Posted By Jason McQueen I forgot to add (I wish there was an 'edit thread option)... My understanding for the delivery drivers is that they would fall under Reg 2 sec 26 as mobile employees and so their direct employer would be responsible regardless of where the accident occured. However, how would this been seen if the worker worked for a principle contractor on a building site (note not a sub contractor) would it be the site owner or the principle contractors responsibility?

Posted By Jason McQueen Well, thats along the same thoughts I had. It was the poster who says they've been advised by the HSE that its the employment agency who should report thats thrown me.

Posted By Martyn Hendrie I would beg to differ. My understanding is that under RIDDOR if a person is at work when they sustain a reportable accident it is THEIR employer who has the legal duty to report it to the HSE. In the case of a travelling worker e.g. delivery driver, the person controlling the premises may have to provide the employer with some of the details so that the employer can report. Only if the person who is injured is not at work (in this sense not on the premises for business purposes) would the requirements relating to members of the public be applicable. In the case of the construction site the CDM regulations place a duty on each contractor to tell the Principal Contractor of any reportable accidents their emplyees have had. It is not automatically the PC's role to notify the HSE.

Posted By Heather Aston I was the original poster that Jason refers to. This sitaution - with an agency worker- arose on one of our sites. We investigated the accident and then passed the info on to the agency (the person's employer) to report the accident to HSE. This is exactly what we would do (in fact have done several times) for a contract worker. It does not remove in any way our responsibility for those individuals H&S while they are on our sites. Neither the agency concerned in this example nor contractors in previous ones have had any problem with doing the reporting. In some cases they have - at our invitation - sent their own staff in to see what happened, in others (the agency for example) they have simply spoken to us on the phone and used our investigation. Several months ago, I was talking to an HSE inspector at a meeting and asked him for his what he thought. He agreed that what we were doing was correct in his opinion. I don't think you can take this as definitive HSE policy! I think the main thing is that SOMEONE reports the accident. If the agency or the contractor had refused to do so, I would have made sure that we reported it for them. We also probably would have seriously reconsidered whether we wanted to continue to do business with such an organisation. Of course the most important thing of all is to investigate and to carry out any necessary corrective actions to make sure the accident doesn't happen again. I would only report an accident to a non-employee in the first instance if it was a member of the public taken to hospital or a self-employed person who was too badly injured to report for themselves. Hope this helps Heather

Posted By Lisa Eldridge My understanding is that if the IP is on your premises and is injured due to your workplace then it is your responsibility to report.