HEALTH & SAFETY
The questions that need to be answered include: • Is there a problem with the equipment? • Was there a failure in your procedures? • Was it the actions of the injured person or another guest?
• Is the equipment still safe to use?
It may well be that it is a combination of all three things and so the critical question to answer is: whether the equipment is still safe to use or if you need to make changes or amendments.
Any changes will need to be made to your equipment or your procedures. If the accident was caused by the actions of the injured party or another guest you can only effectively deal with this by changing your equipment or your procedures. There is often a reluctance to make changes, as some perceive it as an admission of fault. However, the questions you should consider are, was the accident foreseeable? If not, is it now? If the answer is yes to either question, then you should make the changes. If you do nothing and make no changes and the same incident occurs again, it will be significantly harder to defend any claim that follows. Also taking no action exposes you to potential criminal prosecution for failing to identify and control risk, should a similar accident arise. Accident investigation is about gathering information that is relevant to the incident. You should use a standardised form, which clearly lays out the information you want to know and includes the following:
➢Name & contact details of the injured person. Including telephone and email addresses. This is information that could assist your insurer if a formal claim is submitted, as
PARK WORLD Handbook & Buyers Guide 2018 27
it will be used as part of the work they undertake to check that there isn’t potential fraud
➢Details of their injuries and any first aid given. Claimants have been known to aggregate their injuries after the event - I have even had one claim where a person hurt their left foot on a ride but the claim was for a broken right foot, which we eventually discovered he broke later that day whilst elsewhere.
➢Date, time and location of the incident. Accurately recording such information will assist in identifying any accident patterns. One of the clients experienced a number of slips in various toilets around their site, these occurred at different times of the day. It was only when the accident dates and times were compared with the cleaning rota was it noticed that the accidents all occurred just after they were cleaned by a certain employee. They were not following the correct cleaning procedures.
➢CCTV records. This is the best evidence you can have as it shows in real time what actually happened. Unfortunately most systems overwrite themselves after a period of time, it is therefore important you take copies of the relevant footage as soon as you are aware of an accident so that it is not lost.
➢Statements from those involved. This should include the injured person, all employees involved and any independent witnesses. You should keep statements factual, do not record opinion or assumptions as fact. Make sure that the injured person signs to acknowledge that the information provided is correct - this will assist you if at a later date they claim a different version of events.
When reviewing the accident information you have gathered, you should also review your Health & Safety documentation. You should consider whether the operational procedures used were realistic, accurate, adequate and
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