manager refuses to log AOD

[wheresourmoney]

Morning everyone, can any one help with this problem, a workmate had an injury playing football a few months back in which he had a couple of weeks off, he came back when ready and a couple of days ago stepped of a kerb at a odd angle resulting in his knee blowing up, he came into work but was unable to do a delivery ( it was the same knee in which he injured playing football ) he asked the manager if he could put it in the accident book but was told no, on account the original injury happened outside of work time. Any help would be grateful.

[bogstandard]

call the DWP on 0845 6031358 and ask them about registering an Industrial Accident and that, (so and so) your manager is refusing to enter it into the accident book. They may send out a pack which you fill in and return and they make a decision as to whether or not it is regarded as an Industrial accident. Meanwhile inform your lino that you've done this and that you told the DWP that they, and be sure your manager understands that you have named them, refused to fill out the accident book. If you catch them at the right time you may be able to watch the colour drain from their face.

[robbertwhitton]

the two incidents are separate surely?why do they continue to be awkward and bloody minded?rules are rules and another example of procedure not being followed and adhered to just cos it doesn't suit?make a point of this to the management ,and so it goes on,very little man management skills yet again!!!

[fishtank]

Under-Reporting or Non-Reporting

CWU ASRs in growing numbers across the UK have been reporting to Union HQ that they continue to have major problems with the blatant under-reporting and investigation techniques aimed at avoiding making ERICA (Accident Reporting System) entries at all costs, so as to make the statistics look good and achieve targets set by the MD and RM HQ Board and Regional Boards. As Mail Centre and Delivery Sector Managers are driven
towards achieving targets and WCM Award standards, keeping Accident numbers down becomes a key objective instead of dealing with the accident risks and causes. Hence a 'Blame Culture' develops as the aim of achieving the accident reduction targets comes into focus, so attacking the statistics rather than establishing route cause and contributory factors then applying remedial action and supporting victims.

Many Area Safety Representatives have questioned the claims made by Directors giving presentations at last month's Royal Mail Managers Conference, reporting big number reductions in accidents which has added fuel to the fire of discontent around CWU Representatives concerns about the under reporting or misreporting of accidents.

CWU lawyers Simpson Millar LLP have advised regarding the provisions of regulation 25 of the Social Security (Claims and Payments) Regulations 1979 (as amended). In particular subsection 3 which reads:

(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of 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 a trade or business carried on by the employer shall, subject to the following provisions of this paragraph—
(a) keep readily accessible a means (whether in a book or books or by electronic means), in a form approved by the Secretary of State, by which a person employed by the employer or some other person acting on his behalf may record the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to that person; and
(b) preserve every such record for the period of at least 3 years from the date of its entry.

In particular with regard to the above regulation:


1. The accident book or equivalent must be readily accessible.
2. It is a matter for the employee, not the employer or any one acting on behalf of the employer, whether an entry is made in the accident book or equivalent.
3. There is no restriction on the nature and type of accident and injury that can be entered into an accident book or equivalent. It is for the employee to determine whether or not they have sustained a personal injury and whether they have been involved in accident.
4. There is no restriction on the time within which an accident has to have occurred in order for an employee to make a record in the accident book
or equivalent. Regulation 25(3)(b) implicitly recognises that an entry may be made in an accident book at some point after the accident occurred.


Royal Mail have further been advised that a failure to provide a proper, accessible, accident book or equivalent may amount to a breach of statutory duty pursuant to Regulation 5 of the Management of Health and Safety at Work Regulations 1999.

In another of the attached letters to Royal Mail dated 23 April 2012, we have reminded Royal Mail of the provisions of regulation 25 of the Social Security (Claims and Payments) Regulations 1979 (as amended) and Regulation 5 of the Management of Health and Safety at Work Regulations 1999 and have requested that they circulate an Instruction to all Managers ensuring that all accidents are properly recorded and entered on the ERICA Electronic Accident Book, system with an explanation of what occurred in the victims own words and not those constructed by someone else. We have requested that Royal Mail confirms that our members will now be permitted to make any requested entry into the ERICA accident recording system.

Royal Mail have been advised that any pattern of behaviour on their part which suggests that there is a consistent breach of obligations under the above Regulations can be drawn to the attention of the Health and Safety Executive (HSE). The HSE have been made aware of the problems and complaints from ASRs regarding this matter which we have raised with Royal Mail.

Simpson Millar have also advised us to notify Royal Mail that should it become apparent that there is a systemic failure to comply with the above regulations, it is open to Royal Mail staff/CWU members to seek an injunction, declaratory relief or judicial review of the practice.

[wheresourmoney]

Thanks for the great replies everyone.