Even with rigorous health and safety measures in place, workplace accidents can still happen. When an employee is injured and requires hospital treatment, it is likely that the Labour Inspector will visit your business. So, what steps should you take to ensure compliance and avoid penalties?
How to respond after an accident
Reporting the Incident
Employers must submit an official accident report when an employee is absent from work for at least one full day (excluding the accident day) and is signed off with a medical certificate. The report must be filed:
• Within five working days of the incident or the medical leave.
• Using the official form via the Delt@ system.
Reporting Serious Accidents
For certain serious accidents, employers must notify the Labour Authority within 24 hours. These include:
• Fatal accidents.
• Serious or very serious injuries.
• Accidents that affect more than four workers, regardless of whether they are employees or not.
Conducting an Internal Investigation
In addition to reporting the accident, businesses are legally required to investigate the cause of the incident and implement additional preventative measures.
Failure to report the incident or carry out a proper internal investigation could result in significant fines, ranging from 2,451€ to 49,180€.
The labour inspector’s investigation
On-Site Inspection
In the event of a serious accident, the Labour Inspector will likely conduct an on-site inspection of your premises. The inspector will examine the work environment, equipment, and tools involved to understand what led to the incident.
Employers must allow inspectors access to the premises. Failure to do so may result in penalties.
Cooperating with the Inspector
It is crucial for employers to fully cooperate during the inspection. Make sure that relevant staff are available to assist the inspector, including:
• Health and safety advisors or representatives.
• Witnesses to the accident.
• If possible, the injured worker.
Understanding the Causes
The inspector will ask detailed questions to establish the causes of the accident. Employers must provide all requested documents related to:
• Safety conditions at the workplace.
• The organisation of work procedures.
• Risk prevention measures.
Inspectors must conduct their inquiries impartially. While they can ask specific questions (for example, “Was the worker wearing all necessary safety gear?”), they cannot pressure or influence responses.
The Official Report
Following the inspection, the inspector will prepare a technical report that includes:
• The causes of the accident.
• The findings of the investigation.
• The proposed outcome, which could involve penalties or exoneration of liability.
If the employer disagrees with the conclusions, they have the right to appeal the inspector’s report.
What employers should know
When a serious workplace accident occurs, the Labour Inspector will conduct an investigation to ensure compliance with safety regulations. Employers must:
• Report the accident promptly and accurately.
• Cooperate fully during the inspection process.
• Provide all necessary documentation when requested.
• Appeal the inspector’s findings if they believe the report is incorrect.
By following these steps, employers can ensure they are meeting legal obligations and can minimise potential penalties.
