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Taking out all the sensitivity and getting to the point , am I right in thinking no duty is owed and so therfore not reportable to the HSE ?
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Rank: Forum user
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To vague for a simple yes or no, are there any relating circumstances?
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Rank: Super forum user
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If there's anything obviously connected with work that contributed to it, reportable.
If something comes to light later on, report it then.
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Rank: Super forum user
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Doctor (and/or health records) might say the person had a condition that was stress-related.....
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Rank: Super forum user
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RIDDOR and reporting to HSE is about "Injuries, diseases & dangerous occurences"--all have to be " out of or in connection with work". An death during lunch-break or even at work is not be RIDDOR reportable, unless it meets the RIDDOR criteria!. Incidently, "stress" is NOT a RIDDOR reportable disease (illness) It is likely that for any death in a work-place ( even at lunch-break) the police are informed by the emergency responders as a matter of routine and if the police deem it necessary, they may invlove the HSE. Work-related Deaths Protocol http://www.hse.gov.uk/pubns/wrdp1.pdf
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Rank: Super forum user
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Uddin v Associated Portland Cement Manufacturers Ltd
I seem to recall that Uddin was feeding the pigeons on his lunchbreak at the time of injury.
OP does not state whether death occured on company premises or not.
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Rank: Super forum user
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‘Uddin v Associated Portland Cement Manufacturers Ltd’ is not relevant here. That was a case about the issue of contributory negligence which has nothing to do with RIDDOR. From the original post we don’t know where the death took place and what were the circumstances leading up to the death. These are the factors that will decide whether it is a RIDDOR or not.
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Rank: Super forum user
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quote=lisar]Taking out all the sensitivity and getting to the point , am I right in thinking no duty is owed and so therefore not reportable to the HSE ? At the risk of being facetious, (or accused or being) if the person had their arm traumatically amputated in an unguarded machine and then sat down to have their lunch and subsequently bled to death, then I would suggest that this would be reportable. And before anybody takes my example too literally, I am merely trying to make the point that if you provide the briefest of details you can't realistically expect an informed answer!
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Rank: Super forum user
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stevie40 wrote:Uddin v Associated Portland Cement Manufacturers Ltd
I seem to recall that Uddin was feeding the pigeons on his lunchbreak at the time of injury. I love the way some of these stories evolve. No idea what the actual truth is [don't really care] but the version in my head is Mr Uddin atop a ladder with a stick trying to kill the pigeon. Any other versions? Teaching the pigeon to fly? Mimicing the pigeon for entertainment purposes? Did he have a magic act?
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Rank: Forum user
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Canopener wrote:quote=lisar]Taking out all the sensitivity and getting to the point , am I right in thinking no duty is owed and so therefore not reportable to the HSE ? At the risk of being facetious, (or accused or being) if the person had their arm traumatically amputated in an unguarded machine and then sat down to have their lunch and subsequently bled to death, then I would suggest that this would be reportable. And before anybody takes my example too literally, I am merely trying to make the point that if you provide the briefest of details you can't realistically expect an informed answer! Sorry but this was hot off the press with HR flapping about doing a risk assessment and I had very little information as to the exact loaction this occured, however it was on his route home to lunch near a train station.
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Rank: Super forum user
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lisar wrote: .... he was on his route home to lunch near a train station.
So he wasn't AT work.... Hey it was good to wait till Friday to tell us :o))
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Rank: Super forum user
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Something seems odd, why did HR think you should do a risk assessment (for going home?).
The question is, is there any part of this persons work that caused / contributed to their demise. If so does it meet the criteria in RIDDOR. If no then no, if yes then possibly. I'm not sure where they actually were when they died matters. ie he looks a bit pail, get him out of that hot, fume filled confined space and send him home quickly, this guy has heart and blood pressure problems.
I'm sure this is not the case, but due to the lack of information only you know if work contributed. I would investigate what they were doing before hand and satisfy myself.
Chris
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