Rank: Forum user
|
I ran a first aid course last week for a group, two people in the group were taking the course to benefit their hobbies one being an aerobics instructor and one a martial arts instructor. The issue of filling in the accident book came up, and the question was asked does a part time instructor who does it in their spare time as a leisure activity need under RIDDOR to inform the HSE of any accident / incident that leads to 3 day period off work, even though the injury didn't occur at work. Just wondered if any IOSH members have any thoughts on this matter.
Steve
|
|
|
|
Rank: Super forum user
|
Hi Steve,
Are the instructors being paid? are they working for themselves or are they representing an organisation? If the latter, does anyone within that organistion get paid?
|
|
|
|
Rank: Forum user
|
I believe they charge a training fee to cover the costs of hiring a venue for their activities but not sure if they belong to a governing body. Is there a governing organisation for aerobics??? It would seem there are hundreds of small clubs like this all over the place. Are you suggesting that RIDDOR reporting only applies to paid instructors. AHHHHHHHHHHHHHHHHHH.
Steve
|
|
|
|
Rank: Super forum user
|
If they are being rewarded for instructing (other than altruisticly) or if they are working (even unpaid) for a body in which someone esle is paid then they are 'At Work' and all the associated rules apply.
|
|
|
|
Rank: Super forum user
|
What type of injuries would there be?
Injuries as a result of sporting activities would not normally be reportable, so >3day would not be relevant.
Or have I missed something?
A
|
|
|
|
Rank: Super forum user
|
Subject to establishing reward, the instructor is working. If they opened their equipment stores cupboard and were tragically flattened by falling crash mats it would be reportable (assuming the injuries were reportable).
If a Council swimming pool attendant slipped poolside and cracked their head and ended up in Hospital for more than 24hrs would it not be reportable?
The test here is to establish whether there is an employer (and subsequently 'employment' and being 'At Work')
|
|
|
|
Rank: Forum user
|
Steve, for clarity are we talking of the instructor hurting themselves doing the martial arts/aerobics training and being unable to do that for 3 days or being unable to perform their full time employment for 3 days?
If it's the latter then my view is that it would not be reportable as ahoskins states, however the if its the former then I'd agree with Smurf.
|
|
|
|
Rank: Super forum user
|
I'm not sure?
I wouldn't class a professional sportsman competing and being injured as reportable ('cause it isn't).
But an instructor? Irrespective of whether or not they are taking part, primarily they're teaching (working).
|
|
|
|
Rank: Super forum user
|
Input from Steve required here...
"does a part time instructor who does it in their spare time as a leisure activity need under RIDDOR to inform the HSE of any accident / incident that leads to 3 day period off work, even though the injury didn't occur at work"
I read the question as referring to participants, as it appears to me that the instructors are either not employed or self employed from the phrasing.
A
|
|
|
|
Rank: Forum user
|
Clarification of scenario:-
Instructor not paid but running a club..An accident happens in the club when the instructor is present, to one of the instructors students .. the instructor administers first aid and puts it into the club accident book. The injured student as a result of the injury cannot go to his day job, and is off for over 3 days. Is this RIDDOR reportable by the instructor.
Steve W.
|
|
|
|
Rank: Forum user
|
This really is quite simple.
If an employee, it's reportable by the employer; if self-employed, it's reportable by the the controller of any premises within which the injury occurred.
This bit isn't quite so simple... If they are an unpaid volunteer, i believe the legislation exempts them from reporting a RIDDOR as they are considered as being a member of the general public, but one could argue that the organiser of the activity, perhaps a club etc, might be responsible under RIDDOR as their organisation of the event led to the person being injured - if taken to hospital, this would be reportable.
Then you enter the problem after April 6th of when to report it, HSENI will not be changing to over 7days until April 2013 whereas HSE will be from this April 6th - don't you just love joined up regulation ?!?
|
|
|
|
Rank: Forum user
|
As I understand it (however I'm quite happy to be proven wrong) the 3-day reporting requirement only applies to those not at work. As mentioned above the injured person is one of the students attending the class therefore they are not at work. Given this the incident is not reportable.
However if it was a major injury, such as a fracture, dislocated shoulder, etc. or were the injured person taken to hospital straight from site then I think it would be reportable.
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.