which he/she is employed, for more than three consecutive calendar days, excluding the day of the accident
(b) when it concerns a person who is not at work, causing him/her loss of life.
Which accidents are not notifiable?
(a) accidents resulting from intentional or self-harm injuries
(b) accidents having pathological causes (e.g. heart attacks)
(c) non-fatal accidents to conscripts, reservists and home-guardsmen during activities of the Armed Forces
(d) all accidents occurring in:
i. persons employed on ships and aircraft travelling
ii. persons outside work during sports activities
iii. persons outside work (patients) during medical activities
iv. persons outside work during entertainment or leisure activities
Who is responsible for reporting an accident?
(a) when the accident concerns an employee, his/her employer
(b) when the accident concerns a self-employed person, himself/herself if it is a non-fatal accident, or his/her closer relative, when it is a fatal accident
(c) when the accident concerns a person who is not at work, the person who has the control of the working place where the accident happened or the person who is conducting the activities in that place.
Where, how and when accidents are reported?
Firstly, the person, who is responsible for the notification of an accident, should immediately inform the relevant District Labour Inspection Office, with the fastest practical way, e.g. by telephone, by fax or by e-mail, in order to enable the investigation of the accident before the accident scene is modified. After that and within 15 days of the date of the accident, the accident should be notified in writing in the following ways:
(a) with the completion and submission of the accident notification form, which consists part of the common form «Claim for an Injury benefit / Accident Notification». The form should be submitted to the District Labour Inspection Office of the District where the accident happened, either directly or through the respective District Social Insurance Office. The Common form is available at the District Labour Inspection Offices and the District Social Insurance Offices,
(b) with the completion and submission of the accident notification form TEE-A-1/DLI-A-1 to the District Labour Inspection Office of the District where the accident happened. This form is available at the District Labour Inspection Offices and the official Website of the Department of Labour Inspection.
If the accident notification form is received by the responsible District Inspection Office, with a delay of more than 15 days after the accident, the responsible person may receive a written warning, if he/she had contravened the legislation involuntarily for the first time or been prosecuted.
Accident Investigation report
The victim of an accident or other affected person may request, himself/herself or through his/her representative to have a copy of the investigation report, if such a report has been prepared, by sending a written request to the relevant District Labour Inspection Office provided that relevant fees are paid. When the victim of an accident or other person sue any person for damages he/she may request, through the court procedures, the submission of information collected by the Inspector during the investigation of the accident.