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Liz1  
#1 Posted : 18 February 2013 17:09:16(UTC)
Rank: Forum user
Liz1

An FM contractor on one of our sites caught his hand in a door and it has resulted in an over 7 day RIDDOR. His employer has completed the RIDDOR report and undertaken a thorough investigation. Site H&S have compiled a summary report of the contractor’s investigation, and the site security and first aid reports. Everyone agrees on cause etc. However it made me ask – who was responsible for carrying out the accident investigation? Should it have been the injured person’s employer or should it have been the site (client) H&S? The accident took place in a communal area of the building.
In this case, everyone effectively worked together and the investigation was completed but it's not always plain sailing.
RayRapp  
#2 Posted : 18 February 2013 19:28:37(UTC)
Rank: Super forum user
RayRapp

Good question. I believe the responsibility lies with the employer to investigate accidents. They should want to do so to ensure remedial measures are put in place and to prevent reocurrence and to obtain evidence which may be required in any criminal or civil proceedings by their legal representative.

In some situations the landlord or some other contractual requirement may dictate that others will assist or possibly complete their own separate investigation. The world of health and safety is rarely black and white.
Canopener  
#3 Posted : 18 February 2013 19:48:53(UTC)
Rank: Super forum user
Canopener

A prudent employer, client, site operator etc would be wise to either carry out their own or a joint investigation. In the sort of scenario that you have suggested it is likely that any one party might reasonably come to a 'partisan' conclusion, that might differ from anothers for the same reason; each 'party' will be seeking to limit their liability.
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