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Posted By Kevin Irwin
I'm sure this has been discussed before, but a colleague has sowed a seed of doubt in my mind. If an employee is injured in a road traffic accident, while on company business, and loses over three days as a result of the accident, is it reportable? I believe it is but I have a nagging doubt.
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Posted By Steve Langston
Regulation 10 of riddor states that accidents caused by moving vehicles on the road are not reportable unless they involve or are connected with
(a) exposure to any substance being conveyed by road
(b) vehicle loading and loading activities such as those engaged in refuse collection, brewerydeliveries, furniture removers etc;
(c) construction, demolition, alteration, repair or maintenance activities on or alongside public roads;or
(d) an accident involving a train where a person was killed or injured.
In addition if the accident occurred during work time on a private road (i.e. not a road covered by the road traffic act 1988) then it is reportable.
depends where the accident occurred and the activity being undertaken. It is not reportable simply because they have taken more than 3 days off work (even though they were on work duties.
steve
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Posted By Martin Taylor
I do not have reference to the actual regs but I would be minded to class this a simple work related accident and if the casulaty has genuinely lost over three days then it would make it reportable.
The other thing I would counsell is to consider why you would consider NOT reporting. My philosophy is if in doubt report - if still in doubt refer to HSE. Failure to report could land you in hot water further down the line. One experience I have had is for an individual who made a claim and his solicitors enquired to HSE if the accident had been reported. I could make a solid and genuine defence - if you have nay doubt the HSE may follow up further.
Again you have a RTA with serious outcomes that should merit robust internal investigation and actions.
Sorry if a bit long winded - shouldn't really do these thing before bedtime
hope it helps though
Martin
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Posted By Chris Uren
Don't forget that the investigating police officers could report the incident to the HSE if they felt it was a work relatd accident
Chris
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Posted By Jack
If as you seem to suggest this is a straightforward RTA the answer is NO.
If not straightforward then the points made in Steve's response apply.
'Why would you consider not reporting': because it's not reportable! There should be no 'doubt' in such a situation if you have the necessary facts.
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Posted By Steve Langston
Just to re-iterate
Currently under RIDDOR
A RTA is only reportable if it is within the class I metioned above AND it is a type of injury contained within reg 3 and 4 of RIDDOR. i.e death, over 3 day injury etc.
It is not reportable under RIDDOR simply if the employee is off work for more than 3 days following a head on collision for example. The reason I believe is that under the highway code all accidents on roads must be reported to the Police. As such they become the enforcing authority. If they feel a breach of the HASAW has resulted then they would refer it to the relevant enforcing authority (HSE or Env Health)
I have to say it is not particularly the stance I agree with. For instance, if an employee was forced to take a call on a hand held mobile phone whilst driving by the employer and then has an accident resulting in 4 days sickness then surely this ought to be reportable as it is related DIRECTLY to a work activity? However, currently under RIDDOR even this is not within the scope of requirements to report.
Surely RIDDOR should be less prescriptive in such circumstances as many work related accidents on roads continue to be under reported?!
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Posted By Zyggy Turek
Under current RIDDOR legislation, the incident described is NOT reportable for all the reasons given previously, but especially as the Police are the enforcement agency in such cases.
However, I do understand the rationale of some of the responses as I once had to explain to a manager that an employee who had just been killed in an RTA did not fall under RIDDOR, yet a banged elbow that necessitated > 3 days did!
I believe that the HSE are looking at this issue if & when RIDDOR is revised.
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Posted By Kevin Irwin
Thanks for the responses gents. Another one for the strange but true file! The employee concerned sustained 'whiplash' injuries in a minor accident when his company car was shunted from behind. However, the drivers didn't report the accident to the police and merely swapped insurance details. There must be many similar incidents where such injuries go unrecorded.
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Posted By Brett Day
Unfortunately, historically the Police have never been keen to have the HSE on 'thier patch' as it were, RIDDOR and other regulations were written on the basis that other than the above mentioned circumstances the Police would enforce, however, the Police have neither the time, resources or inclination to get involved so effectively no-one deals with it.
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