Rank: Forum user
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A member of staff had a traffic accident in her own car on her way home from work.
She was not at her permanent office, but delivering training at another location.
Would this be considered an accident at work as she was not travelling from her normal workplace?
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Rank: Forum user
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Hi Amber,
A questions that has been debated several times on these forum pages so perhaps worth a wee review of those threads.
However, as an organisation you are free to define your own "at work" accidents. So you may very well call this an "at work accident" and include this type of driving within your occupational road risk arrangements and reporting.
If you are asking this question within the realms of RIDDOR, then that is relatively easy to answer - it is not currently a requirement of RIDDOR.
My own views are that you may want to look at all such accidents in more detail because if you have asked this employee to drive say 4 hours, deliver an 8 hours training course then drive back 4 hours (perhaps longer with rush hour traffic) then that is a lot of "on duty time" and I would suggest you would need to determine if your organisation is happy asking people to do that kind of duty time (either because it is something they don't do often and are therefore not used to it, or because they do it that often then they will be tired and at risk of accident). Some organisations will determine that if a duty time of more than 14 hours is expected then an overnight stay should be built in.
The HSE have been known to investigate an occasional at work driving on public roads incident (once the police advise them of an at work incident, and normally if a fatality is involved)
So I guess my thoughts really don't answer the question, but you are probably better to have such accidents reported to you so you can evaluate any organisational contributions that may occur. In the main it is unlikely that short distance driving home from work would attract any concern, but in this game you never know !!!!
If not already in your risk assessment portfolio then consider the need to include Occupational Road Risk as one of the considerations.
Stuart
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Rank: Super forum user
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My employers (a local Council) require that anyone using their own car have appropriate business insurance on the vehicle. It would seem that insurers believe this to be an "at work" incident.
Does not mean that the HSE use the same criteria though!
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Rank: Super forum user
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I would consider recording it in your own accident records and investigating. What if the driver is not actually fit to drive and they do drive on work time? Potentially could invalidate your insurance... Although having said that, we take copies of everyone's licences every 12 months to check for this sort of thing.
As everyone has said already, not RIDDOR but I would have it on my accident records.
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Rank: Super forum user
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Amber
HSWA Section 52 defines “at work” – an employee is at work throughout the “course of his employment”.
The “course of employment” has been subject to extensive case law dating back to historic Workers Compensation Acts and has been sufficiently widely interpreted as to apply to work-related travel accidents (but not accidents on what is “substantially the same as his ordinary commuting journey”).
Current practice is generally to consider HMRC rules when distinguishing between commuting and “at work” business travel”. See extracts from 490 Employee travel A tax and NICs guide for employers below:
The basis of tax relief for employee travel and subsistence
1.7
Employees are entitled to relief for the full cost they are obliged to incur travelling in the performance of their duties or travelling to or from a place they have to attend in the performance of their duties – as long as the journey is not ordinary commuting or private travel.
Example
Austin is an installation engineer who works at the premises of his employer’s various clients throughout the United Kingdom. ……... One week he travels between his home in Dover to a temporary workplace in Gloucester, staying in a hotel for four nights and, then returning to Dover. The cost of the return journey is £130. The cost of subsistence (four nights in the hotel plus meals) is £300.
Austin is entitled to relief for the full cost of his business travel, £430.
Journeys treated as ordinary commuting or private travel
4.10
Sometimes an employee may travel to a temporary workplace without that journey being significantly different from their ordinary commuting journey.
Where that happens the tax rules deny relief in circumstances where, for practical purposes, a journey is very similar to the employee’s ordinary commuting journey.
Example
Keith is a health and safety inspector who lives in Leicester. His office in Nottingham is 500 yards away from a bean processing plant. When he travels direct from home to the processing plant he is going to a temporary workplace but his journey is substantially the same as his ordinary commuting journey so he is not entitled to any relief.
Somewhat in contrast:
Passing work on the way to somewhere else
3.39
An employee may pass a permanent workplace on the way to or from a temporary workplace. If the employee stops and performs substantive duties at the permanent workplace then there are two journeys – ordinary commuting between home and the permanent workplace and a business journey between the permanent workplace and the temporary workplace.
Relief will be available for the cost of the second of these journeys – but not the first.
Where the employee does not stop at the permanent workplace, or any stop is incidental to the business journey, all the business travel is as a single journey.
Example
Ike drives each day between his home in Southampton and his office in Winchester. One
day he has to travel on business to Birmingham and back. He drives directly from home to
Birmingham but stops off at his office to pick up some papers. His stop is incidental to his
business journey. His business journey is from his home in Southampton to Birmingham
and back. Relief is available for the cost of his journey from his home to Birmingham
and back.
This last example is somewhat surprising to me. I had always the thought that when part of the journey was substantially the same as a person’s commute, “at work travel” was basically the difference between total mileage (by whatever method) less that part of the travel that was substantially a commute.
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Rank: Super forum user
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It depends upon the context and reporting criteria.
RIDDOR--not reportatable, even if over 7 day etc--as it was a RTA--simple. RTA's are not reportable unless specific conditions aremet
Regarding accident book and internal reporting systems of your company, it is best to define such aspects before such accidents occur. If it was our company, we would record it internally as the individuad was not commuting, but on a work related trip (to deliver training).
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Rank: Super forum user
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Some really good answers here and to support those answers;
It is only when a person is travelling home after work from their 'permanent' place of work that they are outside the employers duty of care areas so the accident as described is an accident at work as they were travelling home from a 'none permanent' place of work on behalf of their employer [there is case law here] and as already noted RIDDOR does not apply in a case where an RTC happens on a road that comes under the Highways Act and associated law
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