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JohnCFisher  
#1 Posted : 29 June 2010 14:49:32(UTC)
Rank: New forum user
JohnCFisher

During a lunchtime rounders match a colleague slips and injures himself requiring 4 days off work. Is this a LTA/RIDDOR reportable? Does the fact we have paid lunch breaks & he was representing the company affect the answer? BTW - the sports field was not part of our company premises!!!!!
bob youel  
#2 Posted : 29 June 2010 15:07:37(UTC)
Rank: Super forum user
bob youel

Does the fact we have paid lunch breaks & he was representing the company affect the answer?= Yes in my opinion as the employer is 'gaining' from the situation so they have a liability for that 'gain' and that liability probably goes towards completing a RIDDOR as it could be argued [losely] that it was a work activity - A RIDDOR will not hurt in that case but to get the best advice ring the HSE A civil case may result as he was hurt when he was doing something on behalf of the company
firesafety101  
#3 Posted : 29 June 2010 15:26:09(UTC)
Rank: Super forum user
firesafety101

I wonder if that employee was "at work" was there a suitable and sufficient risk assessment. Is the employee covered by the employer's insurance? Did the rounders team have another lunch break if they were at work while playing rounders? Questions questions etc. etc.
jay  
#4 Posted : 29 June 2010 17:33:00(UTC)
Rank: Super forum user
jay

I doubt it is work related in context of RIDDOR. The key question, even if "representing the company" in the rounders match is whether it was voluntary on part of the employee to participate or was it compulsory? How I wish we had the USA OSHA style regulations/rules for RIDDOR,, i.e. more prescrptive criteria! Then we would not have such grey areas reference below:- 1904.5(b)(2) Are there situations where an injury or illness occurs in the work environment and is not considered work-related? Yes, an injury or illness occurring in the work environment that falls under one of the following exceptions is not work-related, and therefore is not recordable. 1904.5(b)(2) You are not required to record injuries and illnesses if . . . (iii) The injury or illness results solely from voluntary participation in a wellness program or in a medical, fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class, racquetball, or baseball Source:- http://www.osha.gov/pls/...=STANDARDS&p_id=9636
Twinklemel  
#5 Posted : 30 June 2010 09:31:01(UTC)
Rank: Forum user
Twinklemel

John, we wouldn't be able to say if it's an LTA or not, as that would be down to how your company records these. As far as RIDDOR's concerned, I would not consider it to be RIDDOR reportable, as the individual was clearly not "at work" at the time of the incident. If a RIDDOR report for this incident landed on my desk (I'm an LA authorised officer) I'd tear it up and throw it in the bin!
firesafety101  
#6 Posted : 30 June 2010 09:41:24(UTC)
Rank: Super forum user
firesafety101

Twinklemel wrote:
John, we wouldn't be able to say if it's an LTA or not, as that would be down to how your company records these. As far as RIDDOR's concerned, I would not consider it to be RIDDOR reportable, as the individual was clearly not "at work" at the time of the incident. If a RIDDOR report for this incident landed on my desk (I'm an LA authorised officer) I'd tear it up and throw it in the bin!
Can you do that :-( I mean throw it in the bin, surely some guidance feedback is required? No wonder the authorities have such a bad name!
frankc  
#7 Posted : 30 June 2010 10:18:56(UTC)
Rank: Super forum user
frankc

ChrisBurns wrote:
Twinklemel wrote:
John, we wouldn't be able to say if it's an LTA or not, as that would be down to how your company records these. As far as RIDDOR's concerned, I would not consider it to be RIDDOR reportable, as the individual was clearly not "at work" at the time of the incident. If a RIDDOR report for this incident landed on my desk (I'm an LA authorised officer) I'd tear it up and throw it in the bin!
Can you do that :-( I mean throw it in the bin
Well spotted, Chris. The report should be placed carefully in a shredder.
firesafety101  
#8 Posted : 30 June 2010 10:34:58(UTC)
Rank: Super forum user
firesafety101

ha ha - can't you see that without feedback the person reporting the injury would think they have done the right thing and do it again? Twinklemel would have more time wasted and the bin would get more waste for the already over full waste management people etc. etc. Better to stop the reports in the first place - prevention at source.
frankc  
#9 Posted : 30 June 2010 11:21:13(UTC)
Rank: Super forum user
frankc

I agree Chris. Excuse my frivolity.
Twinklemel  
#10 Posted : 30 June 2010 11:48:57(UTC)
Rank: Forum user
Twinklemel

Well, ChrisBurns and frankc, you've given me a giggle, but onto the matter in hand...... Yep, I can throw it in the bin, but of course I'd put it into our secure shredding bin and avoid using a shredder myself, as they are terribly dangerous, you know. ;-) Actually, I'm wrong again, because I wouldn't print it out in the first place - I'd just hit delete! Agree that it would be better to stop the report being made in the first place, but unfortunately some of the reports taken by the ICC are laughable. Probably comes down partly to training of the people on the other end of the phone at the ICC, but also to the guidance in the RIDDOR leaflet and employers' understanding of the Regs as they are most likely reporting online. I can't claim to know the decision-making process behind it, but our standard procedures and Enforcement Policy do not include instructions for enforcement officers to speak directly to employers and explain to them why they should not have submitted RIDDOR reports in the event that they have wrongly reported. However, chances are that I would raise it at the next visit. But hey, thanks to ChrisBurns for the vote of confidence: "No wonder the authorities have such a bad name! ". I'm afraid I've got 15 LPG installation inspections to do in the forthcoming weeks on top of accident investigations and programmed inspections, so I don't really have the time to phone back people who report rounders injuries!
Paul Duell  
#11 Posted : 30 June 2010 13:00:01(UTC)
Rank: Forum user
Paul Duell

Got to say I'm with TwinkleMel on this one. Educating employers in keeping their workers safe = fewer accidents. Educating employers in filling in RIDDOR forms does not = fewer accidents. Which should our HSE authorities be doing? OK, I know the answer in a perfect world would be "both", but enforcement officer time is restricted and likely to be come more so. It's nice to see an enforcement officer shares my view of the ICC, but in fairness, they're a bunch of workers in a call centre, not (I suspect) H&S professionals. RIDDOR enquiries on this forum often get a reply of "Report it just in case", so why should we expect ICC to be giving any better advice. Back to the original query, although I think it's been answered already - if "playing rounders at lunchtime" is (implicitly or specifically) in the IP's job description, it's reportable. Otherwise, probably not.
firesafety101  
#12 Posted : 30 June 2010 14:16:46(UTC)
Rank: Super forum user
firesafety101

So if the scenario goes to a claim for compensation and the statements include mention of the report under RIDDOR where does that leave anybody if there has been no feedback to suggest the report has not been accepted as a reported accident.
Paul Duell  
#13 Posted : 30 June 2010 14:53:00(UTC)
Rank: Forum user
Paul Duell

If the report was submitted to ICC, there will be an ICC receipt detailing what was reported (at least they used to do that - I haven't had a RIDDOR to report for quite a while). Presumably there will also be a record at ICC. HSE may not have taken any action on the report, but the person claiming they reported it will be able to prove that it's true as far as they're concerned. And incidentally before anyone comes back on my comment two posts ago - there are a number of circumstances where it would be reportable, such as 1) If playing rounders was part of the person's job, e.g. a youth sports worker 2) If the injury was caused by a failure of equipment provided by the employer (e.g. rounders bat broke) 3) If the injury was caused by ground conditions resulting from someone's work (e.g. a slippery patch on the grass caused by poor groundskeeping) But if it's just the straightforward sports injury that it appears to be, not reportable!
Twinklemel  
#14 Posted : 01 July 2010 08:59:50(UTC)
Rank: Forum user
Twinklemel

ChrisBurns, we use something called Incident Selection Criteria, which we apply to each RIDDOR report received. We complete that to show the reasons why we haven't selected that report for investigation. It's signed by me and my line manager and goes into the premises file. If, at a later stage, I'm asked for information on that report by, say, the injured party or a solicitor, I can produce that to show them that it wasn't investigated and I can explain why. Given the amount of wrongly reported accidents that arrive on my desk, there isn't actually a huge problem with people mis-reporting.
firesafety101  
#15 Posted : 01 July 2010 09:29:57(UTC)
Rank: Super forum user
firesafety101

Thanks for the explanation, at least I now know that any report I make will not be just thrown in the bin without any record being made, as you first intimated.
cres  
#16 Posted : 01 July 2010 12:47:52(UTC)
Rank: Forum user
cres

If you need confirmation just give the riddor help line a call explain the situation and they will tell you if it is reportable or not. Thats what i did recently they were really helpful and then at least you can have peice of mind that your following the right course of action. cres
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