Rank: New forum user
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Hi,
Got an interesting one. Wonder if you could help.
A member of staff has travelled to work on a photo shoot in Africa. Been out there three weeks.
Our production company has leased a house (if you look at the blurb - luxury accomodation - in fact I want tom go there right now - looks fantastic.)
My colleague reported on Tuesday evening that they had fallen down a step next to a breakfast bar, and has sustained injuries (rumptured knee ligaments). She currently has her leg in a brace.
She was not on set at the time, but was answering emails back at the house (believed evening time).
She has made a comment that the house is apparently not let out to children because it is considered dangerous?!?!?!
Questions
1) We obviously have a duty of care but does this need to be logged as a workplace accident?
2) Could anyone clarify if the duty of care starts from the moment the colleague leaves to travel to get on the plane, to the moment the person return to there home.
I'd like to point out that we have done risk asessments and provide travel insurance. However I have to say I hadn't thought about the fact that luxury accomodation may have a step that an employee could fall down.
The one question I'm sure everyone is asking - were they under the influence - hard to prove either way 12000 mile away). Certainly the question going round my mind.
Your help on this topic would be welcome.
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Rank: Super forum user
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As I understand it Health and Safety at Work Act 1974 and associated regs like RIDDOR do not apply if the employee is abroad but the common law duty of care might apply.
I'd investigate ( I have done similar for dodgy hotels in Brussels but there is a limit as to what you can say in the circumstances- agree that you won't use this facility again despite the brilliant looking website?
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Rank: Super forum user
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I suggest treat it as a workplace accident, get the senior person there + injured person to complete your normal paperwork and, in due course after they return, decide on the final categorisation based on the facts reported.
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Rank: Super forum user
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In a previous job....
All work related travel incidents were reportable on our stats.
Once the person was in the hotel / rented house ( whatever ) any injury was not reportable. I guess on the basis that they could have similar injury at home.
To complicate things - if the person was working at the hotel etc during normal work hours then it was reportable.
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Rank: Super forum user
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Tell your boss that you need to fly out there and do an accident investigation...for insurance purposes of course...
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Rank: Super forum user
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Houses have steps otherwise they'd be flats or bungalows - if she was living in the house as rented personal accommodation then she was not at work as far as I am concerned. She could have moved house in England and fallen down a step in her new house, that would not be considered work related either.
Certainly though I would want a raft of photographs of the step and breakfast bar and an indication of how she came to fall or trip down it, ie what was she actually doing at the time, what shoes she had on and their sole construction, had she eaten or drunk anything (it's a fair question is she is claiming industrial accident). It would be handy if your organisation had a policy on not drinking while working because in that case if she was drinking alcohol she could not have been working - consequently it would not have been work related. Additional photographs of the rest of the house may give more clarity on how this is "dangerous" as well because it could be something as simple as not having toughened glass plate windows which would make it unsuitable for children but you would expect adults to have more sense. It is a very sweeping statement which requires clarification from her and the estate agent as to which way it is considered "dangerous".
I think there is a duty of care but to what extent will depend on what the photographs show. If the photos show a clear step which she should have been more than aware of after 3 weeks, then I think she probably doesn't have a leg to stand on if you will pardon the pun. However, if the step is in anyway hidden or oblique then she might have a case and you should talk to the HSE.
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Rank: Super forum user
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If the employee was staying overnight in a UK hotel and had the accident during the evening would it be reportable?
Same goes I think ?
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Rank: Super forum user
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hilary wrote:Houses have steps otherwise they'd be flats or bungalows
No, disagree. In many places around the World a "house" has one floor; in Southern African areas two floors makes the "house" a "double story" and if you're buying property in Australia then asking to look at "bungalows" results in strange looks as you are effectively asking for a large garden shed...! And then there is the origin of "Bungalow" which from memory is Indian and refers to a single story dwelling with verandahs all round
As for the OP, well, you're company rented the property so I think you should nip out and make sure it is safe - duty of care
Jim
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Rank: Super forum user
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and don't forget to close the stable door behind you. :-)
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Rank: Forum user
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In a recent past someone posted a link about a court case in Australia pushing the limit of workplace definition when one employee was injured in a hotel with a falling object while she was on a working trip and the company had a duty of care and was responsible according to the judgment. Commonwealth’s jurisprudence applies?
As regards the investigation, photos of place of incident would be most welcomed but luxury accommodation dangerous? May be in certain circumstances :)
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Rank: New forum user
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The duty of care still applies abroad if the employer is paying for the accommodation. The duty is to ensure the hotel, etc. is 'suitable' and by that it would imply the hotel is of tolerable risk rather than expensive.
As far as RIDDOR is concerned the injury must have happened at work and in conjunction with work. Although the injured person was probably on their own time the above paragraph applies. If it wasn't for the work they wouldn't be there. However I have always used the disapplication to 'offshore' work in RIDDOR. I mean how much more offshore from the UK can you get than Africa?
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