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#1 Posted : 03 January 2008 07:47:00(UTC)
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Posted By Taff2 Discussion in pub last night.... Professional footballer (any level) gets injured during game / training & deemed unfit to play for club / country etc. at next match - do the clubs / country report these injuries under RIDDOR? (serious injury or >3days restricted work) Did the FA, or Newcastle report the injury to Michael Owen in the last world cup? If neither, has the HSE prosecuted FA/Newcastle for breach of RIDDOR requirements?
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#2 Posted : 03 January 2008 08:33:00(UTC)
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Posted By Stephen D. Clarke As I understand it a professional sports injury is classed as consensual violence and therefore not required to be reported under RIDDOR. I think its hidden away in the RIDDOR guidance. I guess a deliberate injury such as an aggressive two-footed challenge in football would be a grey area; but fisti-cuffs if the severity of the injury applies should be reported.
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#3 Posted : 03 January 2008 08:36:00(UTC)
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Posted By Brian Hagyard Taff2. Not a great football Taff2, but if you look at the guidance on reporting injuries from "Violence" then the violence has to be non-consensual "an injury suffered by a professional sportsperson as a result of heavy physical contact during the normal course of a game would not be an accident for the purpose of these regulations" (Quote from L73 Guide to RIDDOR) so if the injuries you refer to were due to tackles then not reportable. I believe that there have been some recent cases of compensation where tackles are deemed to be such sever fouls then they constitute an assault. Sports clubs (including Professional Football Clubs) also fall to the LA for enforcement not the HSE. Brian
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#4 Posted : 03 January 2008 08:37:00(UTC)
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Posted By Brian Hagyard Stephen You were obviously quicker off the mark than me is that One Nill or One All? Brian
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#5 Posted : 03 January 2008 09:04:00(UTC)
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Posted By Taff2 Brian. Since this is a discussion forum: 1. I'd agree that sporting injuries caused by "violence" may be deemed consensual - would this also apply to on-duty police officers / fire officers / others who interface with the public e.g. bouncers (door-persons) and are expected to encounter violent conduct? 2. The Michael Owen world cup incident was not due to violence - no one was within 5 yards of him. Therefore, this would be reportable, surely? Does the manager in each case carryout an incident investigation & after deducing the direct cause of the incident - then decide whether to report the injury (violence is out - what about slips, trips, falls, repetitive strain?) Thanks for the info regarding sports clubs (including Professional Football Clubs) falling under the LA for enforcement not the HSE - the query remains - have any clubs have been prosecuted for not reporting a RIDDOR case? / unsafe acts / conditions / lack of management etc. T2
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#6 Posted : 03 January 2008 09:45:00(UTC)
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Posted By Brian Hagyard Taff. I believe most LA's would extend the non reporting to any injury "on the pitch". A number of years ago I worked for an LA who had a football club in the town (premiership briefly no names mentioned) and I know they were instructed not to reports accidents on the pitch. Any injuries elsewhere in the club (stands changing rooms offices etc) were reported and investigated via normal RIDDOR procedures. I am not aware of any club being prosecuted for none reporting of an injury which occurred on the field of play. I understand where you are coming from in terms of reporting, and yet again I think it demonstrates that RIDDOR is not the clearest piece of legislation ever written and still confuse us all, practitioners and enforcers alike. Brian.
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#7 Posted : 03 January 2008 13:04:00(UTC)
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Posted By Pete Longworth I'm not sure about this and if I'm wrong no doubt someone will tell me but didn't Michael Owen's injury happen in Germany? That being the case wouldn't it fall under any German legislative requirements if they exist to cover this situation?
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#8 Posted : 03 January 2008 14:47:00(UTC)
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Posted By Dave Wilson Were Engerland actually playing football at the time? Suggest not so Could this not also be an offence under the Trades Description Act?
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