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I consider anyone who claims most people can handle their own claims is just being facetious. All including LIPs need to comply with the CPR (now on 93rd amendment0. Nobody has the first clue what that even is. A simple example of an EL claim and the disclosure that I can require from the employer in order to investigate a proposed claim perfectly illustrates how hopeless it would be for a lay person to try to understand what it is even talking about, much less cope with it. All concerned know that the lay person is going to be totally bamboozled and will have no chance.

Annex C: Pre-Action Personal Injury Protocol Standard Disclosure Lists

"WORKPLACE CLAIMS
GENERAL DOCUMENTS

(i) accident book entry;

(ii) other entries in the book or other accident books, relating to accidents or injuries similar to those suffered by our client (and if it is contended there are no such entries please confirm we may have facilities to inspect all accident books);

(iii) first aider report;

(iv) surgery record;

(v) foreman/supervisor accident report;

(vi) safety representative’s accident report;

(vii) RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) reported to HSE or relevant investigatory agency;

(viii) back to work interview notes and report;

(ix) all personnel/occupational health records relating to our client;

(x) other communications between defendants and HSE or other relevant
investigatory agency;

(xi) minutes of Health and Safety Committee meeting(s) where accident/matter
considered;

(xii) copies of all relevant CCTV footage and any other relevant photographs, videos and/or DVDs;

(xiii) copies of all electronic communications/documentation relating to the accident;

(xiv) earnings information where defendant is employer;

(xv) reports to DWP;

(xvi) manufacturer’s or dealers instructions or recommendations concerning use of
the work equipment;

(xvii) service or maintenance records of the work equipment;

(xviii) all documents recording arrangements for detecting, removing or cleaning up any articles or substances on the floor of the premises likely to cause a trip or slip;

(xix) work sheets and all other documents completed by or on behalf of those
responsible for implementing the cleaning policy and recording work done;

(xx) all invoices, receipts and other documents relating to the purchase of relevant
safety equipment to prevent a repetition of the accident;

(xxi) all correspondence, memoranda or other documentation received or brought
into being concerning the condition or repair of the work equipment/the premises;

(xxii) all correspondence, instructions, estimates, invoices and other documentation submitted or received concerning repairs, remedial works or other works to the work equipment/the premises since the date of that accident;

(xxiii) work sheets and all other documents recording work done completed by those responsible for maintaining the work equipment/premises;

(xxiv) all relevant risk assessments;

(xxv) all reports, conclusions or recommendations following any enquiry or investigation into the accident;

(xxvi) the record kept of complaints made by employees together with all other documents recording in any way such complaints or actions taken thereon;

(xxvii) all other correspondence sent, or received, relating to our client’s injury prior to receipt of this letter of claim;

(xxviii) documents listed above relating to any previous/similar accident/matter
identified by the claimant and relied upon as proof of negligence including accident
book entries;
WORKPLACE CLAIMS – DISCLOSURE WHERE SPECIFIC REGULATIONS APPLY
SECTION A - Management of Health and Safety at Work Regulations 1999

Documents including—

(i) Pre-accident Risk Assessment required by Regulation 3(1);

(ii) Post-accident Re-Assessment required by Regulation 3(2);

(iii) Accident Investigation Report prepared in implementing the requirements of
Regulations 4, and 5;

(iv) Health Surveillance Records in appropriate cases required by Regulation 6;

(v) documents relating to the appointment of competent persons to assist required by Regulation 7;

(vi) documents relating to the employees health and safety training required by
Regulation 8;

(vii) documents relating to necessary contacts with external services required by
Regulation 9;

(viii) information provided to employees under Regulation 10.
SECTION B– Workplace (Health Safety and Welfare) Regulations 1992

Documents including—

(i) repair and maintenance records required by Regulation 5;

(ii) housekeeping records to comply with the requirements of Regulation 9;

(iii) hazard warning signs or notices to comply with Regulation 17 (Traffic Routes).
SECTION C – Provision and Use of Work Equipment Regulations 1998

Documents including—

(i) manufacturers’ specifications and instructions in respect of relevant work
equipment establishing its suitability to comply with Regulation 4;

(ii) maintenance log/maintenance records required to comply with Regulation 5;

(iii) documents providing information and instructions to employees to comply with
Regulation 8;

(iv) documents provided to the employee in respect of training for use to comply with Regulation 9;

(v) risk assessments/documents required to comply with Regulation 12;

(vi) any notice, sign or document relied upon as a defence to alleged breaches of
Regulations 14 to 18 dealing with controls and control systems;

(vii) instruction/training documents issued to comply with the requirements of
Regulation 22 insofar as it deals with maintenance operations where the machinery
is not shut down;

(viii) copies of markings required to comply with Regulation 23;

(ix) copies of warnings required to comply with Regulation 24.
SECTION D – Personal Protective Equipment at Work Regulations 1992

Documents including—

(i) documents relating to the assessment of the Personal Protective Equipment to
comply with Regulation 6;

(ii) documents relating to the maintenance and replacement of Personal Protective
Equipment to comply with Regulation 7;

(iii) record of maintenance procedures for Personal Protective Equipment to comply
with Regulation 7;

(iv) records of tests and examinations of Personal Protective Equipment to comply
with Regulation 7;

(v) documents providing information, instruction and training in relation to the
Personal Protective Equipment to comply with Regulation 9;

(vi) instructions for use of Personal Protective Equipment to include the manufacturers’ instructions to comply with Regulation 10.
SECTION E – Manual Handling Operations Regulations 1992

Documents including—

(i) Manual Handling Risk Assessment carried out to comply with the requirements of Regulation 4(1)(b)(i);

(ii) re-assessment carried out post-accident to comply with requirements of
Regulation 4(1)(b)(i);

(iii) documents showing the information provided to the employee to give general
indications related to the load and precise indications on the weight of the load and
the heaviest side of the load if the centre of gravity was not positioned centrally to
comply with Regulation 4(1)(b)(iii);

(iv) documents relating to training in respect of manual handling operations and
training records.
SECTION F – Health and Safety (Display Screen Equipment) Regulations 1992

Documents including—

(i) analysis of work stations to assess and reduce risks carried out to comply with the requirements of Regulation 2;

(ii) re-assessment of analysis of work stations to assess and reduce risks following
development of symptoms by the claimant;

(iii) documents detailing the provision of training including training records to comply with the requirements of Regulation 6;

(iv) documents providing information to employees to comply with the requirements of Regulation 7.
SECTION G – Control of Substances Hazardous to Health Regulations 2002

Documents including—

(i) risk assessment carried out to comply with the requirements of Regulation 6;

(ii) reviewed risk assessment carried out to comply with the requirements of
Regulation 6;

(iii) documents recording any changes to the risk assessment required to comply with Regulation 6 and steps taken to meet the requirements of Regulation 7;

(iv) copy labels from containers used for storage handling and disposal of
carcinogenics to comply with the requirements of Regulation 7(2A)(h);

(v) warning signs identifying designation of areas and installations which may be
contaminated by carcinogenics to comply with the requirements of Regulation
7(2A)(h);

(vi) documents relating to the assessment of the Personal Protective Equipment to
comply with Regulation 7(3A);

(vii) documents relating to the maintenance and replacement of Personal Protective
Equipment to comply with Regulation 7(3A);

(viii) record of maintenance procedures for Personal Protective Equipment to comply with Regulation 7(3A);

(ix) records of tests and examinations of Personal Protective Equipment to comply
with Regulation 7(3A);

(x) documents providing information, instruction and training in relation to the
Personal Protective Equipment to comply with Regulation 7(3A);

(xi) instructions for use of Personal Protective Equipment to include the
manufacturers’ instructions to comply with Regulation 7(3A);

(xii) air monitoring records for substances assigned a maximum exposure limit or
occupational exposure standard to comply with the requirements of Regulation 7;

(xiii) maintenance examination and test of control measures records to comply with
Regulation 9;

(xiv) monitoring records to comply with the requirements of Regulation 10;

(xv) health surveillance records to comply with the requirements of Regulation 11;

(xvi) documents detailing information, instruction and training including training
records for employees to comply with the requirements of Regulation 12;

(xvii) all documents relating to arrangements and procedures to deal with accidents, incidents and emergencies required to comply with Regulation 13;

(xvii) labels and Health and Safety data sheets supplied to the employers to comply with the CHIP Regulations.
SECTION H – Construction (Design and Management) Regulations 2007

Documents including—

(i) notification of a project form (HSE F10) to comply with the requirements of
Regulation 7;

(ii) Health and Safety Plan to comply with requirements of Regulation 15;

(iii) Health and Safety file to comply with the requirements of Regulations 12 and 14;

(iv) information and training records provided to comply with the requirements of
Regulation 17;

(v) records of advice from and views of persons at work to comply with the
requirements of Regulation 18;

(vi) reports of inspections made in accordance with Regulation 33;

(vii) records of checks for the purposes of Regulation 34;

(viii) emergency procedures for the purposes of Regulation 39.
SECTION I – Construction (Health, Safety & Welfare) Regulations 1996

Documents including—

(i) documents produced to comply with requirements of the Regulations.
SECTION J – Work at Height Regulations 2005

Documents including—

(i) documents relating to planning, supervision and safety carried out for Regulation 4;

(ii) documents relating to training for the purposes of Regulation 5;

(iii) documents relating to the risk assessment carried out for Regulation 6;

(iv) documents relating to the selection of work equipment for the purposes of
Regulation 7;

(v) notices or other means in writing warning of fragile surfaces for the purposes of
Regulation 9;

(vi) documents relating to any inspection carried out for Regulation 12;

(vii) documents relating to any inspection carried out for Regulation 13;

(viii) reports made for the purposes of Regulation 14;

(ix) any certificate issued for the purposes of Regulation 15.
SECTION K – Pressure Systems and Transportable Gas Containers Regulations 1989

(i) information and specimen markings provided to comply with the requirements of Regulation 5;

(ii) written statements specifying the safe operating limits of a system to comply with the requirements of Regulation 7;

(iii) copy of the written scheme of examination required to comply with the requirements of Regulation 8;

(iv) examination records required to comply with the requirements of Regulation 9;

(v) instructions provided for the use of operator to comply with Regulation 11;

(vi) records kept to comply with the requirements of Regulation 13;

(vii) records kept to comply with the requirements of Regulation 22.
SECTION L – Lifting Operations and Lifting Equipment Regulations 1998

Documents including—

(i) records kept to comply with the requirements of the Regulations including the
records kept to comply with Regulation 6.
SECTION M – The Noise at Work Regulations 1989

Documents including—

(i) any risk assessment records required to comply with the requirements of
Regulations 4 and 5;

(ii) manufacturers’ literature in respect of all ear protection made available to claimant to comply with the requirements of Regulation 8;

(iii) all documents provided to the employee for the provision of information to comply with Regulation 11.
SECTION N – Control of Noise at Work Regulations 1989

Documents including—

(i) documents relating to the assessment of the level of noise to which employees are exposed to comply with Regulation 5;

(ii) documents relating to health surveillance of employees to comply with Regulation 9;

(ii) instruction and training records provided to employees to comply with Regulation 10.
SECTION O – Construction (Head Protection) Regulations 1989

Documents including—

(i) pre-accident assessment of head protection required to comply with Regulation 3(4);

(ii) post-accident re-assessment required to comply with Regulation 3(5).
SECTION P – The Construction (General Provisions) Regulations 1961

Documents including—

(i) report prepared following inspections and examinations of excavations etc. to comply with the requirements of Regulation 9.
SECTION Q – Gas Containers Regulations 1989

Documents including—

(i) information and specimen markings provided to comply with the requirements of Regulation 5;

(ii) written statements specifying the safe operating limits of a system to comply with the requirements of Regulation 7;

(iii) copy of the written scheme of examination required to comply with the
requirements of Regulation 8;

(iv) examination records required to comply with the requirements of Regulation 9;

(v) instructions provided for the use of operator to comply with Regulation 11.
SECTION R – Control of Noise at Work Regulations 2005

Documents including—

(i) risk assessment records required to comply with the requirements of Regulations 4 and 5;

(ii) all documents relating to steps taken to comply with regulation 6;

(iii) all documents relating to and/or arising out of actions taken to comply including providing consideration of alternative work that the claimant could have engaged to comply with Regulation 7.
SECTION S – Mine and Quarries Act 1954

Documents including—

(i) documents produced to comply with requirements of the Act.
SECTION T – Control of Vibrations at Work Regulations 2005

Documents including—

(i) risk assessments and documents produced to comply with requirements of
Regulations 6 and 8;

(ii) occupational health surveillance records produced to comply with Regulation 7."

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