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ColetteParry  
#1 Posted : 19 June 2014 10:57:27(UTC)
Rank: Forum user
ColetteParry

Hi all, Due to the nature of our work - we have a field force of walkers travelling on public footpaths, customers properties i.e. paths/drives etc. by foot. If one of our employee slips whilst on a public footpath or customers drive way and is off work for over 7 days - would this be RIDDOR reportable? The environment is out of our control and they aren't actually carrying out the work activity at the time of the incident, it is the travelling time between jobs. Any opinions on this would be greatly appreciated.
wjp62  
#2 Posted : 19 June 2014 11:20:52(UTC)
Rank: Forum user
wjp62

I would argue they are at work as the working time regulations include time spent travelling for workers who have to travel as part of their job. I would then say yes an injury resulting in an over 7 day injury should be reported by the employer as the employee is at work.
ColetteParry  
#3 Posted : 19 June 2014 11:39:59(UTC)
Rank: Forum user
ColetteParry

Thanks Racer - Looking at the RIDDOR definitions this states that the work activity itself must contribute to the accident the fact it happened on work time does not mean it is work related. Thoughts please RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role: the way the work was carried out any machinery, plant, substances or equipment used for the work or the condition of the site or premises where the accident happened
wjp62  
#4 Posted : 19 June 2014 12:07:42(UTC)
Rank: Forum user
wjp62

I would agree, if on public footpath and work being carried out by AN Other which caused the slip or customers drive way faults then could be reportable. As you say if the other criteria not met not reportable.
stuie  
#5 Posted : 19 June 2014 13:10:02(UTC)
Rank: Super forum user
stuie

Collette, just to muddy the waters a bit. Are they paid for the travel time between jobs? Are they where they are in connection with work - would they be there if it was not for or in connection with work? If part of their role involves walking between sites is this not 'work'? Stu
ColetteParry  
#6 Posted : 19 June 2014 13:27:30(UTC)
Rank: Forum user
ColetteParry

Hi Stuie, I am not disputing the fact they are 'at work' however based on the RIDDOR criteria as I have quoted "the fact it happened on work time does not mean it is work related" They must meet the following criteria to be classes as 'in conncetion with work' An accident that happens ‘out of or in connection with work’ the work activity itself contributes to the accident. An accident is work related if any of the following played a significant role: • The way the work was carried out • Any machinery, plant, substances or equipment used for the work or • The condition of the site or premises were the accident happened
Farrall900153  
#7 Posted : 19 June 2014 13:41:38(UTC)
Rank: Forum user
Farrall900153

Hi Collette, Interesting question :0) I think the answer is: "it all depends" (a typical consultancy answer!) Assume, for sake of argument, that their work was erecting signposts for an estate agent and they were walking from one house to another when they fell. That is clearly "travelling" and not "work related activity" even though they were being paid at the time. So I would argue that this incident would not be reportable. If, however, they were walking up a customer's drive to erect a sign and they fell then the incident is SIGNIFICANTLY associated with the work related activity of putting up signs - so it would be reportable. In all of the above, of course, I'm assuming that all the other criteria such as over-7 days have been met before a report is submitted :0) I think the key element to consider is that the work activity must have made a SIGNIFICANT contribution to the accident.
ColetteParry  
#8 Posted : 19 June 2014 14:15:46(UTC)
Rank: Forum user
ColetteParry

Thanks Farrall, In the example you used the work place/work area is actually the garden (were the sign is erected) In our case, the work area would be inside the customer premises. Where does it become applicable? the moment they set over the threshold to the property grounds or once they actually enter the customer premises? I know its a grey area - its a massive problem for us that majority of our incidents happen in environments out of our control.
Farrall900153  
#9 Posted : 19 June 2014 14:24:06(UTC)
Rank: Forum user
Farrall900153

Hi Colette, I think each case would turn on whether the work activity played a significant part in the accident mechanism. If they fell over the client's doorstep on arrival then it's probably not reportable; if they trip and fall when carrying materials into the client's premises then probably it is reportable because there's a direct - and strong - link between the accident mechanism and the work activity. Just a comment in passing - and I'm sure you've already taken care of this :0) - but if this is "a massive problem" as you suggest then have your risk assessments been reviewed and your safe systems of work updated to try and cover this issue?
ColetteParry  
#10 Posted : 19 June 2014 14:38:37(UTC)
Rank: Forum user
ColetteParry

Thanks for your comments Yes we have reviewed our RA and SSW along with a ramp up in communications and training on the issues. Due to the amount of guys we have out there and the amount of jobs done on a daily basis the number of incidents are low - however they still do happen, as we can not remove the need to travel between jobs on foot (similar activity to postmen) and having given the relevant PPE, awareness and training to help raise awareness. I am not sure what else we can do as the environment they are working in we can not control.
MrsBlue  
#11 Posted : 19 June 2014 14:48:24(UTC)
Rank: Guest
Guest

Farrall900153 wrote:
Hi Colette, If they fell over the client's doorstep on arrival then it's probably not reportable; if they trip and fall when carrying materials into the client's premises then probably it is reportable because there's a direct - and strong - link between the accident mechanism and the work activity. I don't agree with your example - what about individual responsibility in respect of planning your route and observing obstacles etc when manual handling. If this happened in my home I would put it down to the workers totally inability to plan and site his/her negligence as defence in any litigation. It is not down to me to tell him/her how to cross a threshold into my property. The world needs to get real - and I know some of you will come back and say I'm wrong. Rich
Farrall900153  
#12 Posted : 19 June 2014 15:25:33(UTC)
Rank: Forum user
Farrall900153

Rich, The points you raise are, of course, issues that may well need to be considered in designing the overall safety management strategy - but the question originally posed (and the ensuing discussion) was specifically about the applicability of RIDDOR, not issues such as negligence or personal responsibility. The (simplistic) example I gave was designed solely to illustrate the point that RIDDOR reporting requires that there be a significant link between the accident and the work task.
Evans38004  
#13 Posted : 19 June 2014 15:39:05(UTC)
Rank: Forum user
Evans38004

In my opinion it would be reportable. I work in a company that has meter readers who travel by van + walk around the countryside / villages / towns etc. If they fall/ twist their ankle & are away from work - When people ask these type of questions re RIDDOR, I look at nth degree. If the individual was killed / died because of the accident / incident - would you report that to the HSE under RIDDOR, if yes, then the 7day case is also reportable, if No, then not reportable. Are police officers / postpeople (?!?) on foot patrol exempt, if they trip & fall?
DP  
#14 Posted : 19 June 2014 15:44:02(UTC)
Rank: Super forum user
DP

Evans38004, I think you would benefit in reading and understanding duty holders responsibilities under the regs. Because if your reporting accidents where your people are falling over in other peoples demised areas your over reporting.
Pete Lithgo  
#15 Posted : 20 June 2014 05:47:46(UTC)
Rank: Forum user
Pete Lithgo

What is meant by ‘work-related’? RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role: the way the work was carried out any machinery, plant, substances or equipment used for the work or the condition of the site or premises where the accident happened The above is copied of HSE web page Work activity involves walking from A to B so I would say yes it must be reportable, so the fact we have so many different opinions I would contact the HSE for clarity, may be the system/regulations needs updating ?? I read the above to be bit contradictive What I would add going by what you have written, you have covered the issue as far as reasonable practicable. Which may be take you onto another topic are all incident avoidable ?? will you ever remove human error ??
stuie  
#16 Posted : 20 June 2014 09:43:33(UTC)
Rank: Super forum user
stuie

Why as professionals do we always look (in general these type of posts do at least) for reasons not to report? Have we got something to hide? I for one (as many others appear too also) find the RIDDOR regs confusing and contradictory at best, but why do we look for reasons not to report as opposed for reasons to report? Are we thus fuelling the under reporting that we as a profession suspect that goes on? If as honest and upstanding people we are not reporting then what is the chance of those with other motives reporting when they should? Is it the fear of FFI - but if you are not doing anything wrong then you have nothing to hide by complying with the regs and reporting? Discuss. Stuart
tenn1svet  
#17 Posted : 20 June 2014 12:51:39(UTC)
Rank: Forum user
tenn1svet

Stuie, I feel I score strongly on ethical behaviour (at least my psychometrics suggest so!), but to ask “what are we hiding?” is, I feel, missing some of the point. I’m sure you know this, but for those who don’t: RIDDOR reports are one of the often purely statistical criteria that many businesses are measured on, both in procuring new work and maintaining existing contracts. In tendering for new work, if our RIDDOR incident rate is above whatever “x” the client decides, then that will put our tender submissions at a disadvantage at best, and exclude them at worst. In these situations, there is rarely an opportunity to “explain” the individual incidents (if that is, indeed, possible). Additionally, one large contract we have specifies the “reportable incident rate” above which we put our continued employment at risk. It’s brutal and it’s wrong to my mind but, and this is the crux, it’s there in black and white, we’ve signed up to it, we have no option. Having said all that, RIDDOR plays no direct part in how we manage our H&S. We prefer to act on Lost Time incidents (LTis) as the 7-day cut-off feels like it’s just a line someone has drawn in the sand: it’s possible to have lots of LTis without having a single RIDDOR. So when: there may be 200 jobs at risk (as in my case) if I get it wrong; when the legislation is so open to interpretation that even in here, as professionals, we can’t provide a definitive answer; then it’s no wonder that, without hiding anything or being evasive, some people hesitate to report and certainly don’t report “just in case”. Heck, the evaders aren’t posting on here, for heaven’s sake, they’re out there injuring people and ignoring that particular regulation. Absolute fact. So, while always reporting when I need to, I’d rather have the discussion with the HSE about why I’d interpreted the wooly regs wrong than have the discussion with the DWP about what time I have to sign on next week (and have to imagine that discussion being had by 200 or so former colleagues). (and, by the way, our LTi rate is currently zero, so this is not an excuse for poor statistics on our part!) Was that a rant? Then it’s over. Brian. ;-)
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