Accidents in the workplace: Legal Obligations and Systematic Prevention

Accidents in the workplace require operators to systematically record and document them in accordance with legal requirements. Despite comprehensive preventive measures, 14,735 reportable accidents occurred in the chemical industry in 2023, representing a rate of 13.85 accidents per 1,000 employees. In addition, 22,127 non-reportable accidents were recorded by the ‘Berufsgenossenschaft RCI’ (professional association for accident prevention).

The statutory accident insurance defines an accident at work as an accident suffered by an insured person as a result of an insured activity. In addition to the actual work performed, this also includes maintenance work, company sports, company outings as well as accidents on the way to and from work. Accidents are temporary events that affect the body from outside and result in injury or death.

The most common causes of accidents in the chemical and plant engineering industry are human error, accounting for 46 percent of incidents, followed by technical faults in equipment and fittings, accounting for 18 percent, as well as leaky flanges and pipes. Across all industries, accidents caused by tripping, falling and slipping dominate.

Reporting Obligation and Legal Requirements

The reporting obligation applies in the event of incapacity to work for more than three days, excluding the day of the accident, or in the event of fatal accidents. Employers must report accidents in the workplace to the responsible accident insurance provider within three days of becoming aware of them in accordance with Section 193 of the German Social Code, Book VII (SGB VII). The Accident Insurance Notification Regulation (UVAV) regulates electronic transmission and specifies which data must be transmitted.

General data according to UVAV includes information about the employee. Additional data includes the location and time of the accident, a description of the course of events, the nature of the injury, injured body parts and any witnesses. Incidentally, a transition period for the use of previous sample forms applies until 31 December 2027. However, for reasons of GDPR compliance, the use of a modern digital solution should be sought. In this way, all necessary data is recorded in a structured manner as mandatory fields so that nothing is forgotten.

All first aid provided in the workplace must be documented in accordance with ‘DGUV Regulation 1’. The information must be treated confidentially and kept for at least five years. The name of the injured person, the date, time, location, course of events, type and extent of the injury, first aid measures, as well as the name of the first aider and any witnesses must be recorded.

Systematic Accident Analysis and Preventive Measures

Ideally, accidents should be analysed in six steps: accident investigation with information gathering, compilation of all facts, determination of causes, for example with fault tree analysis or FMEA (failure mode and effects analysis), development of solutions, creation of an action plan and effectiveness monitoring.

After accidents and near misses, the risk assessment must be updated: Near misses do not result in serious personal injury or property damage, but could have done so. Companies and employees can learn safely from near misses: they provide important information about hazards and enable improvement measures for the safety and health of employees.

ISO 45001 for OHS management systems introduces the term ‘incident’ and distinguishes between unsafe behaviour, near misses, non-reportable and reportable accidents, as well as fatal accidents in the accident pyramid. Across all industries, accidents caused by tripping, falling and slipping are among the most common types of accidents.

Key preventive measures include regular training and education for employees, strict compliance with safety regulations, regular maintenance and inspection of facilities and equipment, as well as the implementation of early warning systems and emergency plans.

Digital tools support the systematic recording of all OHS incidents and enable them to be assigned to risk assessments and important key figures to be determined. A digital first aid log ensures systematic documentation, structured data collection and reliable availability of information, even in the event of late effects of injuries.

Photo: LimeSky

Source: Trade journal ‘Chemie Technik’