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Garfield Esq  
#1 Posted : 25 July 2012 14:37:17(UTC)
Rank: Super forum user
Garfield Esq

Yes I know its an ogoing topic starter, howver I would welcome your views... Opertive attends third party training at external training facility and sustain an injury which leads to a 7 day RIDDOR reportable. Who reports to the HSE 'us or them or both' Ta in advance
Terry556  
#2 Posted : 25 July 2012 14:43:55(UTC)
Rank: Super forum user
Terry556

The accident book should have been completed at the training provider, I would report it as he is your employee, if it gets reported twice it really doesn't matter
TSC  
#3 Posted : 25 July 2012 14:45:02(UTC)
Rank: Forum user
TSC

I would say your employee and no doubt was classed as working at the time so would report it as the employer.
bluebottle34  
#4 Posted : 25 July 2012 14:47:58(UTC)
Rank: New forum user
bluebottle34

Employer. From the HSE site - "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." Controller of premises reports if injury is sustained by a member of the public, or self-employed.... i.e somebody who doesn't have an Employer.
alistair  
#5 Posted : 25 July 2012 15:03:27(UTC)
Rank: Forum user
alistair

I think that applies more to mobile or peripatetic workers, not when attending an external venue. The joys of RIDDOR eh, so many grey areas. I think it is difficult to attribute this one to the employer as the 'Arising out of or in connection with work' criteria is ONLY APPLICABLE when one or more of the 3 key factors ALSO apply i.e. a fault in the way the activity was being carried out; the plant or substances in use; and/or the condition of the premises. If the employee attended hospital, the training event organiser / controller would presumably have had to report it under RIDDOR (if the 'in connection' test applies of course).
peter gotch  
#6 Posted : 26 July 2012 13:42:12(UTC)
Rank: Super forum user
peter gotch

Garfield. Presume he or she paid to attend training, thence "at work" within the meaning of Section 52 of HSWA, thence employer's duty to both report and record O7D injury.
Billibob  
#7 Posted : 26 July 2012 14:22:11(UTC)
Rank: Forum user
Billibob

We have reported similar incidents (even one which occurred on the street in another town). The person who is attending the training is being paid to do so as part of their work time therefore the incident arises in connection with their work. There is no issue at this point to determine whether the incident causation was do to the individual, the venue or other factors.
Canopener  
#8 Posted : 26 July 2012 14:45:39(UTC)
Rank: Super forum user
Canopener

Do you know what? I am not sure if the HSE are going to care too much about whether the employer or the organiser of the event or the person in control of the premises (a hotel maybe) reports this. However, I don’t think that RIDDOR requires that the incident/injury is necessarily ‘attributable’ to the employer. If the person was attending the training as part of their work then I suppose that the injury has arisen out of or in connection with work and that the employer wouldn’t be wrong to report, and probably should. The hospital scenario mentioned is intended for those people ‘not at work’ i.e. customers, the general public etc. Also, remember that the hospital criteria is that they are taken DIRECTLY to hospital for treatment. On balance, I would report as an employer. But, if it has already been reported by the premises controller/training company, I would ask for a copy of the report and wouldn’t lose too much sleep.
Garfield Esq  
#9 Posted : 26 July 2012 16:09:38(UTC)
Rank: Super forum user
Garfield Esq

Reported as 'employer'. Accident report / RA from trainer requested. G
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