Rank: Forum user 
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I work for a Housing Association. We used two separate companies to carry out some work for us in a tenanted property. The work was not related but happened to be done at the same time.
Whilst working the employee from Company A caused a dangerous occurrence that affected both the person working for Company A and the person working for Company B, but not the tenant.
Who is responsible for reporting the dangerous occurrence?
I have checked the Regs/guidance in L73 but not clear on who has the duty to report.
Any thoughts?
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Rank: Forum user
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Hi Lisa,
The HSE website states
"If you are an employer, you must report any work-related deaths, injuries, cases of disease, or near misses involving your employees wherever they are working."
I would therfore say that Company A and B should report as both had employees involved.
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Rank: Super forum user
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Hi Lisa,
Just outof intrest, what was the Dangerous Occurance?
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Rank: Super forum user 
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Good question!
I think the answer lies in the interpretation of the regulations section.. http://www.legislation.g...5/3163/regulation/2/made
QUOTE 2(c)
in any other case, the person for the time being having control of the premises in connection with the carrying on by him of any trade, business or other undertaking (whether for profit or not) at which, or in connection with the work at which, the accident or dangerous occurrence reportable under regulation 3, or case of disease reportable under regulation 5, happened;
So the answer = person in control of the premises
If both employers report this results in double reporting!
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Rank: Forum user
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Double reporting is better than not reporting
I would say in an ideal world company A would be a responsible employer and would report. If not and company B doesn't bother in case he double reports, the incident is not reported, possibly not investigated and possibly happens again.
Rather double reporting and the HSE have to adjust their statistics than not reported at all.
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Rank: Super forum user
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Ade67 wrote:Double reporting is better than not reporting
I would say in an ideal world company A would be a responsible employer and would report. If not and company B doesn't bother in case he double reports, the incident is not reported, possibly not investigated and possibly happens again.
Rather double reporting and the HSE have to adjust their statistics than not reported at all.
But double reporting shouldn't need to happen if the law is followed! :)
The answer is it it is neither employer - but the person in charge of the premises.
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Rank: Forum user
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Agian from the HSE website
"If you are in control of premises, you must report any work-related deaths and injuries to members of the public and self-employed people on your premises, and dangerous occurrences (some near miss incidents) that occur on your premises"
The initial posts refers to company A and company B, i.e employers not self employed persons. The responsiblility for reporting lies with the employer.
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Rank: Super forum user
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Yes
but the housing association are 'in control' of the premises - therefore the duty to report lies with them! - we use is the important comment in the first post....
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Rank: Forum user
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teh_boy,
I still disagree, the ultimate responsibilty is with the employer, where there is no employer, i.e the affected person is a member of the public or a self employed person the responsibility falls to those in control of the premises.
Thanks for the debate though! Unfortunately lunch is over.
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Rank: Forum user
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Thanks all for the response as usual some good comments raised by all.
The dangerous occurrence was an accidental release of asbestos fibres, though this is also being debated by all the companies involded as to whether it constitutes a reportable DO in terms of the Regs, but that is another issue....
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