Rank: Forum user
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Today I have had notification that an employee has slipped on the ice on his home driveway, whilst getting out of his company car, and fractured his leg.
His manager has asked me if there are any actions we need to take from an H&S perspective.
My reaction is that the Company does not need to, it was the employees drive and he was at home - or am I missing the point and is there anything further I need to do/consider?
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Rank: Forum user
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Hi Sharon,
doesn't sound like there is anything needed to be done.
If they return it work in plaster you'll need to do an emergency evac assessment - stairs etc.
Lilian
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Rank: Forum user
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Rank: Super forum user
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Also consider if he can confirm fit enough to drive company car?
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Rank: Forum user
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All
Thank you for responding and confirming my thoughts. Good suggestions for follow-up and RTW
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Rank: Super forum user
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If he returns to work you will need to ensure he can escape in an emergency within or close to the normal evacuation times, draw up a PEEP if required. There is no need to undertake any further risk assessments simply because he has a broken leg. Make sure his condition does not make it more difficult to escape should the need arise and you will be on reasonably safe ground. By the way how can he drive with his leg in plaster, automatic car? how does he drive normally/ It may not be safe for him to drive at all, check this impoprtant bit out as he may endanger other road users. Try and get him to work from home or else he must go on sick leave.
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Rank: Super forum user
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He wasnt returning home so he could work from there was he?
David
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Rank: New forum user
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I agree as an ex driving instructor / examiner there is no way that he should be allowed to drive, let alone drive a company vehicle.
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Rank: Super forum user
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If he was using the company car,to drive home I thought it was classed as work.
It depends what is written in the car policy for the company,
For instance a driver has an accident on the public highway not reportable to RIDDOR, if the driver unloads the car on a customers or works premises then this is classed as an accident at work, and is reportable if off work more than 3 days
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Rank: Guest
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Playing devil's advocate - was he returning home after a commute from work at a place other than his normal place of work? If yes, then it could be construed that he was still 'at work'. Therefore potentially reportable?
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Rank: Super forum user
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If he slipped on the ice on his own driveway I would think it obvious he is no longer 'travelling' in this context.
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Rank: Super forum user
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I am very sorry but if I slip on my own drive I cannot think of any situation where Health and Safety legislation would apply, not even if they were working at home!
Its forecast snow again this weekend are you going to go round and clear everyone of your employees drives/paths so they can get to their car/bus/train/footpath to get to work.
Brian
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Rank: Super forum user
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He arrives home gets out of the car and locks it, he is now off the clock and not acting in the capacity of an employee. Therefore RIRROR does not apply, he is on his own property doing something anyone else may do. H&S law does not cover every aspect of life it is not intended to. He was home oput of the company car therefore RIDDOR does NOT apply.
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Rank: Forum user
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Sharon Wooller wrote:Today I have had notification that an employee has slipped on the ice on his home driveway, whilst getting out of his company car, and fractured his leg.
?
Was he out of the car or getting out?
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Rank: Super forum user
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How can a simple query elicit so many responses? I also agree with the first few responses - not a workplace injury - job done.
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Rank: Forum user
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In my view this may not be as clear cut as you think.
The injured party was getting out of the car when this accident occured. I presume part of him was in the car and part was out of the car, could one sucessfully argue that this accident happened when the employee was exiting a company workplace? This is the question to consider.
Of course if someone can cite case law where it is clear this is not a workplace injury it would be useful.
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Rank: Forum user
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Seamus I think in this case, Res ipsa loquitur.
The unfortunate gent was at home - a key point here...at home - when he slipped. I would suggest we don't need case law to prove this is not a workplace injury.
We know from a post I made earlier in the year that accidents on the public highways are not reportable under RIDDOR. Given that in this scenario the gent was at home - regardless of the fact that he has a company car - Reg 3 of RIDDOR wouldn't apply thanks to Reg 10(2) of the regulations.
I agree with Ray here - quite a simple question & answer post was all that was needed and now you've got me quoting Latin.
My diploma tutors would be so proud ;)
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