Rank: Forum user
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Hi,
An employee of ours attended another employers site for training and suffered an accident which kept them off work for more than 7 days. Who should report - us as the employer or them as the person in charge of the premises?
Thanks
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Rank: Super forum user
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Given the circumstances - your employee on training having an accident which has subsequently become an over seven day injury after leaving the premises of another I would say you as it is unreasonable to expect the premises occupier to be aware of what has happened.
Out of courtesy I would be in touch with them to advise the employee is now over seven day and you intend to file a RIDDOR.
Take it you already have a copy of their accident investigation?
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Rank: Super forum user
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Given the circumstances - your employee on training having an accident which has subsequently become an over seven day injury after leaving the premises of another I would say you as it is unreasonable to expect the premises occupier to be aware of what has happened.
Out of courtesy I would be in touch with them to advise the employee is now over seven day and you intend to file a RIDDOR.
Take it you already have a copy of their accident investigation?
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Rank: Super forum user
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Would it not depend on the cause of the accident? For example, if the injury was caused by an unsafe condition on the premises then I would expect the training provider to report the RIDDOR once notified by the employer.
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Rank: Super forum user
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RayRapp wrote:Would it not depend on the cause of the accident? For example, if the injury was caused by an unsafe condition on the premises then I would expect the training provider to report the RIDDOR once notified by the employer.
But would not the employee just be a member of the public to the training company? (they were not there working for the training company) so it would not be reportable unless they were taken from the scene of the accident to hospital for treatment to that injury. From what is written in the OP they are looking at the over 7 day issue, so I would not have thought it reportable by the training company.
Reportable by the employer, I'm not sure about that either. Were they actually hurt as a result of :-
- the way the work was organised, carried out or supervised;
- any machinery, plant, substances or equipment used for work; and
- the condition of the site or premises where the accident happened.
So struggling to see how it could be up to the employer either as it was not their premises or they didn't organise the work ( as such) and any equipment is unlikely to be theirs.
I'm sure someone will correct me if there is a flaw in my logic
Chris
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Rank: Forum user
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As a genuine question, does it really matter which party reports it under RIDDOR?
If an incident is RIDDOR reportable (which a 7 day is) isn't the priority to ensure that the report is made? Having got into the odd back & forth on reporting in the past, I now tend to take ownership and get it written up and send the other parties involved a courtesy notification. I (perhaps wrongly) tend to work on the basis that once a reportable incident has occurred it's a bit late to argue over which lucky ****** gets to fill in the paperwork. This might be a naiive and occasionally contentious approach, but it means that the report gets done and removes any issues that may arise later in the event of a claim etc.
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Rank: Super forum user
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AD wrote:As a genuine question, does it really matter which party reports it under RIDDOR?
If an incident is RIDDOR reportable (which a 7 day is) isn't the priority to ensure that the report is made? Having got into the odd back & forth on reporting in the past, I now tend to take ownership and get it written up and send the other parties involved a courtesy notification. I (perhaps wrongly) tend to work on the basis that once a reportable incident has occurred it's a bit late to argue over which lucky ****** gets to fill in the paperwork. This might be a naiive and occasionally contentious approach, but it means that the report gets done and removes any issues that may arise later in the event of a claim etc.
I agree.
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Rank: Forum user
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I agree too. In my opinion, my company's employee = my responsibility to make sure that it's reported. On the rare occasion that I have completed the report for somebody else's employee, the investigation has found that the root cause was the somebody else's practices & I really doubted that they would have reported (knowing all the other gaps in their systems).
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