I propose to take Questions Nos. 254 and 255 together.
Under the Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016, all employers and self-employed persons are legally obliged to report all fatal and non-fatal accidents while at work.
Fatal accidents must be reported immediately to the Health and Safety Authority (HSA) or An Garda Síochána. Subsequently, the formal report should be submitted to the HSA within five working days of the death. Non-fatal accidents or dangerous occurrences should be reported to the HSA within ten working days of the event. Injuries must be reported to the HSA if an employee is unable to carry out their normal work for more than three consecutive days, excluding the day of the accident.
Accidents that take place while a person is driving for work are reportable. This includes any person who drives on a road as part of their work either in a vehicle provided by their employer or driving their own vehicle and in receipt of an allowance or payment from their employer for distances driven.
Commuting to work is not generally classified as driving for work, except where the person’s journey starts from their home and they are travelling to a work location that is not their normal place of work.
In the event of a serious injury or death, employers should report the incident to the HSA. However, it is the RSA, who have statutory remit to report on fatal, serious and minor injury collisions on public roads, who receive collision data from An Garda Síochána and who produce official statistics to help develop evidence-based road safety interventions.
Employers should have systems in place to ensure that driving for work activities are road safety compliant. Driving for work involves a risk not only for drivers, but also for fellow workers and members of the public, such as pedestrians and other road users. While employers cannot directly control roadway conditions, they can promote and influence safe driving behaviour and actions by their employees.
Further information, including the HSA’s Online Accident Reporting System and Dangerous Occurrences Form, can be accessed at: www.hsa.ie
