Provisions the documents cite: reg 25(1) (employer investigates notified accidents), reg 25(3) (means of recording accidents kept readily accessible; records preserved at least 3 years), reg 24 and Schedule 4 (the appropriate particulars)
What it requires
reg 25(3) — every owner or occupier (being an employer) of a mine, a quarry or premises to which the Factories Act 1961 applies, and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with the employer's trade or business, keeps readily accessible a means — in a book or books or by electronic means, in a form approved by the Secretary of State — by which an employed person, or someone acting on their behalf, may record the appropriate particulars of any accident causing personal injury to that person, and preserves every such record for at least 3 years from the date of its entry. The appropriate particulars are the full name, address and occupation of the injured person; the date and time of the accident; the place where it happened; the cause and nature of the injury; and the name, address and occupation of the person giving the notice, if not the injured person (reg 24(5), Schedule 4). An entry of those particulars made in the book as soon as practicable after the accident is sufficient notice of the accident to the employer (reg 24(3)). reg 25(1) — the employer takes reasonable steps to investigate the circumstances of every accident notified to it and records the circumstances found if they differ from the notice. The Regulations do not themselves deal with the personal data in the book; that is the Data Protection Act 2018 and UK GDPR. Note — reg 25(3) also covers any owner or occupier (being an employer) of premises to which any of the provisions of the Factories Act 1961 applies. Factories Act 1961 s.127(4) applies the Act's provisions to building operations and works of engineering construction as if the place were a factory and the person undertaking the work its occupier, so a building site may be caught whatever the headcount. This point is not settled: most of the provisions that s.127(2) applies to building operations have since been repealed, and no case law or official guidance on it was read (register entry factories-act-1961).
The instrument itself: https://www.legislation.gov.uk/uksi/1979/628. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 4 documents that cite it
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