Notification of Accidents and Dangerous Occurrences Regulations 1985

Citation

1 These Regulations may be cited as the Notification of Accidents and Dangerous Occurrences Regulations 1985.

Interpretation

2 In these Regulations, unless the context otherwise requires—

"major injury" means—

(a) fracture of the skull, spine or pelvis;

(b) fracture of any bone in the upper extremity;

(d) amputation of a hand or foot;

(e) the loss of sight of an eye; or

(f) any other injury which results in the person injured be ing admitted into hospital as an in-patient for more than 24 hours, unless that person is detained only for obser vation;

"notifiable accident" and "notifiable dangerous occurrence" shall be construed in accordance with regulation 3;

"responsible person" means—

(a) in the case of a notifiable accident to an employee, his employer;

(b) in any other case, the person having control of the premises at which, or in connexion with the work at which the notifiable accident or notifiable dangerous oc currence occurred.

Notifiable accidents; notifiable dangerous occurrences

3 (1) For the purposes of these Regulations, an accident shall be a notifiable accident if it arises out of or in connexion with work and re sults in the death of or a major injury to any person.

(2) For the purposes of these Regulations, a dangerous occur rence shall be a notifiable dangerous occurrence if it arises out of or in connexion with work and is listed in the First Schedule.

Report to Minister; accidents and dangerous occurrences

4 Subject to regulation 8, where there is a notifiable accident re-
sulting in the death or a major injury to any person or there is a notifi able dangerous occurrence, the responsible person shall—

(a) as soon as possible notify the Minister by the quickest practicable means; and

(b) within 7 days send a report thereof on such form as the Minister may determine to the Minister.

Report of absence exceeding 7 days after non-notifiable accident

5 Where a person is incapacitated from work as a result of an ac cident which is not a notifiable accident for 7 consecutive days. exclud ing the day of the accident but including any non-working day, the em ployer shall send a report of the accident as soon as possible to the Min ister on such form as the Minister may determine.

Death of employee within one year of accident or dangerous occur rence

6 Subject to regulation 8, where an employee has suffered an in jury as a result of a notifiable accident or notifiable dangerous occur rence which is the cause of his death within one year of the date of the accident or, as the case may be, that dangerous occurrence, the em ployer shall inform the Minister in writing of the death as soon as it comes to his knowledge, whether or not the accident or occurrence had been notified under regulation 4.

Notifiable ill health conditions

7 The responsible person shall send to the Minister as soon as possible a report, in such form as the Minister may determine, in the event of a person suffering from any of the conditions specified in the Second Schedule.

When regulations 4 and 6 not to apply

8 Regulations 4 and 6 shall not apply to—

(a) any notifiable accident to—

(i) a self-employed person who is not engaged in work under the control of another person, but such person shall cause a report of the accident to be sent to the Minister on such form as the Minister may determine within 7 days of the ac cident;

(ii) a patient when undergoing treatment in a hos pital or in the office of a doctor or a dentist where such accident does not arise out of any fault in, or failure of, any equipment involved in the treatment of the patient;

(iii) a member of the armed forces of the Crown, a police officer or a fire officer who is on duty at the time of the accident:

(b) any notifiable accident—

(i) caused by a vehicle on a public road required to be reported under the Road Traffic Act 1947 [title 21 item 3];

(ii) required to be notified under section 51 of the Merchant Shipping Act 1979 [title 31 item 16].

Records

9 (1) An employer or self-employed person shall keep a written record of all notifiable accidents, non-notifiable accidents and dangerous occurrences arising out of or in connexion with work under his control and that record shall include the particulars specified in the Third Schedule.

(2) The record shall be kept at the place where the work to which it relates is carried on or, if this is not reasonably practicable, at the usual place of business of the employer or self-employed person and an entry in the record shall be kept for at least 6 years from the date on which is was made.

(3) The employer or self-employed person, as the case may be, shall send to the Minister such extracts from the record as the Minister may from time to time require.

Defences

10 It shall be a defence in proceedings against any person for an offence under these Regulations for such person to prove that he was not aware of the accident or occurrence leading to the commission of the of fence and that he had taken all reasonable steps to have all notifiable accidents and notifiable dangerous occurrences brought to his notice.

Offences

11 Any person who contravenes any of these Regulations commits
an offence:

Punishment on summary conviction: imprisonment for 3 months or a fine of $500.

FIRST SCHEDULE (Regulation 3(2) )

NOTIFIABLE DANGEROUS OCCURRENCES

1 Collapse or overturning of any elevator, hoist. crane, excavator or mobile powered access platform or failure of any hoist, rope or chain forming part of such machines.

2 Explosion, collapse or bursting of any boiler or pressure vessel.

3 Electrical short circuit causing fire or explosion which resulted in the stoppage of the plant involved for more than 24 hours.

4 An explosion or fire in any workplace resulting in the stoppage of work for more than 24 hours where such an explosion or fire was due to the ignition of process materials, their by-products (including waste) or finished products.

5 Collapse of a scaffold more than 5 metres high,

6 Collapse of a building under construction or under demolition where the collapse was unintended.

7 Release of any substance liable to cause major injury or damage to the health of any person.

8 Any incident in which a person is affected by lack of oxygen.

9 Exposure of persons to pathogens or infected material which has resulted in cases of acute ill health.

10 Any explosion of explosives where the explosion was not inten tional.

11 Failure of a freight container during lifting,

12 The collapse of a load carrying structure in a quarry.

13 An accident where a person is injured by blasting operations.

SECOND SCHEDULE (Regulation 7)

NOTIFIABLE ILL HEALTH CONDITIONS

1 Loss of consciousness due to exposure to—

(a) any toxic substance

(b) oxygen deficient atmosphere:

(d) electricity:

2 Any acute effect of exposure to—

(a) any toxic substance

(b) oxygen deficient atmosphere:

(d) electricity:

requiring first aid or immediate medical treatment

3 Decompression sickness due to work in a compressed or rarified atmosphere or during diving:

THIRD SCHEDULE (Regulation 9)

PARTICULARS TO BE KEPT IN RECORDS OF ACCIDENTS OR DAN GEROUS OCCURRENCES

1 The date of the accident or dangerous occurrence.

2 In the case of an accident, the following particulars of the person injured—

(a) name

(b) sex

(d) occupation

(e) nature of injury

(f) action taken with injured person

3 Place where the accident or dangerous occurrence took place,

4 A brief description of the circumstances.

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Bermuda Consolidated Legislation

Notification of Accidents and Dangerous Occurrences Regulations 1985