Rank: Forum user 
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If an over 3 day accident was logged with HSE as RIDDOR reportable and then it was established that the injured person had intentially caused damage to the access equipment to create the correct environment for an accident to occur resulting in an injury etc. Would the RIDDOR still stand?
I appreciate it was an incident at work and three days plus was taken off due to it and there would be all sorts of other implications because of the deemed actions of the injured person, but would, could or should the RIDDOR reported incident be retracted.
I am sorry if this is a little vague but the question has been asked of me and I have not had experience of this occuring in the past and I believe that the Report prabably cannot be retracted and there is a bigger issue with the circumstances of a person creating this type of injury.
I would appreciate anyones experiences or opinions.
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Rank: Super forum user
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Rank: Super forum user
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I'm not aware you can retract such a thing once 'logged' with HSE, but as part of your investigation you can record such.
If this was followed up by the HSE/EHO you will have evidence to show it was thoroughly investigated and what actions you took?
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Rank: Super forum user
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Yes, I’ve been in this situation and as a consultant deliberated this with my clients HR Department and a solicitor who works as an associate.
This would still be reportable however, what you have identified is a possible issue that may be deemed a causational factor.
From this your SSOW and practices should be analysed to see what, if anything, needs to be reviewed/revised and possibly amended/changed to prevent a possible reoccurrence.
This should also be addressed in any possible civil claim for the future.
Feel free to PM me if you need any further assistance.
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Rank: Super forum user
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Under the old RIDDOR report centre system you could withdraw reports where it turned out the injury had not been caused by the work activity, not sure how you would do it now. However in the incident you describe the 3 days off work is as a result of a work activity so I think RIDDOR will apply. If we have all the facts its sound as if the breach will be section 8 as the employee had deliberately interfered with equipment, but its still reportable. RIDDOR is not about blame its about injuries resulting from a work activity.
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Rank: Forum user
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The incident would still be reportable under RIDDOR however, if your investigation has uncovered the definite cause and it was manufactured to cause the incident, then ensure your findings are reported also. You may then take further action depending on company policy against the person who interfered with items provided for safety.Obviously your proof would need to be solid and there would be the possibility of prosecuting the culprit for attempted fraud.
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Rank: Forum user
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Many thanks for your comments.
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Rank: Super forum user
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I agree with Brian's comment, i.e. the accident was due to work activity and is therefore RIDDOR.
In the investigation, say following a 5-whys procedure, you would need to consider why the operative tampered with the equipment. Was it lack of competence? Was his training thorough enough so that he would have known his actions were not appropriate, indeed dangerous? Or was it an intentional wrongful action?
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Rank: Super forum user 
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I take it internal disciplinary procedures have been initiated.
Nothing you can do to retract or alter the RIDDOR, but woe betide the employee if HSE decide to follow this up, they could be charged with a s.8 offence!
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Rank: Super forum user
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Ron, I know you mean HE could be charged with a s.8 :o)
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Rank: Forum user
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JohnW wrote:Ron, I know you mean HE could be charged with a s.8 :o) Wouldnt that be a turn up for the books!!?
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