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Clairel  
#1 Posted : 09 August 2010 10:12:02(UTC)
Rank: Super forum user
Clairel

I cannot believe that I am asking a RIDDOR question!! Child taken from public area to hopsital due to a fall on stairs. Reportable if arising out of or in connection with our work activities but the mother said at the time it was the kids fault for missing the step and falling. Steps were ok, dry, edged etc. So do I report as it would seem it was nothing to do with a fault with our premises? Not interested in responses along the lines of 'report anyway'. Would like more reasoned reponses preferable some with experience.
neilrimmer  
#2 Posted : 09 August 2010 10:17:24(UTC)
Rank: Forum user
neilrimmer

Hi Clairel, Not reportable from the information you have given, We manage retail properties so people falling down stairs etc is a common occurrance, unless there is evidence of a spillage, trip hazards or damage to steps etc which may have caused the fall then it is not reportable.
goose  
#3 Posted : 09 August 2010 10:48:28(UTC)
Rank: Guest
Guest

Agree with Neil. I too deal with a number of retail premises, if no issue's with steps then not reportable. Goose.
xRockape  
#4 Posted : 09 August 2010 11:02:30(UTC)
Rank: Forum user
xRockape

I would report it especially in to days “claims are us society”. The mother may say one thing to you and another to the investigating officer if she makes a complaint. Sorry if this sounds like a “report it any way” answer
barnaby  
#5 Posted : 09 August 2010 11:14:35(UTC)
Rank: Guest
Guest

xRockape wrote:
I would report it especially in to days “claims are us society”. The mother may say one thing to you and another to the investigating officer if she makes a complaint. Sorry if this sounds like a “report it any way” answer
It does. Don't report unless it's a result of a premises defect or poor supervision. So what, if a complaint is made, the investigation will be sufficient evidence for the decision not to report.
neilrimmer  
#6 Posted : 09 August 2010 11:40:44(UTC)
Rank: Forum user
neilrimmer

xrockape, If its not reportable then its not reportable, I don't feel the 'report it just incase mentality' does us, as a profession any favours. If your investigation determines that there are no hazards that have caused the fall then it is not reportable. If a claim is made then that is a seperate issue and as long as a full investigation has been carried out there will not be any problems.
xRockape  
#7 Posted : 09 August 2010 12:09:13(UTC)
Rank: Forum user
xRockape

Sorry to disagree with the two posts above but: Riddor states “any person not at work suffers an injury as a result of an accident arising out of or in connection with work and that person is taken from the site of the accident to a hospital for treatment in respect of that injury” This would appear to be reportable to me, the investigating officer can decide to look into the accident or not. That is not your call.
Canopener  
#8 Posted : 09 August 2010 12:19:43(UTC)
Rank: Super forum user
Canopener

Yes, an interesting approach to take. If it is reportable then report, if it isn’t then please don’t report anyway on the basis of a “claims are us society”, arguably that kind of an approach may actually be prejudicial to a claim! Now back to Claire’s question. I suggest not reportable if your investigation has not revealed anything wrong with the stairs/steps etc. Let’s face it; people fall up and down steps very often for no obviously identifiable/ particular reason. (I am sure that will be challenged)
neilrimmer  
#9 Posted : 09 August 2010 12:45:53(UTC)
Rank: Forum user
neilrimmer

“any person not at work suffers an injury as a result of an accident arising out of or in connection with work and that person is taken from the site of the accident to a hospital for treatment in respect of that injury” arising out of or in connection with work.... so how does falling down some steps that are not defective and no spillages etc are present fit in to this? Anyway as I said before I have had to deal with several similar incidents, one almost identical to the OP's and I have had it confirmed at the time by the ICC that they were not reportable. Also a good point to remember for everyone is that if you are ever unsure, you can phone the ICC and they will tell you if its reportable or not
PhilD  
#10 Posted : 09 August 2010 13:17:55(UTC)
Rank: New forum user
PhilD

1st time post,I don't know if i'm hi jacking this thread but I've a riddor related question we've a member of staff who was involved in a road traffic accident during work time, phoned in to say was she was fine, left to go on holiday, then when she was due back banged in a sick note claiming she was sick during her holiday period due to the accident, this means that the accident would be over the three days. I've had a read through some of the guidance relating to RIDDOR and RTA and i'm unsure how to read it. The member of staff was off work for more than 3 working days as the result of the accident is it reportable ?
Zyggy  
#11 Posted : 09 August 2010 13:29:59(UTC)
Rank: Super forum user
Zyggy

Claire, I would say that it is not reportable for the reasons already given. I would also add that whenever I get asked a question re RIDDOR I always ask - why would the enforcing authority want to know, bearing in mind why the legislation was enacted in the first place! phild - RTA's are dealt with by the police, not the HSE.
Clairel  
#12 Posted : 09 August 2010 14:19:57(UTC)
Rank: Super forum user
Clairel

Thanks for the responses. That pretty much was my feeling but thought I'd ask. (phild - as said RTA are not reportable unless working alongside the road)
johnld  
#13 Posted : 09 August 2010 19:18:25(UTC)
Rank: Forum user
johnld

I have had first hand experience of this type of incident. I was very clear in my mind that it was not reportable. However due to the intervention of a third party who insisted it should be reported I contacted a senior HSE inspector who confirmed my view that it was not reportable.
Fletcher  
#14 Posted : 10 August 2010 13:00:03(UTC)
Rank: Super forum user
Fletcher

IMO - as most colleagues - not reportable but I would take photos of the stairs recording time and date just to cover your back. I am sure you have done this already but this advice is aimed at anybody reading who is less experienced than you. Take Care All
DP  
#15 Posted : 10 August 2010 14:10:11(UTC)
Rank: Super forum user
DP

Hiya - for anyone who may be interested I have an old HELA doc providing advice on reportable incidents or in some cases not. It will be of particular interest to anyone in a retail environment - please be advised this is quite old so as ever use caution with content. Let me know if you want it - PM me?
DeeJay  
#16 Posted : 11 August 2010 08:38:09(UTC)
Rank: New forum user
DeeJay

Fletcher has hit the nail on the head. I agree with the "not reportable" view BUT record details on the incident and hold "on file". As well as suitable photos make a brief but concise narrative, that way, if any subsequent action is mentioned/threatened then you have clear, documented evidence which will justify your not reporting it.
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