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pl53  
#1 Posted : 25 June 2014 09:39:01(UTC)
Rank: Super forum user
pl53

Where does the responsibility lie for RIDDOR reporting for accidents to agency workers. The agency worker is contracted to and paid by the agency. The agency class the worker as self-employed. The worker has an accident at a client's site, who is responsible for reporting. The agency to whom the worker is contracted or the client. If you don't really know the answer please ignore this. I have an opinion on the question but I would like a definitive answer if possible.
Canopener  
#2 Posted : 25 June 2014 09:55:52(UTC)
Rank: Super forum user
Canopener

Mmmmm. Well I wonder if you're likely to get a 'definitive' answer?! But, If I am allowed to express an opinion, if you read the regs I think you will find that it is an employer responsibility. Who the employer is for the purposes of RIDDOR is possibly debatable, but it might well be the agency. I would suggest that you agree the responsibility for this at the start of the contract alongside some of the other H&S issues that arise with monotonous regularity e.g. PPE etc. I have always tended to report these myself on the basis that we are in total control of the activity (and that is what we have agreed with the agency). Definitive? Oh no! Am I in bother for trying to give an answer though?
fairlieg  
#3 Posted : 25 June 2014 10:01:53(UTC)
Rank: Forum user
fairlieg

From the guidance if the agency class them as SE then the host business as the premise controller should report? It doesn't really take into account if A has a contract with B, B then uses an agency to place a self employed person on A site. In this case B is the host business for the self employed person who is carrying out B's undertaking at A site, in which case B should report as there is no contractual relationship between A and Self employed person B is in control of the work the self employed person is doing........ well that's just my thoughts good luck with the definitive thing though "The employment status of agency workers is not always clear to the worker, or to the organisations who are supplied with labour. In many cases, the employment agency is the legal employer, and is under the same legal obligations as any other employer to report accidents and ill health to their employees. In other cases, for instance where workers are self employed, the duty is on the host business to report accidents as the person in control of the premises where an accident occurs. Self-employed persons are responsible for reporting accidents which occur on their own premises, and ill-health conditions. In practice, agencies should ensure that responsibility for reporting under RIDDOR is clearly assigned to the appropriate person based on the particular facts of the employment relationship. Agencies should ensure that reporting responsibilities are clearly understood by host businesses and the worker"
pl53  
#4 Posted : 25 June 2014 10:36:17(UTC)
Rank: Super forum user
pl53

Fairleg has it. Got the answer a few minutes ago from the HSE. Under normal circumstances it would be the agency that would have to report, but because the IP is classed as self employed the responsibility lies with the host company.
bob youel  
#5 Posted : 25 June 2014 11:47:52(UTC)
Rank: Super forum user
bob youel

if in doubt go with 'Fairleg' noting that the controller of an undertaking has many responsibilities
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