See my answer to the other recent RIDDOR question and my response is the same and for the same reasons - not RIDDOR because it was not related to work. However, the guy in question is an idiot and should potentially be given a warning about 'horseplay' at work.

Could this be considered an act or an ommission on the part of colleague 'B'? The fact they were both listening to details of the upcoming shift could also be deemed as work related.

Tad Harsh!

Harsh?????? Let the guy off and he will do it again. Others will see him get away with it and follow suit. Make an example - managers are there to manage and show some balls, what if nothing is done and he does it again only hurting someone else quite badly - would you then think you should have been a little more harsh ? Rules are rules and especially HAZAWA. If this has been reported and HSE pay a visit and ask about action taken to prevent re occurrence what do you say? Does everyone pick the rules that only suit themselves when they feel like it. No wonder the country is in a mess if no one is prepared to stand up and be counted. I have my tin hat on by the way and now going for a lie down

Report him to the HSE - potential prosecution. IMO tad hard too Firesafety Couple of lads larking about which they should not have been - deal with in-house and send out a message. This is not a matter for the HSE - where is this in the public interest to go anywhere near any formal action let alone prosecution. TTTWTW - your employer would be happy picking up the bill of £124 and hour for that one eh? I not you may be LA anyhow?

Not sure why your post is blocked firesafety, seemed OK to me. I guess to a cetain extend it depends what side of the fence you sit on and what you believe your role is, but I'm in agreeance with DP (and would like to think that most OHS professionals working for large companies would be too) that it would not be appropriate to contact the HSE (assuming your business is HSE regulated). Applying good business acumen would suggest that involving the HSE in such an issue (and the potential subsequent investigation / lost manager time / preparation etc.) would be unwise. We are the experts and I would be hesitant to proactively contact the regulator! I've known of cases where an OHS professional has contacted the HSE about an issues, in good intent, only for them to them be served a notice on said issue, when the issue was being resolved anyhow (i.e. they could have just asked around their peers etc. to get a general consensus). Who gained in that scenario? No one, apart from the HSE inspector I guess... I think it's important that those OHS professional working for business (as a pose to consultancy etc.) remain aware of the business risk our decisions could have.

'At work' isn't necessarily the same as 'arising from work' though. Hypothetical examples I recall from RIDDOR guidance are: A punches B in an argument about their working relationship - work-related A punches B in an argument about something that happened outside work - not work-related

I am uncertain why the post was removed. I thought it was a ridiculous suggestion, but otherwise essentially innocuous. For the most part the discipline of staff is a matter for the employer and I suggest that it wouldn’t be the best use of court time, or anyone else’s for that matter, to expect this to be dealt with as a prosecution under S7. It is certainly not a course of action that I would likely ever suggest to an employer. I would say that a S7 prosecution is for the HSE to instigate as a result of their own investigation and not something that they are likely to embark on at the behest of an employer. Happy to be wrong and perhaps Claire or Graham could comment. I wonder if such a tactic might attract FFI for the employer? I don’t know. You know what they say about washing your dirty linen? The situation as described can be adequately dealt with by internal procedures without the need to involve the HSE, court time etc etc And I wholeheartedly agree with Jakes comment about being 'business aware' - absolutely!