Introduction to Health and Safety at Work

part this may simply be due to general unfamiliarity with 
the new rules and we can expect an increase in litigation 
as time goes by.
However some of the positive effects have been
➤
the elimination of speculative actions due to the 
requirement to fully outline the claimant’s case in the 
letter of claim
➤
earlier and more comprehensive details of the claim 
allow a more focused investigation and response
➤
‘Part 36 offers’ (payments into court) seem to be 
having greater effect in deterring claimants from 
pursuing litigation
➤
overall faster settlement.
The negative effects have principally arisen from failure 
to comply with the timescales particularly relating to the 
gathering of evidence and records and having no time 
therefore to construct a proper defence.
Whilst it is still too early to make a full assessment 
of the impact of Woolf there are reasons to be cautiously 
optimistic.
Appendix 8.2 provides a checklist of headings, 
which may assist in the collection of information. It is not 
expected that all accidents and incidents will be investi-
gated in depth and a dossier with full information prepared. 
Judgement has to be applied as to which incidents might 

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Incident and accident investigation and reporting
125
give rise to a claim and when a full record of information 
is required. All accident report forms should include the 
names of all witnesses as a minimum. Where the injury 
is likely to give rise to lost time, a photograph(s) of the 
situation should be taken.
8.8 
Practice NEBOSH questions for 
Chapter 8
1. (a)
Give FOUR
reasons why an organization should 
have a system for the internal reporting of 
accidents
(b) 
Outline
factors that may discourage employees 
from reporting accidents at work.
2. An employee has been seriously injured after being 
struck by a reversing vehicle in a loading bay.
(i)