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#1 Posted : 09 September 2005 06:10:00(UTC)
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Posted By Rob Malcolm If company (a) contracts company (b) (both having over 5 employees each) & between them they perform a task when suddenly an employee of company (b) is injured, who reports it to the HSE (a) OR (b). Thanks Rob
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#2 Posted : 09 September 2005 06:24:00(UTC)
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Posted By Charley Farley-Trelawney A or B as long as its done.
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#3 Posted : 09 September 2005 06:31:00(UTC)
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Posted By Rob Malcolm Thanks Charley
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#4 Posted : 09 September 2005 08:57:00(UTC)
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Posted By Alan Barthrope Rob, Regulation 3 of RIDDOR states that the "Responsible Person" shall report the dangerous occurrence/injury. Table 1 (Page 11 & 12) of RIDDOR states who this responsible person is. Regards Alan B
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#5 Posted : 09 September 2005 09:44:00(UTC)
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Posted By Arran Linton - Smith B
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#6 Posted : 09 September 2005 11:37:00(UTC)
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Posted By Lynne Ratcliffe Whoever in control where accident happened notifies B and suggests B reports. A checks or reports for B or reports anyway to cover back.
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#7 Posted : 09 September 2005 12:40:00(UTC)
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Posted By J Knight 'B' has to be the shortest post I've ever seen! However, list of responsible persons in RIDDOR notwithstanding, I'd agree with Charley; it doesn't really matter as long as its done. What I would add is Reg 11 MHSW, co-operation and co-ordination; whatever the arrangement is it should be agreed and documented, and shouldn't just happne by default, John
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#8 Posted : 09 September 2005 16:45:00(UTC)
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Posted By Frank Hallett Just to round it off for the pedants - the number of employees is not relevant. Frank Hallett
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#9 Posted : 09 September 2005 19:04:00(UTC)
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Posted By Rob Malcolm Thanks one & all, I'll take B then...............
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#10 Posted : 14 September 2005 07:55:00(UTC)
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Posted By Red Ones B Number of employees IS important, but only if B is self-employed, in which case the answer is A. I always cover this area when at pre-start meeting when contracting B. If B is working at A's premises the question needs to be asked about who is responsible for managing the site. (Site management responsibility could change if the work B is doing is subject to CDM regs, if B is the principal contractor cited on the F10) Be warned it is not unusual for B to sub-contract to C!
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#11 Posted : 14 September 2005 10:12:00(UTC)
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Posted By Andrew Campbell Under common law the duty of care is fundementaly owed by B as the employer. Therefore I would assume that the responsibility under RIDDOR would be his.
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#12 Posted : 14 September 2005 10:47:00(UTC)
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Posted By James M agree with above. The employer has a duty to report the accident.
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#13 Posted : 14 September 2005 11:02:00(UTC)
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Posted By Brian Jones Be careful, as we've been deceived in the past. We got a nice copy of the RIDDOR report, but discovered a few months later, due to visit from the HSE, prompted by an insurance claim that the responsible company had not actually reported the incident.
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#14 Posted : 14 September 2005 12:54:00(UTC)
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Posted By Robert K Lewis I see this has wandered into the trustworthiness of information supplied. If the report is done by telephone, which is increasingly common, only the person making the report can access a copy at a later date. In strict terms (a) has no power to require a copy of the F2508 from (b) other than through contract clauses and these can be notoriously difficult to enforce at times. The requirements of DPA may also mean that an employee's consent may be required for disclosure and the employee may be elsewhere in the country with a.n.other employer. Thus whilst there is no duty the "major" or controling organisation might find it advatageous to undertake the reporting provided that they can access the relevant information. Bob
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#15 Posted : 14 September 2005 20:35:00(UTC)
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Posted By Rob Malcolm Let’s mix this up a little. I will expand on this one: If (a) is contracted by (c) to perform a task on the property of (b) where (b) is the principle contractor & the same scenario applies i.e. (b) is injured while performing a joint task with (a)........... who would report it? I feel that it would be down to (b) being the principle contractor and that it's their employee who they owe a duty of care to anyway. Are we all in agreement with that one!?
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