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watcher  
#41 Posted : 04 April 2016 09:57:43(UTC)
Rank: Forum user
watcher

lorna wrote:
Have to love the way you all continued debating this issue after I'd already decided it wasn't reportable - and before you all jump up & down, I'm ex-enforcement, (also CMIOSH & worked in the care sector for many years) so I'm happy with my decision.
Hello Zyggy! I use the same test as you... I think we discussed it once at an ADSS meeting long long ago.


Before we all jump up and down! Charming
David Jones  
#42 Posted : 04 April 2016 13:12:10(UTC)
Rank: Forum user
David Jones

Xavier at #39
Interested in your interpretation as I know of a case very similar to how this is described that wasn't reported and resulted in the local inspector threatening all sorts as the incident should have been reported due to an over 7-day absence
Invictus  
#43 Posted : 04 April 2016 15:35:12(UTC)
Rank: Super forum user
Invictus

Maybe the inspector needs to go back and have a long hard chat with himself!
Xavier123  
#44 Posted : 05 April 2016 09:23:00(UTC)
Rank: Super forum user
Xavier123

Hi David

My interpretation in this case would be to err towards not reportable based on the information provided. My caveat would be as previously indicated that there could be circumstances that pushed this towards being reportable that we don't know about within the scenario. There may have been circumstances within your incident that actually made it reportable. I really don't think there is enough information here to be able to say that one incident is exactly the same as another and therefore properly comparable. Only the OP knows the detail and they've made their mind up accordingly.

I'm just keen that the correct test is applied. Application of the 'its at work/part of their work and therefore work-related' is probably what leads to most confusion in regard to RIDDOR and I see it quite a lot.

RIDDOR is just as capable of being misinterpreted by the enforcement community as the practice community!
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