The Obligation to Report Minor Accidents: Beyond Medical Leave

It is crucial to understand that the definition of "work accident" for preventive purposes is not limited to events that result in serious injuries or require medical leave. The Occupational Risk Prevention Law (LPRL) and modern preventive practice conceive of a work accident in a much broader sense, including those incidents that, fortunately, did not have serious consequences initially.

Why is it essential to report minor accidents without leave or a mutual company report?

The main reason lies in the preventive approach. A minor accident, with no apparent consequences, is often an "alarm signal" or a "near-miss" (also known as incidents). Ignoring them means losing a valuable opportunity to identify and correct deficiencies in the company's prevention system.

1. Identification of Risks and Root Causes:

• Indicator of Underlying Risks: A slip without a fall, a small cut that doesn't need stitches, a bump that only causes a minor bruise, or even a falling object that doesn't hit anyone, are clear indicators that something is not working correctly. It could be a slippery surface, a defective tool, an inadequate work procedure, a lack of training, or a deficiency in the workstation design.

• Preventive Investigation: Reporting these events, however insignificant they may seem, triggers the employer's obligation to investigate them. This investigation does not seek culprits, but rather to identify the causes that allowed the incident to occur. Was it human error? A technical failure? An unsafe condition? A combination of factors?

• Anticipation of Serious Accidents: Many serious or fatal accidents are preceded by a series of minor accidents or incidents that were not adequately investigated and whose causes were not rectified. Consider the "Heinrich's pyramid" or "safety pyramid," which suggests that for every serious accident, there are numerous minor accidents and incidents that were not reported or investigated.

  
  

2. Continuous Improvement of the Prevention System:

• Feedback for Risk Assessment: The information collected from minor accidents enriches the initial risk assessment. It allows for confirmation of whether the identified risks are correct, whether the implemented preventive measures are effective, or if it is necessary to re-evaluate and update the prevention plan.

• Updating Safe Work Procedures: If a minor accident occurs due to an inadequate procedure, its reporting allows for the review and improvement of that procedure, making the work safer for everyone.

• Training Needs: If the root cause is related to the worker's lack of knowledge or skills, reporting the minor accident can indicate a need for specific training for that position or task.

  
  

3. Regulatory Compliance (Indirect but Relevant):

Although there is no specific article that obliges reporting "every single incident to Delt@", the LPRL does require the employer to guarantee health and safety at work, which implies proactive risk management. The lack of recording and investigation of minor accidents (especially if they are recurrent) could be interpreted as a deficiency in the company's prevention management system in the event of an inspection or a subsequent, more serious accident.

Specific Obligations:

By the Employer:

The employer's obligation, even if the accident is minor and without leave, is as follows:

1. Internal Register: An internal system must exist for recording all accidents and incidents, no matter how small. This record should include, at a minimum, the date, time, place, description of the incident, people involved, and the initial measures taken.

2. Investigation: Each of these accidents, however minor its consequence, must be investigated by the company's prevention service or by qualified personnel (e.g., the prevention manager or the area's middle manager). The investigation should go beyond the injury and focus on the causes that provoked it.

3. Adoption of Corrective Measures: As a result of the investigation, the employer must implement the necessary corrective measures to prevent the same or a similar incident from recurring. These measures must be documented, and their effectiveness subsequently verified.

4. Information to Worker Representatives: The LPRL requires that worker representatives (prevention delegates) be informed of accidents and incidents that occur in the company, even those without medical leave, as they have the right to participate in the investigation and follow-up of corrective measures.

   
   

By the Employee:

The worker's collaboration is indispensable for the system to function. Their obligation is to:

1. Immediate Communication: The worker must immediately communicate any accident or incident, however minor the injury or insignificant the event may seem, to their direct superior or the prevention service. They should not underestimate the importance of their experience.

   • "Nothing happened": This is the most dangerous phrase. The fact that there was no apparent injury at that moment does not mean that there is no latent risk or that the injury will not manifest itself later. And, above all, it does not mean that the cause of the incident cannot cause a more serious accident in the future for themselves or a colleague.

2. Provide Information for Investigation: The worker must actively collaborate in the investigation of the accident or incident, providing all information they possess about the circumstances, the sequence of events, and any factor that, in their opinion, may have contributed to the event. Their perspective is key to understanding what happened.

   
   

4. Consequences of Not Reporting Minor Accidents:

• Loss of Preventive Opportunities: The chance to learn from mistakes and improve safety is missed.

• Risk of More Serious Future Accidents: The underlying causes persist, increasing the likelihood of a more serious incident.

• Deficiencies in the Prevention Management System: A lack of recording and analysis of these events can demonstrate a weakness in the company's preventive system in the event of an inspection.

• Potential Problems for the Worker: If an injury manifests days after an uncommunicated "minor accident," it may be more difficult to prove the occupational origin and, therefore, access benefits from the mutual insurance company or Social Security.

  
  

Ultimately, for both employer and employee, reporting and investigating minor accidents, even those that do not require leave or an assistance report, is not just a mere formality. It is a demonstration of a real commitment to safety, an exercise in continuous learning, and a long-term investment in the health and well-being of the entire workforce. An environment where small incidents are valued as opportunities for improvement is a safer environment for everyone.