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Posted By Paul Hill
An employee of an engineering company is sent on a block release training course to a local training provider. Whilst at the training centre, the employee had an accident which led to him having five days off work, which becomes reportable under RIDDOR. Who is responsible for completing the report, the training provider or the employer? This incident occured back in 2001 and dosen't appear to have been investigated, should it have been, and by whom?
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Posted By Sean Fraser
The responsibility, as far as I could see, would be yours as the employer. It is the only approach to take that would remove any ambiguity like this.
The way to consider it would be this - if your employee, during the normal course or their work-related activities, was working in a privately owned non-commercial location (i.e. someone's house) and had an accident, would you still need to ask the question? The only complicating factor here would be that the training provider was also a business, but the key thing to consider is that they don't employ the injured party - you do. He who pays the piper calls the tune, I'm afraid.
As for it not being investigated - I presume you did not mean by the HSE but by yourselves or the training provider. RIDDOR is a clear cut case really, but internal reporting is often a trickier issue when off premises - but for completeness, both parties (you and the trainer) should have reported it via your own in-house systems respectively, and then liased with each other with regard to investigation and actions. This is the only way to ensure it is captured by both - and not missed as one assumes the other will do it and vice versa. After all, it was your employee who was injured, to your cost, so you would need to assure yourselves that the trainer was still competent and safe enough to continue training your people in future.
I don't want to sound preachy so please excuse me if that is how it comes out. I only meant to give you my opinion on the issue.
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Posted By Ray Mitchell
I would agree that it is the duty of the employer to complete the 2508, however I have had discussions with CITB in regard to a student on a day release course having an accident whilst at college resulting in an over 3 dat LTA. I would still see this as being the employer to report however in the contract placed on the college it states the college has to inform the enforcing authorities.
The advice from the HSE when I contacted them was the employer, however when CITB asked the question the answer was the HSE didnt care who reported it.
I still believe that RIDDOR is quite clear and it is the employers responsibility to report accidents to their staff
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Posted By Geoff Burt
I've always felt it better to have a policy of 'if in doubt report it'. It doesn't matter if both parties do report it, but it does matter if neither do.
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Posted By Ken Taylor
RIDDOR requires the 'responsible person' to report and defines this (for most work activity) as the person for the time being having control of the premises in connection with the carrying on by him of any trade, business or other undertaking (whether for profit or not) at which, the accident or reportable dangerous occurrence or disease happened. So the test for who is to report under RIDDOR is basically: 'Who is the employer in control of the premises where it happened?
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