Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Frank1970  
#1 Posted : 30 December 2013 15:26:04(UTC)
Rank: Forum user
Frank1970

I have a driver who has fractured his wrist and will be out of work for approx 2 - 4 weeks. I see that a fracture is listed as a "specified injury" under RIDDOR 2013. However, the incident happened 30 mins prior to his contractual start time of 8am when he stopped at a petrol station to buy a bottle of water. When he got out of our vehicle he slipped on ice and fell on his right arm. Am I correct in saying this is not reportable to the enforcing authority?
Canopener  
#2 Posted : 30 December 2013 15:41:10(UTC)
Rank: Super forum user
Canopener

You suggest that he stopped off while commuting to work, not while at or arisising out of work. Therefore I would suggest that it is not reportable.
SBH  
#3 Posted : 30 December 2013 15:43:38(UTC)
Rank: Super forum user
SBH

Not Reportable SBH
Frank1970  
#4 Posted : 30 December 2013 15:59:30(UTC)
Rank: Forum user
Frank1970

Thanks. For clarity, he was travelling to an appointment in Newcastle (from Scotland), so left very early in the morning. I guess this is expected in most jobs these days. But as you say it was not while at or arising out of work.
billstrak  
#5 Posted : 31 December 2013 02:30:18(UTC)
Rank: Forum user
billstrak

Travelling to a meeting which is not your normal place of work may put a different slant on recordability.
bob youel  
#6 Posted : 31 December 2013 06:19:16(UTC)
Rank: Super forum user
bob youel

he was at work [travelling on behalf of his employer] so technically it is reportable - but U need to evaluate the situation as slipping on ice 'in the normal course of things' may change things I would investigate further to get a full picture before reporting/deciding not to report
DP  
#7 Posted : 31 December 2013 08:16:59(UTC)
Rank: Super forum user
DP

There are always a few as more to ask in these circumstances buy by the info provided the matter is none reportable by you as his employer as this is not connected. You had no control of the hazard which caused the incident, ice. However, if the ip went directly to hospital for treatment. The matter will be reportable by the premises owner.
Frank1970  
#8 Posted : 31 December 2013 12:08:02(UTC)
Rank: Forum user
Frank1970

DP, thanks - good point. After the incident he continued to work for the rest of the day (driving) before giving in to the pain and going to the hospital. He returned to the hospital the following day (no overnight stay). He is now talking about pursuing a PI claim, which was my fear, but it is my belief that the owner of the Petrol Filling Station should be reporting the accident to the relevant Enforcing Authority and have the accident figures on his record and not mine! Am I correct here? Thanks
christopher1  
#9 Posted : 31 December 2013 12:08:50(UTC)
Rank: New forum user
christopher1

I would check it out as here in Ireland the employer is responsible for employees coming to and going home from work.
MadiB  
#10 Posted : 31 December 2013 12:10:41(UTC)
Rank: Forum user
MadiB

Are you on good terms with your local EHO? I often turn to mine for advice on these matters. I think she appreciates the honesty. I also copy her in on any RIDDOR reports as I'd rather she heard from me first.
Mr.Flibble  
#11 Posted : 31 December 2013 13:38:59(UTC)
Rank: Super forum user
Mr.Flibble

Any PI claim would go against the petrol station not you. You were not in control of the premises.
Canopener  
#12 Posted : 31 December 2013 15:24:34(UTC)
Rank: Super forum user
Canopener

I think that it rather sad that the thrust of the OP now appears to boil down to whose stats the accident appears. Another ‘argument’ against those zero accidents/LTI initiatives. #4 does perhaps change the situation and some might argue that given this additional information that he may have been at work, although any argument that the accident arose out of or in connection with work might be less convincing. Overall I would still suggest not reportable under RIDDOR by the employer, although others may see it differently. It may however, be recordable as an accident in (your) the accident book. I think it highly unlikely that any PI claim sent in your direction is likely to be successful. It would appear that IF there is liability that it will most likely rest with the occupier of petrol station.
firesafety101  
#13 Posted : 31 December 2013 15:47:35(UTC)
Rank: Super forum user
firesafety101

As the employer and also as he was travelling during the course of work, long distance journey over and above normal travel to work, it is reportable to HSE under RIDDOR. Allow him to make his claim and put that in the hands of your insurers who will no doubt contact the petrol station where the accident occurred and deflect the claim over to them. Do it properly or come a cropper?
Frank1970  
#14 Posted : 06 January 2014 07:50:02(UTC)
Rank: Forum user
Frank1970

Thanks for the input everybody. I decided to report it in the end, rightly or wrongly.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.