Rank: Forum user 
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We have had an incident with an agency employee who's knee has dislocated due to a previous condition. On previous occasions she has simple popped her knee back in but on this occasion we had to call for ambulance and she was taken to hospital. I have decided this is a reportable incident(major reportable dislocation) as she was involved in working activity.
I am not asking if its reportable or not I have that decision. But I am asking who's duty do you believe it is, us as the employer or agency has her employer. I believe its the agencies.
To clarify renumeration for the job is paid by the agency.
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Rank: Super forum user
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Rank: Forum user
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Hi Kate,
We have had similar situations in the past and I have always thought it the responsibility of the employer. It is pretty clear in the RIDDOR acop. In each case the employer has not had a problem with this and reported accordingly. I think the most important thing is that it is reported. Co-operation and co-ordination between you and the agency is needed to ensure the report is made.
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Rank: Forum user
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To clarifiy I mean the IP's employer i.e the agency, not you!
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Rank: Forum user
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Hi kate,
just had a similar incident with an agency labourer. It is your responsibility.
There is case law out there regarding this type of scenario, but Agency Staff are in effect Employees as far as H & S is concerned.
PM me and I'll dig out my notes.
Regards
Clive
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Rank: New forum user
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As you control the premises that the incident occurred I would think its your responsibility just as it would be if an incident involving a visitor or member of the public occurred within your premises.
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Rank: New forum user
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The employer has the duty to report the incident. The employer in this case is the agency as the contract is with you and the agency not the indivdual employee.
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Rank: Super forum user
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The trouble with this type of question is the difference of opinion put forward by well meaning people who are sadly just guessing.
Cut out the middleman. Read L73 (free to download from the HSE), Regulation 2 guidance, table 1, para 2.
Or just go straight to page 18 of L73 in the old edition or page 20 in the latest copy of L73.
If they refuse to report it (as some agencies do as a result of lack of awareness), which has happened to me in the past. I reported it giving the full facts and explaining why I was reporting it and not the agency.
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Rank: Forum user
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Hi All
Just to let you all know I have been in discussion with the agency and the regulator and it has now been reported by the agency!
Thanks for your help
Kate
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Rank: Super forum user
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Kate,
You said this was a previous condition. Presumably her work doesn't aggravate the problem?
Simon
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Rank: Forum user
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I have had experience of this in the past and its basically down to how the contract between you and the agency is written.
We had it written by our excellent HR department so that it was always the responsibility of any agency we dealt with.
allan
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Rank: New forum user
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Agency staff fall under the "Mobile employees" section 26 page 19 of L73?.
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Rank: Super forum user
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I tend to use 'who ever pays the IP reports the RIDDOR' as a rule of thumb (Excluding members of the public etc)
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Rank: Super forum user
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If the agency worker is on your premises, you are responsible for their H & S, and technically they are employed by your employer, therefore it is reportable
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Rank: Super forum user 
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KATE83 wrote:
Hi All
Just to let you all know I have been in discussion with the agency and the regulator and it has now been reported by the agency!
Thanks for your help
Kate
7 hours ago!
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Rank: Forum user
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Redken- can you explain your comment?
Kate
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Rank: Forum user
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I know it has now been reported by the agency, but I thought I give my opinion.
I've had this dilemma many times in the past and I believe it is on my interest that I report it myself regardless of who is responsible for reporting it. I want to ensure the report that goes out to RIDDOR is of the expected quality and gives the inspectors adequate information on the incident and corrective measures taken. If I leave for the agency to do it, I'm not sure they can provide this information accurately and at the end of the day if the HSE wants to follow up, I would be the one answering the questions.
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Rank: Forum user
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If you're directing someone's work as if they were one of your own employees, they are, to all intent, an employee, and the organisation in control of their work is responsible for reporting. It doesn't matter who pays them or if they're paid at all. And I would never put faith in any local and private agreement to transfer a statutory responsibility to another organisation, even with their collusion: statutory duties cannot be simply off-loaded to a third party by mutual agreement.
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Rank: Forum user
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Does anyone know if you can acess existing RIDDOR reports submitted by other companies. We have a subcontractor trying to get onto our Approved List but appear wary of supplying details of historical LTAs?
Can these be viewed anywhere online or are you able to request the details direct from RIDDOR to confirm the accuracy of the information provided by the subcontractor?
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