Posted By AJM I was just wondering for my own peace on mind really what peoples interpretation of the following scenario is; In this day and age we are having more and more agency staff. if an agency worker has an accident on site we would all do the normal investigation etc but. Who is responsible for reporting the RIDDOR. As in who would be culpable should it not be reported and a prosecution ensued. Also on the filling in of the RIDDOR it asks are they one of your employees or employed by someone else or self employed and at work. Which one would apply or do different ones apply all the time. The thing that makes me ponder on this issue is the agency pay the workers so I was of the understanding that means something. Obviously all safety regulations still apply but I wondered what difference the fact that they are paid directly by the agency makes. It would be interesting to hear from other fellow safety professionals who deal with agencies to see what there procedures are as the couple I have spoke to operate differently. Thanks in advance for your views. Alan

Posted By Alan Hoskins Hi Alan, I don't think it matters who the employer is under RIDDOR - you only have to be in control of the premises - that's why the question you refer to is on the form I suspect. If 'someone' is injured as a result of a failure within your undertaking then you would need to report it. Having said that, I'm not quite so confident regarding over three day lost time reporting... Alan

Posted By Gilles27 Hi folks, as far as I am concerned anybody can report RIDDOR, so provided somebody does that is all that matters. For my part I report the riddor, copy to agency. Next question following the 'who does it?' thread may of course be - 'Whose accident book does it go in?' Loss events and dang occurcs are there to learn from? Although I do corporate (internal)H&S I sit based in a local authority Env Health office and they often get multiple F2508s from different people about the same incident. Cheers.

Posted By Tracy W The employer should report a reportable incident and/or 3 day illness and that would be the person who pays the individual. The controller of the building should note the incident in their accident book and investigate to identify root cause and future preventative measures sending a copy of its findings to the agency for their information and support the reporting requirement. Also they need to identify any preventative action falling to their responsibility for the building/task and highlight those of the employer related to their provision of staff and expected comptency training that individual was hired for. If the controller of the building or hirer has any doubt they can report it too. Who is culpable depends upon the circumstances of the contract and type of work as well as who has "control" over the works and what caused the incident. Majority of time there could be a split responsibility and both would have some culpability. It is however all to do with who has the control over person/task/environment. An example of where the hirer was not held culpable and the agency held the vicarious liability is set in case law - Mersey Docks & Harbour Board v Coggins & Griffiths. However it will never be black and white and I hope I haven't gone over board.

Posted By Pete Stewart Depends on how the 'agency' person is classified. Some are agency staff, whilst others are 'self-employed' although both are paid by the agency. With agency staff, the agency should report with the self-employed (sole trader?) the premises controller should report. Both should neter into their own accident reporting systems.