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#1 Posted : 14 February 2005 10:28:00(UTC)
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Posted By Kenny McGillivray Hi all A member of staff has had an accident on her way to work this morning. do I need to get involved. She does not use her car for work at any time only to and from. Replies would be appreciated as quick as you can Thanks Kenny
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#2 Posted : 14 February 2005 10:44:00(UTC)
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Posted By J Knight No, you are not required to act in any way unless work is involved. Driving at work doesn't include journeys to or from a normal workplace outside the working day apart from any portion of it on roads owned or otherwise managed by the employer, John
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#3 Posted : 14 February 2005 10:46:00(UTC)
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Posted By Roger the Dodger No, if she is on her way to work - she is 'not at work'. Hence this is a civil matter between the relevant parties. Also any criminal element shouldn't be anything to do with your company. If the person is injured, it will not be RIDDOR reportable. Naturally you may show friendly concern.
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#4 Posted : 14 February 2005 11:14:00(UTC)
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Posted By Tom Clark I agree you should show concern and find out as much as possible discreetly - Why? There could be something related which may have effected her work - it is Monday and late drinking could be involved. Is she insured by the company whilst travelling to and from work? Some companies do cover employees for this and they may ask questions later. Hope this helps. Tom
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#5 Posted : 14 February 2005 12:07:00(UTC)
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Posted By Ron Young Kenny, You only need to get involved if the employee was not going to her usual place of work e.g. she was going to a different office, warehouse etc.
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#6 Posted : 14 February 2005 12:16:00(UTC)
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Posted By Robert K Lewis I presume also that the employee is not classed as Home based, if she is then the accident is defined as being at work. A journey to your usual place of work is as others have said is not regarded as being at work for the purposes of reporting
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#7 Posted : 14 February 2005 17:00:00(UTC)
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Posted By Stevie On this subject I came across advice from a reputable source that stated 'a person travelling on company business is deemed to be "at work" so if a sales rep is involved in a car accident on the public highway (and is off more than three days) then this is reportable'. Having read para 93 of 'RIDDOR Explained' I would suggest that such an incident would not be reportable...any comment ??
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#8 Posted : 14 February 2005 17:04:00(UTC)
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Posted By Roger the Dodger While I agree the sales rep would be 'at work', any RTA would not be reportable under RIDDOR. If I remember correctly RTAs are only RIDDOR reportable if it involved the spillage of a load carried by a lorry etc and someone is injured. Regulation 10 of RIDDOR I believe.
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#9 Posted : 14 February 2005 19:38:00(UTC)
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Posted By Stuart Nagle Kenny. I think all the above postings are relevant. Also, there was case recently where an employer was found at fault when a driver had an accident (in a company vehicle mindyou) and the hours they had worked, was regarded as relevant to the cause of the accident. Has the person involved been working long hours, lots of overtime and/or shift work? If so the hours may be seen as relevant in an investigation into an accident, although this type of case has not yet been tested in the courts (so far as I am aware) where the driver was driving their own vehicle.... but just a thought!! Stuart
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