Rank: Forum user
|
A pedestrian walks out between two parked cars and is hit by the wing mirror of a works van, is this Riddor reportable, the police have said the van driver is not at fault and will not be taking any action, advise please
|
|
|
|
Rank: Super forum user
|
Ever thought of reading the RIDDOR guidance and reaching your own decision?
Just saying
|
|
|
|
Rank: Super forum user
|
Was this on public or private land Latchy?
Frank Hallett
|
|
|
|
Rank: Super forum user
|
I have some sympathy with your thoughts JJ! Surely RIDDOR isn't that difficult to understand?
If you ask half a question you might reasonably expect 'half' an answer!
1. Was the pedestrian one of your employees or a member of the public?
2. If an employee, did this result in an over 7 day injury?
2. If an employee, did it result in a specified injury?
3. Does it fall under the definition of one of the defined dangerous occurrences?
4. If someone 'not at work' did they go straight to hospital?
If the answer to each of the above is 'no', then I suggest not reportable.
etc etc etc
|
|
|
|
Rank: Forum user
|
JJ Prendergast wrote:Ever thought of reading the RIDDOR guidance and reaching your own decision?
Just saying
Just to say I have read RIDDOR but the grey area is the van driver was on his way to work not even in work hours is this still reportable.
|
|
|
|
Rank: Super forum user
|
A bit of vital information missing from your original post
'on his way to work not even in work hours '
Therefore whether to report or not should now be self evident
|
|
|
|
Rank: Super forum user
|
Without wishing to disagree to overtly with JJ; we now need to ask additional questions:-
Is the van driver an "employee" for H&S purposes?
Although Latchy appears to have made it clear that the van driver was "not at work", was this a situation where the van-driver takes the van home and then leaves for "work" from home without actually going to a fixed workplace first? AND
Was the van the property of the van-driver or the nominal "employer"?
Frank Hallett
|
|
|
|
Rank: Forum user
|
Frank Hallett wrote:Without wishing to disagree to overtly with JJ; we now need to ask additional questions:-
Is the van driver an "employee" for H&S purposes?
Although Latchy appears to have made it clear that the van driver was "not at work", was this a situation where the van-driver takes the van home and then leaves for "work" from home without actually going to a fixed workplace first? AND
Was the van the property of the van-driver or the nominal "employer"?
Frank Hallett
The van was a company vehicle but the driver needs to visit the depot before going to a job can yo u please explain the difference thank you for your answer and professional advice
|
|
|
|
Rank: Forum user
|
Frank Hallett wrote:Without wishing to disagree to overtly with JJ; we now need to ask additional questions:-
Is the van driver an "employee" for H&S purposes?
Although Latchy appears to have made it clear that the van driver was "not at work", was this a situation where the van-driver takes the van home and then leaves for "work" from home without actually going to a fixed workplace first? AND
Was the van the property of the van-driver or the nominal "employer"?
Frank Hallett
The van was a company vehicle but the driver needs to visit the depot before going to a job can yo u please explain the difference thank you for your answer and professional advice
|
|
|
|
Rank: Super forum user
|
OK Latchy - forgive me for being cautious here, but there's another question:-
On the info provided so far it is probable that he wasn't "at work"; but:-
What are the circumstances under which the van-driver is allowed to take the van home and bring it back to work?
The van is controlled by the employer; which raises other consequences for consideration; such as, who is the "named insured", who is responsible for the maintenance of the van, have the insurers been told about an impending Civil claim?
Frank Hallett
|
|
|
|
Rank: Forum user
|
Frank Hallett wrote:OK Latchy - forgive me for being cautious here, but there's another question:-
On the info provided so far it is probable that he wasn't "at work"; but:-
What are the circumstances under which the van-driver is allowed to take the van home and bring it back to work?
The van is controlled by the employer; which raises other consequences for consideration; such as, who is the "named insured", who is responsible for the maintenance of the van, have the insurers been told about an impending Civil claim?
Frank Hallett
I have just been looking on the HSE site and one of the exemptions is a road traffic accident on a public road excluding loading and unloading advise please
|
|
|
|
Rank: Forum user
|
That's right, Latchy, and was the reason for the questions by JJ and Frank.
|
|
|
|
Rank: Forum user
|
Kate. wrote:That's right, Latchy, and was the reason for the questions by JJ and Frank.
What s wrong with you people, I simply asked a question
|
|
|
|
Rank: Super forum user
|
My apologies Latchy - I missed part of a response to your question at 14:55hrs.
Although it would have made no difference to the split between Road Traffic & H&S law [and thefore RIDDOR in this case]; it will have implications for your Employers and Road Vehicle insurances; and, if the van driver actually does proceed directly from home on occassion, they are then "at work" from the moment that they access the van.
Hope that helps
Frank Hallett
|
|
|
|
Rank: Super forum user
|
You did ask a question - but you also failed to provide the relevant information to enable the question to be answered.
Ok, the pedestrian was hit by the van wing miror - but you have given no indication as to the injury that was actually caused
As per post #4 ask half a question, get half and answer - expect to be queried if you don't provide the information.
HSE website
Non fatal accidents to non-workers (eg members of the public)
Accidents to members of the public or others who are not at work must be reported if they result in an injury AND the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances.
There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.
I would sugest you need to learn to research a topic correctly instead of asking others to provide you with an answer based on limited information.
Or indeed frequently asking for copies of documents/risk assessments
Self-learning and research/document development is a great professinal development method.
|
|
|
|
Rank: Forum user
|
LATCHY wrote:Kate. wrote:That's right, Latchy, and was the reason for the questions by JJ and Frank.
What s wrong with you people, I simply asked a question
Some the responses given out on this forum are abrasive at best.
|
|
|
|
Rank: Forum user
|
Report it, it won't make a great deal of difference to you if you do. RIDDOR is mainly statistics; you don't get punished for reporting if it is not a RIDDOR
|
|
|
|
Rank: Super forum user
|
I have to say, in real life, with real people, I often ask a question that might be able to look up but I ask the people I work with anyway.
Can't recall anyone ever saying "I refuse to answer you, look it up yourself".
|
|
|
|
Rank: Super forum user
|
I don't think anybody has refused to answer the question.
Just highlighing the fact the question was asked incorrectly in the first place/information not provided that should be available - to enable the question to be answered.
Also I maintain learning to research a topic properly is a vital learning tool, in self development.
Learning is limited if somebody gives you the answer straight away.
If you have found the answer yourself to a particular issue, if the issue comes up again, you are probably more likely to remember the answer.
|
|
|
|
Rank: Forum user
|
Quote=JJ Prendergast]I don't think anybody has refused to answer the question.
Just highlighing the fact the question was asked incorrectly in the first place/information not provided that should be available - to enable the question to be answered.
Also I maintain learning to research a topic properly is a vital learning tool, in self development.
Learning is limited if somebody gives you the answer straight away.
If you have found the answer yourself to a particular issue, if the issue comes up again, you are probably more likely to remember the answer.
You also learn by asking questions, did not realise it was a game and you were teaching me a lesson, I could go on but that would just make me look silly what do you think JJ
|
|
|
|
Rank: Super forum user
|
I have little note that some will think or call me a troll.
The OP has failed (as we often see on the forum) to provide sufficient information for anyone to be able to give a reasonably sensible answer. As far as I can see we haven't determined either the 'status' of the 'pedestrian' or whether that person even sustained an injury at all. How on earth can anyone be expected to provide an (accurate) answer without knowing those 2 things?
So, in that respect Latchy, I would have to agree with JJ, in that nobody has refused to answer your question, but rather nobody can (although some have and will try to) with the very limited information you have provided. If you provide a sensible 'brief' you might expect a sensible answer. I sense peoples frustration at being asked half a question; again.
Secondly, while it doesn't concern me, I never cease to be amazed at the number of people who would seem to be in positions of 'responsibility' who can't grasp the basics of RIDDOR; while it has some idiosyncrasies it is nevertheless normally pretty straightforward to determine what is or isn't reportable in most cases. Again in that respect I share JJ's thoughts in as far as having a look for yourself. If you have the ability to post on here then you have the same ability to spend a little time looking at the HSE and getting to know a little bit about RIDDOR for yourself.
|
|
|
|
Rank: Super forum user
|
|
|
|
|
Rank: Super forum user
|
Thanks for your support, Canopener
|
|
|
|
Rank: Guest
|
If the driver is classed as working under their contract and the member of public dies or is taken to hospital then yes.
|
|
|
|
Rank: Super forum user
|
This is an RTC and nothing else
Quite clear in RIDDOR in my view
It is good of the driver to mention it if they were on they way to their permanent place of work and they should have mentioned it if they were at work on their way to a non permanent place of work
|
|
|
|
Rank: Super forum user
|
"Ever thought of reading the RIDDOR guidance and reaching your own decision?
Just saying"
An unnecessarily rude and sarcastic initial response to a request for information, followed by a weak attempt at justification citing a lack of clarity in the original question. Typical of so many on this forum.
If you can't respond to a question in a positive manner it's probably best not to respond at all. That would make this forum a much better place I reckon.
|
|
|
|
Rank: Super forum user
|
As Canopener said - most of Riddor is quite straightforward to follow.
It needs to be determined from the incident/accident
* the status of all involved, employed, self-employed, member of the public
* the injuries sustained
* if no injuries, then was the incident a dangerous occurrence as defined in Riddor
With respect to Riddor
Understand the idea behind the regulations
The key trigger points with respect to the time requirements for reporting / time off work
The defined major injuries - at least that they exist and to know that the list should be checked
The defined dangerous occurrences - again, at least that they exist and the list to check
How members of the public are reated by Riddor
As per my posts and others, the initial question cannot be answered because the relevant information was not provided. If it had been provided then I would suggest that the OP wouldn't have needed to have asked the question in the first place.
I see nothing wrong in advising somebody to go and read the relevant guidance and to learn what the key points are of Riddor and how they might apply to a given situation. If after that, further clarification/assistance is required, then no problem in giving assistance.
It seems to be very lazy safety management to put half a story on this dicussion board and to then expect others to answer the question for you, with limited information.
As previous self-study/research is good tool in professional development.
|
|
|
|
Rank: Super forum user
|
Latchy,
Given that the police were involved (#1), I assumed that you were talking about the incident occurring on a public highway & you seemed to confirm this in your post at #5.
I would therefore suggest that as Bob Youel has already advised that as it looks almost certainly to be an RTC, then no report is required under RIDDOR.
I hope that helps.
Zyggy
|
|
|
|
Rank: Forum user
|
Quote=JJ Prendergast]As Canopener said - most of Riddor is quite straightforward to follow.
It needs to be determined from the incident/accident
* the status of all involved, employed, self-employed, member of the public
* the injuries sustained
* if no injuries, then was the incident a dangerous occurrence as defined in Riddor
With respect to Riddor
Understand the idea behind the regulations
The key trigger points with respect to the time requirements for reporting / time off work
The defined major injuries - at least that they exist and to know that the list should be checked
The defined dangerous occurrences - again, at least that they exist and the list to check
How members of the public are reated by Riddor
As per my posts and others, the initial question cannot be answered because the relevant information was not provided. If it had been provided then I would suggest that the OP wouldn't have needed to have asked the question in the first place.
I see nothing wrong in advising somebody to go and read the relevant guidance and to learn what the key points are of Riddor and how they might apply to a given situation. If after that, further clarification/assistance is required, then no problem in giving assistance.
It seems to be very lazy safety management to put half a story on this dicussion board and to then expect others to answer the question for you, with limited information.
As previous self-study/research is good tool in professional development.
Are you still on this post, the hole was dug, but thanks for your redeeming qualities
|
|
|
|
Rank: Super forum user
|
OK - I'm gone.
This is now no longer on topic!!
Frank Hallett
|
|
|
|
Rank: Super forum user
|
There's none so blind as those who will not see.
|
|
|
|
Rank: Forum user
|
Post 17, Jonpsych suggest " report it anyway, - won't make any difference".
As has been pointed out on other occasions RIDDOR reporting have been used by the HSE as "the investigation" for implementing a Fee For Intervention charge.
Be careful and be warned.
Rodger Ker
|
|
|
|
Rank: Super forum user
|
There's none as blind has those who can't see.
Perfect absolutely perfect.
Ps thanks to all that have supported me!!!!
Perfect and apt........l
|
|
|
|
Rank: Forum user
|
Latchy, nothing is wrong.
You have correctly identified by consulting the guidance that traffic accidents on public roads are exempt except where loading etc is involved.
So (if this was indeed a traffic accident on a public road and loading etc was not involved), you have answered your question about whether or not this is a RIDDOR.
All the other stuff about whether the driver was at work or not and what injury was sustained and whether anyone went to hospital is now irrelevant, because you have discovered the key test to apply to this incident.
And you've done it yourself without needing anyone to tell you the answer, by consulting the guidance.
Job done - what's the matter?
|
|
|
|
Rank: Super forum user
|
But the OP didn't do it by himself. If he had, he wouldn't have needed to post in the first place.
|
|
|
|
Rank: Forum user
|
I'm referring to post 11, in which Latchy answers his own question.
|
|
|
|
Rank: Super forum user
|
rodgerker wrote:Post 17, Jonpsych suggest " report it anyway, - won't make any difference".
As has been pointed out on other occasions RIDDOR reporting have been used by the HSE as "the investigation" for implementing a Fee For Intervention charge.
Be careful and be warned.
Rodger Ker
Absolutely, there are at least pretty good 2 'arguments' against reporting 'just in case'.
1. That some RIDDOR reports (in particular 'ill health' reports e.g. HAVS) will potentially result in an intervention. In fairness in this particular instance the chances of this happening are close to nil.
2. That if the employer is in the business of tendering for work, many PQQ's will ask and score you against your accident experience, including the number of RIDDOR reports, and unnecessary reports may subsequently place you at a commercial disadvantage.
|
|
|
|
Rank: Forum user
|
3. That it's unprofessional not to bother to find out whether the accident is actually reportable.
4. That it wastes the HSE's time.
|
|
|
|
Rank: Super forum user
|
Just because the police rule out a criminal offence does not rule out a civil claim. RIDDOR or not do a full investigation including the IP version. Car parks are normally not viewed by the police with any seriousness as they are not public highways.
I suspect the van driver is at work from the time he sets off from home as he appears to be a peripatetic wprkert
Bob
|
|
|
|
Rank: Super forum user
|
Where is that edit key???????????????????
|
|
|
|
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.