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Posted By Marie Dolman
A temporary employee, whilst walking across our car park into the building to start work, slipped on snow/ice and injured her hand (the car park had been gritted but obviously not on the bit where she slipped!).
She was sent to hospital an hour or so later as her hand was painful and swollen - bruising was diagnosed and she returned to work with instructions from the hospital to keep using her hand.
Would you say this was reportable as she "was not at work and was taken from the site of the accident to hospital" or not reportable as she was "at work" and did not have any time off or change her duties in any way?
Many thanks in advance.
Marie.
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Posted By Sean Fraser
Marie,
Since this doesn't come under any of the categories for serious injury or fatality, the decision lies in whether the injury was sufficient to cause the injured person to be off work for more than 3 days. From what you have said the employee was back at work the same day, despite having had a brief sojourn to the hospital. Therefore no - it is not RIDDOR reportable.
However, it is reportable under your own in-house system!
The HSE website will provide further information on the subject:
http://www.hse.gov.uk/pubns/accidents.htm
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Posted By Mark Bywater
Hi Marie,
As the previous respondent says - it's not reportable to HSE YET!
But be aware that if she has over 3 days off at a later date and quotes this injury as her reason for absence - it will be reportable, even if it is more than 10 days after her accident.
Regards,
Mark
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Posted By Alec Wood
As said previously not reportable yet.
On the question of "at work, or not at work", I would consider her being on company premises to be "at work" even if those premises are just the car park!
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Posted By Steve Langston
Not one to disagree but...
Whilst working for my last employer I was informed in no uncertain terms by a HSE inspector that an employee who left the premises at lunchtime (unpaid lunch) and fell on the steps that lead from the building outside causing an injury to the wrist requiring hospital treatment was reportable as she was classed as a member of public at the time of the accident!
She returned to work the following day and was capable of continuing with her full duties!
So I would report it!
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Posted By Sean Fraser
Steve,
Good point!
Reg 3(c) DOES treat this differently, where the full section states:
"Notification and reporting of injuries and dangerous occurrences
3.—(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."
Marie, in this case it might be best if you contact your local HSE office and ask for advice. If they say yes, they'll tell you how to go about reporting it. If they say no, then you will be covered by having asked the question.
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Posted By Ken Taylor
Not reportable as it was 'an hour or so later' and she was not literally taken to hospital from the accident site. If an ambulance had been called to pick her up from the car-park at the time, it would have been reportable as she was a person not at work at the time of the incident.
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Posted By Steve Langston
I do hate disagreeing but paragraph 45 of RIDDOR ACOP says:
"Any injury to a person who is not at work must be reported if it:
a) results from an accident arising out of or in connection with work (in this case a gritted car park); and
b) results in them being taken from the premises where the accident occuured to a hospital, by whatever means, for treatment in respect of that injury."
Talk of it being an hour later or that an ambulance was not called is irrelevant.
At the end of the day if you report it and it should not have been reported the worst scenario is you will recieve a letter from the HSE/local authority saying it is not a reportable incident.
If you do not report it and the HSE/local authority find out, then you are liable to prosecution and face a fine of up to £5000.
(By the way I am an ex enforcement officer)
Hope this helps!
Regards
Steve
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Posted By Ken Taylor
Steve, I agree with the principle that it's better to report than not to report if in doubt. However, I believe that the legislation refers to persons being taken to hospital from the site of the accident and not the premises where the accident occurred. I took it that the intention of this was to obtain notification of the type of accidents that require transport to hospital and not those where someone decides to go there later (whether one hour or three days). In the case quoted, I take the site as being the car-park where it happened and not the building from where the injured person left for hospital an hour later. To emphasise this point, consider that the injured person might have been miles away an hour later if they had so decided and, therefore, in no way at the site (or even the premises).
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Posted By Steve Langston
The issue of "taken direct from the scene to hospital" is at times a grey area.
I would argue that the employere "sent" the IP to hospital, thus implying that the person should have gone immediately anyway!
In addition the term "taken from the scene" relates to the site as a whole not the carpark. For example would you consider it not reportable if the IP was taken to the first aid room within the building before going to hospital?
I would report it, or at least call the enforcement officer to gain further advice.
Steve
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Posted By Ken Taylor
The question being about the legalities, Steve, I have to say that the determining criteria for reporting are that: 1. the IP has to be taken to hospital (the HSE guidance gives examples as by private car, taxi or ambulance); and 2. it has to be from the scene of the accident.
As to your question about being taken from the first-aid room, I would take this as being an essential brief stop on the IP's necessary journey to the hospital and would consider the situation reportable provided that the IP was then taken to hospital following the administration of first-aid - but not on the basis that the first-aid room was part of the scene of the accident (unless it occurred there!).
The above having been said, you will now know that, if in any doubt, I would report the incident to the HSE anyway - so we are not really that far apart in practice.
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