RTA Vs O3D Options  Watch this topic  Print this topic » Normal Threaded

Previous Topic Next Topic

Alex Petrie		#1 Posted : 04 November 2010 15:51:43(UTC)
Rank: Forum user		All, During the course of their journey between their home and a site, an employee is involved in a RTA when a third party collides with his stationary vehicle on a public road. The employee does not require first aid and suffers no ill effects immediately following the accident, however the following day complains of stiffness and nausea. They do not attend work for the next three weekdays, and return to work at the start of the following week. Assuming the third party is uninjured, outline the accident reporting procedures that should be followed for the above incident, including any reporting to the enforcing authority. No, it's not a NEBOSH question (but I am considering it for a ten-pointer!). I think the majority of you will get the thrust of the question. Any suggested answers? Thanks.
User Profile View All Posts by User View Thanks

firesafety101		#2 Posted : 04 November 2010 15:56:26(UTC)
Rank: Super forum user		RIDDOR reportable , also notify the driver's insurance and Police. Sounds like whiplash is on its way, a good masseur will be useful.
User Profile View All Posts by User View Thanks

Safety Smurf		#3 Posted : 04 November 2010 15:56:36(UTC)
Rank: Super forum user		Not the employers responsibility, the employee is travelling between home and work and is therefore, not 'At Work'.
User Profile View All Posts by User View Thanks

jwk		#4 Posted : 04 November 2010 15:57:36(UTC)
Rank: Super forum user		Hi Alex, This is not a RIDDOR, on two counts. One, it is not arising out of work and two, it is an RTA on a pubolic road. I wouldn't include this in my accident reports in-house either. There is case law involving prosecution following a death in an RTA while driving home, but this was actually a prosecution about excessive working days, leading to the driver falling asleep at the wheel, John
User Profile View All Posts by User View Thanks

firesafety101		#5 Posted : 04 November 2010 15:58:53(UTC)
Rank: Super forum user		Sorry I read it as between sites. If at the start of the workday then the first journey is "to work" so not on duy. If however the journey is following a lunch break then it could be at work. Did the IP exchange details with the other driver?
User Profile View All Posts by User View Thanks

bob youel		#6 Posted : 04 November 2010 15:59:20(UTC)
Rank: Super forum user		not RIDDOR why are you asking?
User Profile View All Posts by User View Thanks

firesafety101		#7 Posted : 04 November 2010 16:00:17(UTC)
Rank: Super forum user		Is my first journey to site classed as being at work if my trip is from Wirral to Glasgow?
User Profile View All Posts by User View Thanks

Alex Petrie		#8 Posted : 04 November 2010 16:08:35(UTC)
Rank: Forum user		Wow, that was quick. Thanks for that. Bob, in answer to your question I was asking because this isn't a fictional scenario and I'm not intending to complete an F2508 as it resulted from an RTA. I was looking for confirmation I had called it right - having checked out L73 too.
User Profile View All Posts by User View Thanks

jwk		#9 Posted : 04 November 2010 16:24:16(UTC)
Rank: Super forum user		Just to be quite clear about this; whether the employee is or is not at work (and they are not in this case) is very much a secondary reason for not reporting. The principle reason is that RTAs on public roads are specifically excluded from RIDDOR, and any time off resulting from an RTA would not be reportable, even if the employee was travelling between sites, John
User Profile View All Posts by User View Thanks

SW		#10 Posted : 05 November 2010 09:46:31(UTC)
Rank: Super forum user		As an aside from the RIDDOR issue, if the Employees' normal place of work is Office X but was asked to go and do a site visit at Site Y, would this journey, if he went straight to site from home, be classed as a work journey (As it is not the norm?) Thanks
User Profile View All Posts by User View Thanks

Alex Petrie		#11 Posted : 05 November 2010 09:50:45(UTC)
Rank: Forum user		It doesn't matter SW. As Jwk pointed out incidents involving moving vehicles on public roads are excluded from RIDDOR and therefore non-reportable. Have a look at p33 of L73 (para 95) which covers accidents involving moving vehicles. There are some incidents which are reportable but the scenario I provided above does not fall into them. A
User Profile View All Posts by User View Thanks

Terry556		#12 Posted : 05 November 2010 09:57:21(UTC)
Rank: Super forum user		If he doesent drive a company car, then this is not reportable to RIDDOR
User Profile View All Posts by User View Thanks

Terry556		#13 Posted : 05 November 2010 10:01:09(UTC)
Rank: Super forum user		SW is correct in what he is saying, If a lorry driver has an accident on the highway and is injured it is reportable to RIDDOR, i.e. 24 hour stay in hospital, 3 days off work, he is an employee who is at work
User Profile View All Posts by User View Thanks

Alex Petrie		#14 Posted : 05 November 2010 10:02:28(UTC)
Rank: Forum user		Gents, without getting into a bun fight over what is an what isn't reportable, the scenario I provided above is not reportable. Like I said, there are other types of incident which are reportable. Have a look at Para 95 onwards of L73 and you can find them there.
User Profile View All Posts by User View Thanks

Seamusosullivan		#15 Posted : 05 November 2010 10:05:01(UTC)
Rank: Forum user		Did the employee have anything to do with work in his/her car ? Does the employee get travel expenses? Does/did the employee ever do some work at home before going to the site?
User Profile View All Posts by User View Thanks

Alex Petrie		#16 Posted : 05 November 2010 10:07:15(UTC)
Rank: Forum user		Seamus, it matters not whether he did, doesn't, or didn't. The fact is that this type of road traffic accident is not reportable under RIDDOR.
User Profile View All Posts by User View Thanks

Seamusosullivan		#17 Posted : 05 November 2010 10:08:43(UTC)
Rank: Forum user		fair enough.
User Profile View All Posts by User View Thanks

SW		#18 Posted : 05 November 2010 14:44:53(UTC)
Rank: Super forum user		Thanks for your advice SW
User Profile View All Posts by User View Thanks

Steven n		#19 Posted : 05 November 2010 15:39:22(UTC)
Rank: Forum user		jwk wrote: Hi Alex, This is not a RIDDOR, on two counts. One, it is not arising out of work and two, it is an RTA on a pubolic road. I wouldn't include this in my accident reports in-house either. There is case law involving prosecution following a death in an RTA while driving home, but this was actually a prosecution about excessive working days, leading to the driver falling asleep at the wheel, John Hi John, Can you provide me with details of the case law you refer to please? Thanks, Steve
User Profile View All Posts by User View Thanks

MB1		#20 Posted : 05 November 2010 16:41:19(UTC)
Rank: Super forum user		Steven, This may be of help to you http://www.brachers.co.u...laughter/?textsize=large Tony
User Profile View All Posts by User View Thanks

Steven n		#21 Posted : 08 November 2010 11:07:18(UTC)
Rank: Forum user		Many thanks MB1 spot on!
User Profile View All Posts by User View Thanks

jwk		#22 Posted : 08 November 2010 11:47:13(UTC)
Rank: Super forum user		Steven, This refers to the specific case I had in mind http://www.daviesmclenno...-and-safety-on-the-road/ John
User Profile View All Posts by User View Thanks

Steven n		#23 Posted : 08 November 2010 14:01:15(UTC)
Rank: Forum user		Thanks jwk, spot on also! My interest is I have just implemented a 'Driving at work' procedure and these cases reinforce why the company has done it.
User Profile View All Posts by User View Thanks

jwk		#24 Posted : 09 November 2010 13:27:22(UTC)
Rank: Super forum user		terry556 wrote: SW is correct in what he is saying, If a lorry driver has an accident on the highway and is injured it is reportable to RIDDOR, i.e. 24 hour stay in hospital, 3 days off work, he is an employee who is at work Terry, road traffic accidents on public roads are not reportable whoever is injured and whatever the consequences. Lorry drivers are at work, but if they are involved in RTAs it is not RIDDOR reportable. It's in Regulation 10 of RIDDOR; the only road accidents which are ever reportable are accidents involving people working at the roadside or on the carriageway, not drivers, ever. Accidents on private roads or on private land would be reportable if they led to reportable consequences such as an over 3-day or specified major injury. This thread illustrates why a reform of RIDDOR is one of the few sensible ideas in Lord Young's 'common sense' review of H&S, John
User Profile View All Posts by User View Thanks

Kim Hedges		#25 Posted : 09 November 2010 15:00:33(UTC)
Rank: Super forum user		JWK - Thanks for the link, very interesting.
User Profile View All Posts by User View Thanks

Users browsing this topic

Guest