Incident Reporting Policy and Procedures Document Type Incident Reporting Policy and Procedures Author Chief Executive Owner (Dept) Services and Development Date of Review April 2014 Version 3 INCIDENT REPORTING PROCEDURE List of Contents Page 1. Policy 2 2. Background 2 3. Definitions 2 4. Scope 3 5. Reference Documents 3 6. Responsibilities 3 7. What should I report? 4 7.1 7.2 7.3 7.4 7.5 7.6 4 5 6 7 7 8 8. A Fatality Minor injury / Major injury / Over-7-day injury accidents A near miss to injury A Specific Notifiable Disease A Dangerous Occurrence People category How do I make a Report? 8 8.1. 10 The requirements under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) Supporting document to be used with this policy and procedure Example of an Incident Report Form Example of a Summary Information Sheet Example of a Witness Statement Form Incident Reporting Flow Chart 1 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 1. Policy In accordance with the Aims and Objectives of The Mungo Foundation’s Health and Safety Policy, our incident reporting procedure considers everyone that may come into contact with our work activities or premises. Employees are expected to cooperate with their Employer to ensure that statutory obligations are met. Failure to comply may result in prosecution for The Mungo Foundation (TMF), of individual staff and/or disciplinary action being taken against Employees. This policy defines the processes, identifies those with responsibility and provides guidance for the internal and external reporting for Accident and incident reporting and investigation. 2. Background Our reporting procedures have been reviewed and amended accordingly to: Provide a comprehensive understanding of incident reporting and ensure we report incidents, effectively Minimise the delay in the reporting of incidents and to encourage the immediate implementation of corrective and preventative measures Comply with the statutory duties set out in the “Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995” (RIDDOR), the Social Security (Claims and Payments) Regulations 1979 and the Data Protection Act 1998. 3. Definitions 3.1 An Incident – all circumstances leading to or causing a work-related accident, work-related ill health, a near miss situation, specific types of disease or dangerous occurrences. or ‘‘a significant event which demands a response beyond the routine’ A near miss is a type of incident - “An event or occurrence which but for skilful management or a fortunate turn of events, would have led to harm, loss or damage.” 3.2 A Work-Related Accident – ‘any event that results in injury or leads to ill-health or people, or damages equipment, property or materials but where there is harm’ source HSE 3.3 A Specific Notifiable Disease – are related to particular work activities. For example you need to report a case of infection only when you can reliably attribute it to the work that a person does. Infections which could have been acquired equally easily at work or in the community are not reportable. 2 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 3.4 A Dangerous Occurrence – is a specified event which may not result in a reportable injury, but has the potential to do significant harm e.g. the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment etc. 3.5 Safeguarding Incidents - the Adult Support and Protection (ASP) Act states harm includes all harmful conduct/incidents and in particular includes; Conduct or incidents which cause or could cause physical harm or danger (medication error, physical assault, poor support and care, neglect etc) Conduct which causes psychological harm (for example by causing fear, alarm or distress) Unlawful conduct which appropriates or adversely affects property, rights or interests (for example: theft, fraud, embezzlement or extortion) Conduct which causes self-harm 4. The scope of this policy? The Mungo Foundation recognises that it has a legal obligation to report certain accidents, specified diseases and dangerous occurrences to the enforcing authorities. There is also a requirement to report all incidents, including accidents and any near - miss situation, to ensure that there are positive steps taken to prevent a reoccurrence. The scope of this policy is to ensure that all Employees within The Mungo Foundation clearly understand the process of and their role within the Accident and Incident Reporting and Investigation process. 5. Reference Documents Health and Safety Policy and procedures Health and Safety forms, risk assessments and documents Incident reporting forms and guidance De-briefing forms Care Act, Care Standards and guidance on notifiables Adult Support and Protection procedures and reporting protocols The Mungo Foundation policies and procedures 6. Responsibilities Chief Executive Directors Health and Safety Manager Area Managers Managers Administration Team All Employees 3 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 7. What should be Reported? In addition to the following categories, The Mungo Foundation has decided that an Incident Report Form must also be completed where incidents occur in relation to support and care matters, including those who use our services. This includes, but is not exhaustive to- medication error, self injurious behaviour, incidents of harm or potential harm, behaviour out of character, assault on a service user by another service user, mis-use of medication, loss or theft of monies or belongings, unplanned restraint or physical intervention of a service user. An incident pick list accompanies the Incident Report Form and details the types of incidents that tend to be reported/occur in the work place and indeed a social care environment. It is noted that the management and reporting of Incidents will often require the notifying of incidents to external authorities such as Medical Professionals, Police, Care Inspectorate/ Regulatory Bodies, Social Work and Safeguarding Teams. Direction and guidance must be sought from line management where external notification is required or indeed where there is any uncertainly around notifying. 7.1 A Fatality In the event of a fatality, Medical assistance, the Police Authorities and as appropriate, the Enforcing Authority either the Environmental Health Department or Health and Safety Executive must be contacted immediately (see website for health and safety enforcement listings – www.themungofoundation.org.uk/staff/health and safety/H&S Information). In addition, the following personnel or authority must be informed as soon as possible: For Services and Projects The Care Inspectorate; The Care Manager; The Mental Welfare Commission; The Registered Manager; The Area and/or on-call Manager; The Health and Safety Manager. For offices/workshops The Senior or “on-call” Manager; The Health and Safety Manager. During investigations, on-site Managers and/or other employees may be required to provide details of the events leading up to, during and at the time of the fatality. The Health and Safety Manager will be available for advice and assistance during the course of any necessary investigation. 4 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 Responsibilities: Employees: Must seek immediate medical assistance, contact the Police Authorities and the Enforcing Authority (Environmental Health Department or Health and Safety Executive); Managers: Must alert their own Area Manager who will provide assistance and guidance to ensure the appropriate formal reports are completed. Guidance and direction from The Health and Safety Manager should also be sought in instances of completing HSE reports Managers: Should be cognisant of the potential obligation to notify external agencies such as, Care Inspectorate, Safeguarding Teams or Commissioning/contracts Teams, Mental Welfare Commission, HSE “notification” requirements involving service users For the purpose of clarity, where an individual dies as a result of an end of life condition or the death has been expected, there is no duty on staff to report the death to the HSE - all deaths however must be reported to medical professionals (GP/NHS 24) at the time of death, as well as notified to the Care Inspectorate and Care Manager Local protocols around informing family and next of kin should also be followed. 7.2 Minor / Major / Over 7 Day Injury Accidents In the event of a minor or major injury accident medical assistance should be considered. The Manager will conduct an investigation to establish the cause of the accident, what treatment was given if any, and what action is required to prevent a similar occurrence. An over 7 day injury (previously over 3 days) is one which results in the injured person being away from work or unable to do the full range of their normal duties for more than seven days. This includes any days they wouldn’t normally be expected to work such as weekends, rest days or holidays not counting the day of the injury itself (see RIDDOR Supplement for further information). Should a minor injury further result in absence from work for more than seven days or the incapacity of that person to conduct their normal work, then details must be forwarded to the Health and Safety Manager. Responsibilities: Employees: must report incidents to their Line Manager or “on call” Manager before the end of their working shift or before leaving the work setting. Where it is not possible or not practical to report an incident in this way then the employee or someone acting on their behalf, must contact the Line Manager 5 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 the following day and give details of the incident. Please note: Failure to report “Lost time / time-off work” accidents will result in normal absence procedures applying. Managers, Employees or their Representatives: Must record details in the Incident Report Form Managers: Must ensure that all reported incidents involving service users and other non-employees, are also recorded; Managers: Must (without delay) report major and over 7 day injury accidents to the Health and Safety Manager by telephone Managers: Should refer to Procedures for “notification” requirements involving service users, members or clients. 7.3 A Near Miss A near miss” can be described as “an unplanned, uncontrolled or unexpected event that could have resulted in loss of some kind”. In essence, it is often only a matter of luck as to whether or not an untoward event resulted in loss or not. In health and safety it is considered more prudent to attempt to control the untoward event before the injury or near miss occurs. From a preventive viewpoint, it is often the same immediate, underlying and root causes that result in either the near miss or the injury. Therefore, near misses can be seen to be preventive opportunities. The Mungo Foundation’s proactive approach to accident prevention is to encourage its employees to report any "near-miss" event - an accident that but for slightly different circumstances, could have had a different, more serious outcome. Some examples are: “The wheelchair toppled slightly over as the vehicle turned the corner” and “Whilst cooking late at night the cooking utensils and food contents were burned setting off the smoke detector”. When reporting a near miss event it may be difficult to complete certain sections of the form therefore where there has been a reasonable attempt to provide information, part-completed forms will be acceptable. Responsibilities: Employees: Must report near misses to their Line Manager Managers: Must record as much detail as possible when completing the incident Report Form. 6 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 7.4 A Specific Notifiable Disease If a doctor notifies us that our employee suffers from a reportable work-related disease we must send a completed report form to the enforcing authority (see website for enforcement authority listings www.themungofoundation.org.uk/staff/health and safety/H&S Information) Responsibilities: Managers: Must report any doctor’s notification to the Area Manager and inform the Health and Safety Manager Managers: should refer to Procedures for “notification” requirements involving service users 7.5 A Dangerous Occurrence Although such events are rare, there need not be any personal injury sustained for a Dangerous Occurrence to be classified. Where it is suspected that a Dangerous Occurrence has occurred, the Health and Safety Manager and local Management must be informed immediately. It is important to note that the person responsible for reporting a Dangerous Occurrence is the Manager or the person in charge of the work setting/premises. Therefore, if a contractor is working on behalf of The Mungo Foundation and they affect the Dangerous Occurrence, The Mungo Foundation will be required to report the incident, not the contractor. Responsibilities: Employees: Must report a dangerous occurrence to their Line Manager; Managers: Must inform the Health and Safety Manager; Managers: Must complete the Incident Report Form; even if there have been no injuries; Managers: Should refer to Procedures for “notification” requirements involving service users. In addition to the aforementioned guidance, further information can be obtained on the categories of reportable accidents, specific diseases and dangerous occurrences from the The Mungo Foundation website (www.themungofoundation.org.uk/staff/health and safety/H&S Information) or by contacting the Health and Safety Manager. 7 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 7.6 People Category Incident report forms may be completed for the following groups of people: Employees of The Mungo Foundation, Service Users, members, clients, families, carers Contractors, Members of the Public, Visitors Trainees, Work Experience Students, Volunteers. 8. 1 How do I Make a Report? An employee of The Mungo Foundation involved in an incident, must record the details on part 1 of the Incident Report Form. Where they are unable to e.g. through an injury etc they can ask a representative or their Line Manager to complete the details for them. The Line Manager should confirm that the written report, clearly states the events leading up to, at the time of and after, the incident. The line manager should also ensure that the person completing the form details those who have been involved in or who have witnessed the incident. Part 2 must be completed by the responsible Line Manager - this section provides opportunity for the incident to be defined using The Mungo Foundation’s Incident Pick list. Identifying the nature and type of incident is a key aspect in trend analysis and overall corrective/preventative management of incidents. This section also requires the Line Manager to record what management support or guidance has been taken in response to the incident. A copy of Part 2, alongside Part 1 of the Form must be forwarded to Head Office for the attention of Catherine Sloey (PA to the Chief Executive) and the Area /Senior Manager. The Area Manager and /or The PA to the Chief Executive will ensure that the Incident Report Form is forwarded to The Mungo Foundations’ Health and Safety Manager where the incident relates to specific Health and Safety at work matters, and where Health and Safety Management guidance, risk assessment and expertise is required. Part 3 must be completed by the relevant Area Manager or Senior Manager/Director (where the incident does not relate to care provision and, for example, relates to the office environment or staff. A copy of Part 3 of the Incident Form must be forwarded to Head office for the attention of Catherine Sloey. Original copies of the Incident Form will be held in the local Incident Folder. Incident forms for the prior year will be archived in accordance with The Mungo Foundation’s policy. Forms can be posted (recorded delivery) or submitted to Head Office electronically (scanned or faxed). 8 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 All incident records, including supplementary sheets and/or witness statement forms, must be retained within the scope of the Data Protection Act 1998 (refer to website for further information www.themungofoundation.org.uk/staff/health and safety/H&S Information) Part 4 must be completed by both the Area/Senior Manager and the Line Manager upon completion of the incident and of any investigations or critical reviews that have been carried out. This section will detail the actions taken by management and record any measures that have been put in place. It should also detail how measures will be implemented and reviewed, for example - Staff training, agreed regular review and monitoring of a service users care plan, adjustments to environment, purchase of specialised equipment Summary Note 1: the member of staff /person reporting the incident must complete Part 1 of the Incident Report Form. A copy of the from should be forwarded to Head Office as soon as possible and within 3 days for the attention of the Area Manager and Catherine Sloey (PA to the Chief Executive). The person reporting the incident must also notify their line manager or on call manager as soon as possible of the incident Note 2: the line Manger must complete Part 2, of the Incident Report Form providing a definition of the incident and management steps taken. A copy of the form must be forwarded to Head Office as soon as possible and within 3 days for the attention of the Area Manager and Catherine Sloey Note 3: the Senior/Area Manager/PA to the Chief Executive will ensure that The Health and Safety Manager is provided with copies of all Incident Report Forms that require Health and Safety Management overview, guidance or input Note 4: the Area Manager/Senior Manager must complete Part 3 of the Incident Report Form, in relation to an incident report relating to their services or area. This must be completed detailing the Senior Manager’s response to the incident. A copy should also be provided to Catherine Sloey at Head Office for central filing. Note 5: both the Line Manager and Area/Senior Manager must complete part 4, of the Incident Report Form, detailing the conclusion of the incident and actions/measures taken at a management level. A copy of this will be forwarded to Catherine Sloey, PA to the Chief Executive at Head Office for central filing. The management process should take between 7 – 28 days. Note 6: the Employee and/or Line Manager must ensure that relevant bodies are notified of the incident should the incident be a notifiable Note 7: On request, external agencies and commissioning authorities are permitted to 9 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 receive copies of the Incident Report Forms and details of any investigations carried out. When requests are made staff must direct the request to the Area Manager to determine whether information can be provided. Note 8: The Incident Report Form meets the standards of the Department of Works and Pensions. There is no requirement to implement an additional accident book. Responsibilities: Managers must make a reasonable effort to contact the person(s) involved in the incident to ensure completion of the incident report form and to finalise their investigation into the incident. For the purposes of legal enquiries, Managers must ensure that all forms are retained for 5 years. Managers must ensure that the original documents are submitted to the Health and Safety Manager within 10 - 15 days. Area Managers must ensure any serious or recurring financial irregularities are reported to the Director of Finance on receiving report from. 8.1 The legal Requirements under RIDDOR The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. Sometimes referred to as RIDDOR 95 or RIDDOR for short, came into force on 1 April 1996. Reporting accidents and ill health at work is a legal requirement. The information enables ‘the enforcing authorities’ to identify where and how risks arise and to investigate serious accidents. This then helps us on how to reduce injury, ill health and accidental loss. Responsibilities: Managers: Must telephone the Health and Safety Manager, in the first instance, when reporting the following: A fatality A major injury An over 7 day injury A specific notifiable disease A dangerous occurrence. Managers: Must contact the Health and Safety Manager to ensure that an “online” report is sent to the Incident Contact Centre. Note: The Incident Contact Centre is the central point for receiving RIDDOR reports which are then re-directed 10 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 to the relevant Health and Safety Executive Department or Local Authority Environmental Health Department. If for any reason it is not possible to contact the Health and Safety Manager then Managers should report directly to the RIDDOR Incident Contact Centre http://www.riddor.gov.uk/ and follow the on-line instructions. On completion, you must forward a copy of your on-line report (F2508/F2508A etc) to the Health and Safety Manager. Managers: Must also complete The Mungo Foundation Incident Report Form Further information on categories of RIDDOR and reportable details are available on the (www.themungofoundation.org.uk/staff/health and safety/H&S Information) 11 Issued by: Chief Executive Issue no. 3 Issue Date: July 2013 Incident Occurs Fatality Minor Injury Incident without injury / Near Miss Inform Line Manager. Complete Incident Report form. Conduct investigation. Refer to Incident Reporting Policy and Procedures Provide First Aid etc where considered necessary. Inform Line Manager. Complete Incident Report form. Conduct investigation. Refer to Incident Reporting Policy and Procedures NOTE: 1 Major and over 7 day injuries Provide First Aid, medical assistance, A&E etc where considered necessary. Inform Line Manager. Complete Incident Report form. Conduct investigation. Refer to Incident Reporting Policy and Procedures Specified Diseases and Dangerous Occurrences Inform Line Manager. Complete Incident Report form. Conduct investigation. Refer to Incident Reporting Policy and Procedures Immediately contact the emergency services for Medical Assistance, the Police, other Enforcing Authorities and the duty/oncall Manager. Refer to Incident Reporting Policy and Procedures. Physical or Verbal threats, abuse, assault Refer to Violence & Aggression at Work policy and procedures. Send Incident Report Form to Head Office 3 days. Telephone the Area/Senior who will seek the input/guidance from the Health & Safety Manager for an “on-line” report to be made to the Incident Contact Centre. Refer to Incident Reporting Policy and Procedures Send completed Incident Report Form to Head Office within 24 hours NOTE 2: Any incident resulting to support / care practice, illness or the physical, sensory or mental impairment of a service user, medication practice errors and challenging behaviour incidents. Notify Line Manager and seek professional guidance as appropriate report