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RIDDOR -to report or not to report on member of public
Rank: Forum user
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In looking on the HSE website and for examples for member of the public, it seems to imply that if the MOP faints and is taken to hospital - this is not reported.
Extract:
'A person fainted and as a precaution they were taken to hospital.
No. The injury must result from an accident that arises out of or is connected to the work. This is not usually the case where people have been taken ill.'
Do you report if an injury occurs as a result of the MOP fainting i.e hit their head and/or taken to hospital?
Also, do you report if a member of the public receives a injury but does not fall under the major injuries.
I have received conflicting guidance.
Any advice would much be appreciated.
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Rank: Super forum user
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jacqui - the key words are "arises out of or is connected to the work".
From the information provided - Unless there was a work activity that caused the fainting then it is not reportable nor would it be if any injury resulted.
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Rank: Forum user
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Premises is a leisure facility. MOPs faint whilst using the facility. Common cause is lack of food/water, existing medical condition, over doing it or pushing themselves too far. Steam rooms being the prime 'fainting' area.
Is this 'work' ?
To my mind no physical work activity has caused the fainting i.e fumes from glueing wood, wearing of PPE resulting in excess heat.
I have classed fainting as an 'unwell' and not an accident. Am I right?
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Rank: Forum user
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Jacqui
That is the approach I always took
We had a sports centre on campus and occasionally had students and others fainting due to the causes you outlined.
John
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Rank: Forum user
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Jacque
Your interpretation of failing is correct, in my opinion this will not be classed as a reportable accident.
Regards
David T
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Rank: Super forum user
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On the basis of the information you have provided I am inclined to say that it isn’t reportable. However, I am not entirely convinced on the interpretation about the reporting requirements at #2 “Unless there was a work activity that caused the fainting then it is not reportable…”
I think that is too narrow and I suggest that the reporting requirement isn’t merely just associated with a work activity (in itself) but that it would also include whether the exercise of control of the ‘undertaking’ of ‘work’ was causal e.g. a failure to maintain a premises in a safe condition which subsequently caused an injury, would also be reportable if the person was subsequently taken directly to hospital.
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Rank: Forum user
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May I take this one step further.
Fainting is not reportable. Is the result of fainting reportable i.e. MOP hits heads, cuts head or/and loses consciousness or/and goes to hospital becomes reportable?
In maths terms, to be reportable requires 2 trues e.g work and injury?
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Rank: Super forum user
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Jacqui,
it requires two specifics: Work related AND Schedule 1 (RIDDOR) Major Injury.
PH2
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Rank: Forum user
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Thank you to Bilbo, JohnId, David T, canopener and PH2. I really appreciate your guidance. One day you read RIDDOR as 2 specifies, that fainting is not work related and then another day .... and a chance remark from someone causes a nagging doubt.
Again thanks.
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Rank: Forum user
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I agree that it is not reportable, as the fainting isn't related to work, regardless of the eventual outcome of the fainting
I disagree with PH2 though. It doesn't have to be a "major" injury, it just needs to be an injury.
So if a MOP is taken to hopsital, as the result of a work activity and they had a broken thumb, for example, then it would be reportable.
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Rank: Super forum user
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Watcher,
with respect I suggest that you read the Riddor Regulations. Only major injuries listed in Schedule 1 must be reported. Additionally, Schedule 1 item 1 requires notification of "Any fracture other than to the fingers, thumbs or toes."
PH2
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Rank: Super forum user
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PHS - members of the public are treated differently. A visit to hospital as a result of something related to the work is enough:
"Injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital for treatment. "
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Rank: Super forum user
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PHS - members of the public are treated differently. A visit to hospital as a result of something related to the work is enough:
"Injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital for treatment. "
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Rank: Forum user
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Hi Jacqui
For members of the public (or others not at work) the HSE says accidents are RIDDOR reportable where the following three elements are present :
1. accident arose from work activity
2. person went/was taken from scene of accident to hospital
3. an injury was sustained
From what you've described the incident would not be RIDDOR reportable as point 1. was not met.
Hope that helps.
Sam
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Rank: Super forum user
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Some people are on the right track, some definitely aren’t and I think Sam gives the best summary at #14.
# 7. “In maths terms, to be reportable requires 2 trues e.g work and injury?”
I disagree; there are 3 conditions to be met. 1. Injury. 2. ‘Work’. 3. Taken DIRECTLY to hospital (by whatever means)
#8. “it requires two specifics: Work related AND Schedule 1 (RIDDOR) Major Injury.”
#11. “with respect I suggest that you read the Riddor Regulations. Only major injuries listed in Schedule 1 must be reported.”.
Oh dear! At the risk of being a grumpy bear, read away by all means (could I suggest L73 pages 20/21 and paras 39-40 and 49-51). The list of defined Major Injuries under Schedule 1 is NOT part of or the ONLY reporting requirements for a person ‘not at work’. The table on pages 20/21 of L73 give you a very simple précis of the reporting requirements. MAJOR injuries ARE reportable in respect of EMPLOYEES and the SELF EMPLOYED. INJURIES (whatever the injury) are reportable in respect of persons NOT at work (if the other criteria are met.)
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Rank: Super forum user
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Canopener,
With respect the Guidance on pages 20/21 is clear. In relation to a person not at work, the Guidance at page 21 specifically states "Death, or injury requiring removal to a hospital for treatment (or major injury occurring at a hospital) of a person who is not at work (but is affected by the work of someone else), eg a member of the public. "
IMHO simply fainting and then bumping one's head is not necessarily directly "affected by the work of someone else"; (I accept that if they fainted due to a dangerous atmosphere it would be reportable, but such a situation was not described by the OP).
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Rank: Super forum user
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Yes, and 'with repsect' I am well aware that the reporting requirements for a person not at work 3(1)(c) differs for a person not at work BUT who is in but in hospital reg 3(1)(d). Hence the 2 statements in the précis/table on pages 20/21 are separated by the use of brackets. i.e. the Major injuries test ONLY applies to those people not at work who are injured in HOSPITAL (do read the 2 regs quoted above).
1. The example being discussed does not involve a person in hospital (as far as I can tell it’s a leisure facility) therefore the major injuries test does not apply
2. That most injuries to people not at work don’t actually occur in a hospital ergo the major injuries test does not apply
I would suggest that as most of us don’t work in hospitals, the general assertion that the test is about major injuries is IMVHO misleading and for the most part incorrect (unless the injury occurred in hospital)
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Rank: Forum user
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With respect PH2, I suggest you go back and re-read the Regs before "correcting" others.
The major injury part, as pointed out by others, only relates to the injury sustained IN the hospital
For all others, it only has to be an injury.
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Rank: Forum user
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....and SamJen1973 sums it up best
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RIDDOR -to report or not to report on member of public
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