Posted By Adrian Watson
Dear All,
The duty to report accidents is laid down within RODDOR 95.
It states in Sect 3.— that "
(1) Subject to regulation 10, where—
(a) any person dies as a result of an accident arising out of or in connection with work;
(b) any person at work suffers a major injury as a result of an accident arising out of or in connection with work;
(c) any person not at work suffers an injury as a result of an accident arising out of or in connection with work and that person is taken from the site of the accident to a hospital for treatment in respect of that injury;
(d) any person not at work suffers a major injury as a result of an accident arising out of or in connection with work at a hospital; or
(e) there is a dangerous occurrence,
the RESPONSIBLE PERSON shall—
(i) forthwith notify the relevant enforcing authority thereof by the quickest practicable means; and
(ii) within 10 days send a report thereof to the relevant enforcing authority on a form approved for the purposes of this sub-paragraph, unless within that period he makes a report thereof to the Executive by some other means so approved."
"responsible person" means—
(a) in the case of—
(i) a mine, the manager of that mine;
(ii) a quarry, the owner of that quarry;
(iii) a closed tip, the owner of the mine or quarry with which that tip is associated;
(iv) an offshore installation (otherwise than in the case of a disease reportable under regulation 5), the duty holder for the purposes of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995[14] provided that for the purposes of this provision regulation 3(2)(c) of those Regulations shall be deemed not to apply;
(v) a dangerous occurrence at a pipeline (being an incident to which paragraph 14(a)—(f) of Part I of Schedule 2 applies), the owner of that pipeline;
(vi) a dangerous occurrence at a well, the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by the well or, where no such person has been appointed, the concession owner (and for this purpose "concession owner" means the person who at any time has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored if, at any time, the well is, or is to be, used in the exercise of that right);
(vii) a diving operation (otherwise than in the case of a disease reportable under regulation 5), the diving contractor;
(viii) a vehicle to which paragraph 16 or 17 of Part I of Schedule 2 applies, the operator of the vehicle;
(b) (where sub-paragraph (a) above does not apply) in the case of the death of or other injury to an employee reportable under regulation 3 or of a disease suffered by an employee reportable under regulation 5, his employer; and
(c) in any other case, 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, or in connection with the work at which, the accident or dangerous occurrence reportable under regulation 3, or case of disease reportable under regulation 5, happened;
On the stated facts the person's employer has a duty to report the accident, as it clearly falls within Reg 2 (1) para (2) under responsible person.
Secondly under the Social Security (Claims and Payments) Regulations 1979, employers have a duty under Reg 25 to:
" (3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer..."
As the person is not your employee, you do not have to record it in your book.
CDM is a red herring in this instance.
Many Regards Adrian Watson