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Posted By Roger Baines
A van driver sub-contracted to us was involved in a RTA in which the other driver was killed.
Witnesses and the Police are happy that the sub-contractor is blame free.
The sub-contractor was not carrying our goods but has our livery on his van.
Would we need to report this under RIDDOR?
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Posted By Paul Craythorne
Roger,
See the extract below taken from the HSE web site.
Technical Note - Safety Statistics
Extract from Health and Safety Statistics Highlights (HSSH) 2001/02
Injury and dangerous occurrence statistics given in the HSSH 2001/02 report for 1996/97 - 2001/02 were compiled from reports made to HSE and local authorities under the Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995 (RIDDOR 95). These Regulations came into effect on 1 April 1996 and replaced RIDDOR 85, the Railways (Notice of Accidents) Order 1986, and certain provisions of the Offshore Installations (Inspectors and Casualties) Regulations 1973 and the Submarine Pipelines (Inspectors etc) Regulations 1977. Certain provisions of the Regulation of Railways Act 1871 and the Transport and Works Act 1992 were also repealed or amended.
Deaths of all employed people and members of the public arising from work activity are reportable to either HSE or the local authority. There are three categories of reportable injury to workers defined under the regulations: fatal, major and over-3-day injury. Examples of major injuries include: fractures (except to fingers, thumbs or toes), amputations, dislocations (of shoulder, hip, knee, spine) and other injuries leading to resuscitation or 24 hour admittance to hospital. Over-3-day injuries include other injuries to workers which lead to their absence from work, or inability to do their usual job, for over three days. A non-fatal injury to a member of the public is reportable if it results in the injured person being taken from the site of the incident to hospital.
Certain reporting requirements under RIDDOR 95 differ from those under the previous regulations, RIDDOR 85. For example, the definition of a major injury to workers was widened and that of members of the public was altered to include the hospital criterion. Therefore statistics of worker fatalities are comparable, but other injury statistics including major injuries, dangerous occurrences from 1996/97 cannot be compared with those for previous years. RIDDOR 95 also introduced acts of violence at work, and acts of suicide or trespass on railways or other transport systems.
Injuries which are not reportable under RIDDOR 95 are: road traffic accidents involving people travelling in the course of their work, which are covered by road traffic legislation; accidents reportable under separate merchant shipping, civil aviation and air navigation legislation; accidents to members of the armed forces; and fatal injuries to the self-employed arising out of accidents at premises which the injured person either owns or occupies.
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Posted By Jack
So to summarise:
NO!!
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Posted By Steve Langston
Road Traffic accidents are not normally reportable under RIDDOR UNLESS it was caused by a specific work activity: examples would include - shedding of loads causing traffic accidents, caused by diver tiredness due to excessive hours, caused while driver was on a hand held mobile phone for work puposes etc.
Where the police believe a work activity contributed to the accident they would (should) notify the HSE/Local Authority and it would be decided between themselves who had the better legislation to take action.
Should the Police notify the HSE (and the employer does not) the HSE may take action against the employer for non-notification - i.e £5000 fine for breach of the Regs.
Hope this helps
Regards
Steve (ex-enforcement officer)
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Posted By Teresa Kirkby
Where does RIDDOR require reporting of road accidents relating to tiredness of driver or use of mobile phone?
I have read Regulation 10 of RIDDOR and the associated guidance and can find no reference.
I agree that these actions may result in prosecution by the HSE but that is different to the requirement to report.
The only reference I can find is to exposure from substances, loading or unloading or the result of activities on or alongside a road or involving a train.
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Posted By Stuart C
Not RIDDOR reportable but as already pointed out this does not necessarily mean that the Act doesn't apply.
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Posted By Steve Langston
Teresa,
I agree with what you say about Reg 10. However from my perspective the enforcement policy of the HSE (in relation to road traffic accidents) is that:
"Where safety cannot be adequetly regulated by the enforcement of other more specific legislation, such as the Road Traffic Act and Motor Vehicles (Construction and Use) Regulations, there MAY be a need to use health and safety legislation, particularly in the cases of serious management shortcomings, eg failure to check driving licence validity or encouragement of the use of hand held mobile phones whilst driving".
"where a road traffic accident results in an injury that is reportable under RIDDOR and was caused by a management failing then organisations should be encouraged to report the incident under RIDDOR".
This is taken from a HSE Operational Minute (OM 2003/103) version no and date 2: 10/10/2003 and I agree that this is at odds to Reg 10 of RIDDOR.
Also under regulation 2(2)(c) – (Arising out of or in connection with work) implies that accidents involving the public (as in this case) that occur due to the conduct of the undertaking should be reported under RIDDOR.
Hence if the driver was required to work excessive hours by their employer (management failing) and it resulted in the driver falling asleep at the wheel causing a major injury to a member of the public during a delivery of goods (part of their undertaking) then I propose that Riddor COULD apply!
At the end of the day the agreement with the HSE and the Police is that the Police take precedent over all investigations of road traffic accidents. If during the investigation it is found that there is a management failing they would consult with the HSE. The Police would ordinarily have first refusal at prosecution after reffering the case to the CPS.
RTA's are not clear cut. As with any discrepancy with RIDDOR there are a number of options - don't report and risk prosecution (low chance), call the local HSE office for advice (they will probably tell you to report it anyway and they will look at it when it is sent to them), or report it and get a letter back form the HSE saying it is not a reportable incident.
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