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PVinny  
#1 Posted : 11 September 2012 11:11:46(UTC)
Rank: New forum user
PVinny

Hi, I'd be grateful for your views. As a social landlord we get reports of residents slipping/falling on pavements, and children occasionally falling off communal garden play equipment (not a play park). Given how broad our business and contact with the public/residents is, so much could be classed as 'in connection with our work' (provision of homes). If we follow RIDDOR as I understand it, every time a resident slips on a communal path, (or maybe even a private path), a child injures themselves falling off play equipment in a communal garden, and they're taken from the premises by ambulance, we'd need to report it. Am I right or is my interpretation of 'in connection with work' too broad, or does there need to be the suggestion of a breach or defect (not mentioned in the law)? Thanks.
Rob M  
#2 Posted : 11 September 2012 11:26:11(UTC)
Rank: Forum user
Rob M

am i miss reading this? resident is not an employee so therefore is not at work? would not a general duty of care and the initial risk assessment for the original provision not cover the intended use? if someone falls off a 3' wall intended to retain a flower bed, would this not be misuse? I would have thaught you would have a duty to investigate to ensure there is not faulty or that the iten is not fit for purpose.
Kate  
#3 Posted : 11 September 2012 11:27:19(UTC)
Rank: Super forum user
Kate

From the HSE RIDDOR site: What is meant by ‘arisen out of or be connected to the work activity’? When deciding if the accident that led to a death or injury has arisen out of or is connected to work, the key questions are whether the accident was related to: the way the work was carried out; any machinery, other plant, substances or equipment used for the work; and/or the condition of the site or premises where the accident happened. If any of these factors did play a part in causing the accident, then the injury should be reported. If none of these apply then it's not reportable.
PVinny  
#4 Posted : 11 September 2012 11:48:29(UTC)
Rank: New forum user
PVinny

Thanks for your comments Kate & Rob, helped get my grey matter going! Looking at L43 again, most examples given cite attributable defects, e.g. person trips over a cable that's laid across the floor. So it seems you need to identify a prima facie defect or failure to report. (Rob, you weren't misreading, RIDDOR requires reporting of non-employee injuries. That's where I was coming from).
PVinny  
#5 Posted : 11 September 2012 11:49:36(UTC)
Rank: New forum user
PVinny

Oops, meant L73!
Jake  
#6 Posted : 11 September 2012 12:17:51(UTC)
Rank: Super forum user
Jake

PVinny wrote:
Looking at L43 again, most examples given cite attributable defects, e.g. person trips over a cable that's laid across the floor. So it seems you need to identify a prima facie defect or failure to report.
This is correct, a defect is required for it to be deemed out of or in connection with work. This doesn't necessarily mean a physical defect however, it could be a design fault (equipment / process / task). I suppose a silly example would be if you specced polished tiles for your external paths and a non-employee slipped during wet weather. The path (polished tiles) may have been in a good condition, but there would be a design fault in that they were not appropriate for the application!
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