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Baron  
#1 Posted : 16 May 2016 10:48:01(UTC)
Rank: Forum user
Baron

Hi there, A couple of questions. 1 - In theory, would an injury to an employee that is attributed to carrying out an act of rescue (by a Search and Rescue Helicopter Mission - Commercially operated) be applicable to RIDDOR? I.E the injury happens to the employee during a winching rescue operation...? 2 - If the above injury happens the day before the employee is due to go off shift for argument sake, a period of >7 days and in normal circumstances the injury would be reportable, but the recovery tales place in the employee's own time, would this be reportable to RIDDOR? Putting the moral view aside for a moment, surely if someone injures themselves at work and the recovery period meets the requirements for RIDDOR, then even if the IP is 'at work' or 'off shift' the injury is reportable? Welcome feedback! B
David Bannister  
#2 Posted : 16 May 2016 11:18:52(UTC)
Rank: Super forum user
David Bannister

The 7 day period relates to ability to perform the usual tasks, not attendance at work. Presumably this is a rescue within territorial waters.
Ian Bell2  
#3 Posted : 16 May 2016 11:27:54(UTC)
Rank: Super forum user
Ian Bell2

Any airborne incidents are covered by aviation law, overseen by the CAA. Investigation would be by the AAIB.
flysafe  
#4 Posted : 16 May 2016 12:41:40(UTC)
Rank: Forum user
flysafe

The following link should help you https://www.caa.co.uk/Ou...ious-incident-reporting/
gramsay  
#5 Posted : 16 May 2016 15:17:10(UTC)
Rank: Super forum user
gramsay

Baron wrote:
1 - In theory, would an injury to an employee that is attributed to carrying out an act of rescue (by a Search and Rescue Helicopter Mission - Commercially operated) be applicable to RIDDOR? I.E the injury happens to the employee during a winching rescue operation...? 2 - If the above injury happens the day before the employee is due to go off shift for argument sake, a period of >7 days and in normal circumstances the injury would be reportable, but the recovery tales place in the employee's own time, would this be reportable to RIDDOR?
1 - YES. Note - you said "applicable to": an employee such as this IS covered under RIDDOR but whether or not the actual injury is reportable depends on whether it meets the three tests for what is a work-related injury. 2 - YES. All that matters is whether or not the person is unable to perform the full range of their duties, not what else they might have been planning to do with their time. This is why some people can claim back holiday time from their employer if their injury leave them incapacitated during annual leave. CAA / AAIB reporting is really for other things UNLESS the injury was directly related to the aircraft. It may apply in this case if, for example, the injury was the result of a winch failure, but that wouldn't preclude reporting under RIDDOR.
Baron  
#6 Posted : 16 May 2016 18:07:56(UTC)
Rank: Forum user
Baron

Thanks for the responses. I tend to agree with gramsay. The issue with reporting such an injury via the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996, is that the injury (in question) does not meet the description for a 'serious injury' - see below: "serious injury” means an injury which is sustained by a person in an accident and which— (a) requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; (b) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; (d) involves injury to any internal organ; (e) involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or (f) involves verified exposure to infectious substances or harmful radiation. The fact that the event scenario happened during a winching exercise casts some doubt that the injury was as a result of— -being in or upon the aircraft, -direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or -direct exposure to jet blast. It could be attributed to "contact with any part of the a/c", for sure, but it doesn't meet the 'serious injury' definitions, So... That's leaves a gap, that can only be filled by RIDDOR, as I see it, as the injury does meet the 7 day rule and I see nothing in RIDDOR that would exclude Aviation, unless it meets the requirements of the 1996 Regs, which my scenario does not. FYI - the injury was a torn muscle, which resulted in the IP not being able incapacitated for routine work for more than seven consecutive days. Thanks Barry.
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