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#1 Posted : 09 November 2006 12:17:00(UTC)
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Posted By Anwar Afzal A member of staff whose duty is to drive a minibus for the company, comes into the office and demonstrates to other staff how he was pushed earlier in the park and falls over in the office but has no apparent injury at the time but on latent inspection the same day at the hospital and has a small fracture in his hand and is given a sick note for 4 - 6 weeks off work. Is this reportable when the injury was not work related?
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#2 Posted : 09 November 2006 12:24:00(UTC)
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Posted By Dave Wilson NO!
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#3 Posted : 09 November 2006 12:25:00(UTC)
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Posted By C Kent Yes definitely if it happened in the workplace due to slippery flooring.
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#4 Posted : 09 November 2006 12:28:00(UTC)
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Posted By Anwar Afzal It did not happen because of slippery floor but because the man lost his balance.
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#5 Posted : 09 November 2006 12:43:00(UTC)
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Posted By Paul Devlin So by the tone of the post because he wasn't actually driving the mini bus at the time then he wasn't "working"? In my opinion reportable since he was "at work". The reasons behind the accident will only come into play in the case of litigation. There's no point in just saying no as many other people on here are fond of saying if in doubt report but I don't see the doubt in this case. I wonder how much under reporting there is by some of the replies in the forums to this kind of question? Next some of the professionals on the forum will be claiming that someone who is performing someone elses job (which happens a lot) wont be covered because they weren't carrying out their own job? Common sense should prevail people.
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#6 Posted : 09 November 2006 13:04:00(UTC)
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Posted By C Kent Did he lose it on work's premises? Did anyone find it again? It might be worth reporting it as lost.
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#7 Posted : 09 November 2006 13:15:00(UTC)
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Posted By Manny Paul, please be aware that not all the answers given come from "professionals" infact some of the answers given are even taking off the post (see all answers given by Superman) I concur if unsure report the accident. Manny
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#8 Posted : 09 November 2006 13:17:00(UTC)
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Posted By C Kent Just ask the people at RIDDOR. That is what they sit by their big red phone waiting for
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#9 Posted : 09 November 2006 13:21:00(UTC)
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Posted By RBW Definitely check with Riddor. It is a grey area in most cases.
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#10 Posted : 09 November 2006 13:33:00(UTC)
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Posted By Adrian Clifton Anwar Most deinitely, YES. He may not have been performing his normal duties, but because he was on the company premises he is at work. L73 (A Guide to RIDDOR) Regulation 3 (2) covers this. Page 16 of L73, Paragraph 56 which gives guidance states; Regulation 3 (2) only applies to injuries resulting from accidents to people who are AT WORK and to injuries which are not reportable under Regulation 3 (1). Note: this does not say "people working". To those that think the answer to the original question is NO, I would recommend you obtain a copy of L73 and read it THOROUGHLY! Adrian
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#11 Posted : 09 November 2006 13:48:00(UTC)
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Posted By JD Chalmers Have to disagree the "place" is not the issue it did not happen "out of or in connection with work" Unless it happened when he was actually pushed in the Car Park in which case it could be reportable as non consensual violence. If he was injured whilst relaying an anecdote to his colleagues then it does not meet any of the criteria for determining "out of or in connection with work" which are; 'the manner of conducting an undertaking'. This refers to the way in which any work activity is being carried out for the purposes of an undertaking, including how it is organised, supervised or performed by an employer or any of their employees, or by a selfemployed person; for example: boxes spread across a walkway cause someone trying to get around them to be injured. • 'the plant or substances used for the purposes of the undertaking'. This includes, for example: lifts; air conditioning plant; any machinery, equipment or appliance; gas installations; and substances used in connection with the premises or with processes carried on there. One example would be somebody who enters a lift and trips and falls because the lift had not stopped level with the floor. • 'the condition of the premises used by the undertaking or of any part of them'. This includes the state of the structure or fabric of a building or outside area forming part of the premises and the state and design of floors, paving, stairs, lighting etc; for example, a building is being refurbished and a temporary wall collapses, injuring a passer-by. From a thoroughly read copy of L73.
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#12 Posted : 09 November 2006 14:19:00(UTC)
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Posted By David Bannister Yet another posting asking whether an incident is RODDOR-reportable. Why bother clogging up this forum with silly made-up (probably) scenarios. Report if in doubt. The Receiving Centre will soon let you know if you're incorrect.
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#13 Posted : 09 November 2006 14:20:00(UTC)
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Posted By David Bannister or even RIDDOR
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#14 Posted : 09 November 2006 21:19:00(UTC)
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Posted By Anwar Afzal I tend to agree with JD Chalmers view, and that is on the basis that there was no problem with the workplace, or equipment it was pure horseplay showing how an earlier incident occured and in the process causing yourself an injury. The question also arises as to where the injury really occured? in the park or in the office environment or even elsewhere? In response to a comment that not another RIDDOR thread!!!!! All i have to say is that look at an accident scenario, it may be an injury but the causation are never the same and that is why they get investigated, and this thread is a genuine matter not a made up one but i am of theory that report only when you are satisfied it is meant to be reported and aviod creating extra work for others. An incident was reported recently which created substanial investigating time and resources for the company and the local EHO, only to discover it was not reportable and there was an error of a man falling down 40ft hole when it should have read a 4ft hole.
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#15 Posted : 10 November 2006 01:07:00(UTC)
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Posted By Saracen11 Hi Anwar, 40ft hole - 4ft hole. Was the latter was not investigated... if not, why not? As for the original scenario you posted... I'd say you have to report but only because it was on your premises, as a result of horseplay. I'd make this crystal clear on the F2508. Regards
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#16 Posted : 10 November 2006 09:19:00(UTC)
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Posted By Tabs Of course report it. Write on the report what happened. Write in your notes what happened. Say what happened when the reportable appears on your reports to management... RIDDOR is not about going to see the headmaster, it is about informing people.
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#17 Posted : 10 November 2006 09:42:00(UTC)
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Posted By Descarte If only we all lived in a world where accident stats didnt mean anything to the company and were not shown in tenders and didnt have a detrimental effect on whether you get contracts and eventually effect the scale of your operations and even workforce. Even if you are in a company with 1000 employess 1 accident can seriously threaten your reputation in certain industries, now multiple that by 10 if you only have 100 employees and 1 accident or heaven forbid 2 would mean that due to your LTI rate no one would touch you with a barge pole. Sorry rant over, just that for some reporting a RIDDOR reportable isnt a big issue, report away whats the worst that can happen, though for others it could mean no turkey for Tiny Tim this year. In my past life as a safety officer for a large police force we would have up to a reportable a week! if you were in doubt you would just report it. Very industry specific
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#18 Posted : 10 November 2006 14:22:00(UTC)
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Posted By waiks If this was horseplay and falling over was not due to the conditions of the workplace or connected to work activities I would say do not report. I had a similar case and when I asked the RIDDOR hotline they said that horseplay was not reportable but it was up to you if you wanted to report it anyway. Clear as mud. So I didn't report it as they didn't give me any reason to but I did a full investigation as I would if it was.
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#19 Posted : 10 November 2006 14:59:00(UTC)
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Posted By J Knight Agree with JD Chalmers; out of or in connection with work. The one caveat is that the state of the floor may have contributed to his fall. Anwar; is your statement that the floor didn't contribute to the accident an assumption or is it based on investigation? If the former, then carry out the latter; if the latter then we can be confident that the incident did not arise out of or in connection with, John
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#20 Posted : 10 November 2006 19:38:00(UTC)
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Posted By John Murgatroyd So, if you don't report it and it is the subject of a claim, what is the likely result of that ? What are they fining people now for not reporting accidents ? And aren't "slips and trips" treated with importance because of the amount causing injuries each year ? But maybe your biz cannot afford any investigations ?
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#21 Posted : 10 November 2006 20:25:00(UTC)
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Posted By Anwar Afzal I have carried out the investigation and confirmed it was pure horseplay that caused the accident and not the office carpet. I will keep the report on file and in the event of a claim use the report findings as a defence. Thank you all for your contributions and it is nice to so the various types of opinions.
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