Posted By Dave22
Opinions Please

Is an accident reportable under RIDDOR if an employee is injured in an RTA in an company or private car whilst on company business? usual 3 day absence and major injuy rules apply of course

Posted By Martyn Astey
Generally RTAs are not reportable under RIDDOR, company car use or not. This is taken from a HSE document.......

The Reporting of Injuries Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) reg.10(2) places restrictions on the general reporting requirements in relation to accidents involving moving vehicles on roads, as defined in the Road Traffic Act 1988, s.192, that is to say a road to which the public has access. Accidents arising from the movement of a vehicle on the road do not need to be reported unless they involve or are connected with:
1 exposure to a substance being conveyed by road;
2 loading and unloading of an article or substance (not passengers) onto or off a vehicle;
3 construction, demolition, alteration, repair or maintenance activities on or alongside public roads; and
4 an accident involving a train.

Posted By Jay Joshi
The HSE Guidance to Regulation 10(Restrictions on the application of regulations 3, 4 and 5) of RIDDOR is that:-

Regulations 3 (Notification and reporting of injuries and dangerous occurrences)
and Regulation 4 (Reporting of the death of an employee) do not apply to accidents involving vehicles moving on public roads unless they involve or are connected with:

(a) exposure to any substance being conveyed by road;

(b) vehicle loading and unloading activities such as those performed by refuse collectors, brewery delivery workers, furniture removers, etc;

(c) the specified construction, demolition, alteration, repair or maintenance activities on or alongside public roads; or

(d) an accident involving a train where a person is killed or injured


Therefore a "simple" RTA, even if it is a fatality, not involving (a) to (c) above is not RIDDOR reportable.

It is possible that the police will follow up any fatality on road.

Refer to :-

http://www.hse.gov.uk/roadsafety/index.htm



I very much doubt that there will be changes to RIDDOR, and specifically whether RTA's for work related trips will be included.

Refer to:-

Minutes of a meeting of the Health and Safety Commission held on 25 July 2006

http://www.hse.gov.uk/ab...ngs/2006/050906/cm07.pdf

Extract:-
The Commission agreed that there should be no change to the current regulations but that communication and process improvements should be pursued.

HSE Paper to HSC on 25 July 2006
i.e.Review of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 - Progress and Strategic Steer

http://www.hse.gov.uk/ab...ings/2006/250706/c40.pdf

Para 16:-
The RIDDOR Review Discussion exercise floated the specific issue of making work-related road traffic incidents RIDDOR reportable, and responses suggested real-world demand for such a requirement, primarily to signal the importance of the issue. Since the end of 2005 however, we have been engaged with DfT in a programme of work designed to raise awareness of employers’ (and employees’) responsibilities in relation to safe driving. One element of this was to agree new guidance with the police to reinforce a mechanism whereby the police provide us with information on accidents where there is reason to suspect that failures in health and safety management were a significant causal factor.
IN VIEW OF THESE CONSIDERATIONS AND THE REVIEW’S OBJECTIVES, WE ADVISE THE COMMISSION TO AGREE THAT ANY CONSULTATION DOCUMENT SHOULD MAKE THE CASE AGAINST INCLUDING A REQUIREMENT TO REPORT ON WORK-RELATED ROAD TRAFFIC INCIDENTS

RIDDOR Review Proposed Change Options:-
http://www.hse.gov.uk/ab...ngs/2006/250706/c40c.pdf

Posted By Paul Leadbetter
Could HSE's reluctance to engage with this subject be anything to do with their impending reduction in numbers? See thread: http://www.iosh.co.uk/in...um=1&thread=24557&page=1

Paul

Posted By Sean Warburton
Good points Robert, but i don't agree. We as employers have stringent training procedures for Machine operators, but hand over the keys of machines weighing tonnes with little or no training. The fact that only Occupational Cancer is responsible for more work related deaths shows that employers should be taking more responsibility. But it is only my opinion, so we'll agree to disagree :)

Posted By Safetynut
i understand that in the opinion of the police that the accident was a result of a faulty vehicle i.e poor maintenance or suspect that the driver suffered some kind of fatigue from say excessive driving hours or disqualified from driving unbeknown to the employer- then they may inform the HSE who would carry out their own investigation which may lead them to poor fleet management/driving policies, inadequate risk assessment etc.

Under current legislation, companies and managers are responsible not only for the fitness and suitability of their company vehicles but also that of the men and women who drive them.

In the event of an accident during a business trip, if the employee is found to be at fault, his or her company can be held liable and could face civil and even criminal prosecution. That means the possibility of significant fines or even custodial sentences for company directors."


After an employee was arrested for drink driving over a Christmas period (last Christmas), a case was brought against a Managing Director. The employee had failed to report to his employer that he was already disqualified from an earlier conviction and had continued to drive until stopped by the Police. who then informed the HSE.