Rank: Super forum user
|
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
|
|
|
|
Rank: Super forum user
|
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
|
|
|
|
Rank: Forum user
|
I would say your employee and no doubt was classed as working at the time so would report it as the employer.
|
|
|
|
Rank: New forum user
|
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.
|
|
|
|
Rank: Forum user
|
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).
|
|
|
|
Rank: Super forum user
|
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.
|
|
|
|
Rank: Forum user
|
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.
|
|
|
|
Rank: Super forum user
|
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.
|
|
|
|
Rank: Super forum user
|
Reported as 'employer'. Accident report / RA from trainer requested.
G
|
|
|
|
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.