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Bill6152  
#1 Posted : 25 August 2016 12:41:22(UTC)
Rank: Forum user
Bill6152

Van driver out delivering has road rage incident and a youth on moped smashed the drivers side window, resulting cut to drivers eye. Will result on over 7 days absence , do you think Riddor reportable? Thanks Bill
Invictus  
#2 Posted : 25 August 2016 12:48:09(UTC)
Rank: Super forum user
Invictus

No, road traffic incident report it to the police.
hilary  
#3 Posted : 25 August 2016 12:49:18(UTC)
Rank: Super forum user
hilary

I was going to say that but it wouldn't let me post ......
A Kurdziel  
#4 Posted : 25 August 2016 13:17:49(UTC)
Rank: Super forum user
A Kurdziel

This is why people hate RIDDOR-this comes from the HSE QAs about RIDDOR- “Q. A security guard suffered a broken arm when a thief hit him while making a getaway in a car. Is this reportable? A. If the car was being driven on a road, it is not reportable. If this was in a private area, it would be reportable as an act of non-consensual violence to a person at work”. So is the incident not reportable, because it is on public highway or because it is not “at work”? I would venture to say that the incident with the lorry driver is reportable as, although is happened on the public highway, it was at work and not something to do with Road traffic offences but simple non-consensual violence.
pl53  
#5 Posted : 25 August 2016 14:03:54(UTC)
Rank: Super forum user
pl53

Sorry I can't see any ambiguity there. If the incident was on a road it's an RTA and not reportable If in a private area ie not on a public highway it is an act of non-consensual violence against someone at work --- reportable. This incident would not be reportable because it is an RTA on a highway
pl53  
#6 Posted : 25 August 2016 14:06:59(UTC)
Rank: Super forum user
pl53

The cut to the eye was as a result of an RTA on a public highway. The cause of the RTA is irrelevant as is the fact that the IP was at work. Not reportable
RayRapp  
#7 Posted : 25 August 2016 14:11:01(UTC)
Rank: Super forum user
RayRapp

A Kurdziel wrote:
This is why people hate RIDDOR-this comes from the HSE QAs about RIDDOR- “Q. A security guard suffered a broken arm when a thief hit him while making a getaway in a car. Is this reportable? A. If the car was being driven on a road, it is not reportable. If this was in a private area, it would be reportable as an act of non-consensual violence to a person at work”. So is the incident not reportable, because it is on public highway or because it is not “at work”? I would venture to say that the incident with the lorry driver is reportable as, although is happened on the public highway, it was at work and not something to do with Road traffic offences but simple non-consensual violence.
Surely based on your logic the security guard example would also be reportable because he was at work and suffered non-consensual violence. However, the Q&A makes it quite clear if it was 'on a road', it is not reportable'.
O'Donnell54548  
#8 Posted : 25 August 2016 15:08:13(UTC)
Rank: Forum user
O'Donnell54548

Sorry if I am being a bit thick, but when did assault become a road traffic accident?? as it appears from the HSE Q&A.
pl53  
#9 Posted : 25 August 2016 15:19:28(UTC)
Rank: Super forum user
pl53

In the HSE example he was hit by the car not the person. If it was on a highway it would be an RTA. The police would have jurisdiction.
Mr.Flibble2.0  
#10 Posted : 25 August 2016 15:24:38(UTC)
Rank: Forum user
Mr.Flibble2.0

I would say yes on this one because it was an act of violence resulting a 7 day absence not as a result of a collision.
pl53  
#11 Posted : 25 August 2016 15:28:47(UTC)
Rank: Super forum user
pl53

It was a collision, the youth on the moped collided with the van, breaking the mirror. The result was a cut eye, caused by an RTA---- not reportable
Mr.Flibble2.0  
#12 Posted : 25 August 2016 16:09:27(UTC)
Rank: Forum user
Mr.Flibble2.0

To be fair the OP does not state if it was a collision or not. The youth could of smashed the window with his hand or crash helmet. So I would say; collision no, smashed on purpose yes
jwk  
#13 Posted : 25 August 2016 16:55:55(UTC)
Rank: Super forum user
jwk

OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this: 'Where the injury or death of a person arises out of or in connection with the movement of a vehicle on a road' it is not reportable. The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road' Not reportable, John
Mr.Flibble2.0  
#14 Posted : 25 August 2016 17:15:35(UTC)
Rank: Forum user
Mr.Flibble2.0

jwk wrote:
OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this: 'Where the injury or death of a person arises out of or in connection with the movement of a vehicle on a road' it is not reportable. The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road' Not reportable, John
I'm going to pedantic, the OP doesn't state that anything is moving
toe  
#15 Posted : 25 August 2016 23:09:32(UTC)
Rank: Super forum user
toe

Reportable or not. Will the HSE or LA care about it anyway?
jwk  
#16 Posted : 26 August 2016 09:28:00(UTC)
Rank: Super forum user
jwk

Mr Flibble: if nothing moved how did the vehicles get there? RIDDOR doesn't say they have to be moving at the time... :-) John
chris42  
#17 Posted : 26 August 2016 09:40:03(UTC)
Rank: Super forum user
chris42

I read it the same as Mr Fibble, the OP said road rage. I would not have thought you would ram a vehicle with a moped in road rage. The only part of a Motorbike high enough to smash a window is the handle bar, that would be quite a manoeuvre or a full on collision surly, not just road rage. So the injury seems nothing to do with the vehicles, but of course if the OP cares they would get back to us on that point. Who knows anymore what the HSE is interested in. Chris
jwk  
#18 Posted : 26 August 2016 09:50:46(UTC)
Rank: Super forum user
jwk

Chris, As it says in the regulation: 'arising out of or in connection with'. The injury doesn't have to be directly caused by the movement of the vehicles, only 'arising out of or in connection with'. The way I see it, road rage is a Police matter, which is the supposed reason for road incidents being excluded from RIDDOR in the first place. Not reportable, John
A Kurdziel  
#19 Posted : 26 August 2016 12:30:05(UTC)
Rank: Super forum user
A Kurdziel

Once had an employee spat at by someone in a car pulling up alongside her (she was driving on company business). Was this there for an RTA as it happened on the public highway in a road vehicle?
descarte8  
#20 Posted : 26 August 2016 14:51:22(UTC)
Rank: Super forum user
descarte8

IMO its not an "RTA" but does not have to be, OP was in a vehicle on a public road when the injury occured, directly or indirectly caused by the use of their vehicle. Not reportable under RIDDOR
A Kurdziel  
#21 Posted : 26 August 2016 15:32:13(UTC)
Rank: Super forum user
A Kurdziel

Let’s replace RIDDOR with a new set of regulations, which say :if you have an incident which with hindsight it is obvious should have been reported to the HSE, you should report that incident. If this report is of an incident that the HSE is not interested in you should be charged for wasting HSE time and resources. That would clear everything up… Happy Friday
Mr.Flibble2.0  
#22 Posted : 26 August 2016 15:51:13(UTC)
Rank: Forum user
Mr.Flibble2.0

What about if that vehicle is a workplace? Say a bus driver slips over in the bus and breaks an arm while that bus is parked on a public road? By some of the definitions given on here that would still be classed as an RTA. Happy Friday :)
chris42  
#23 Posted : 26 August 2016 16:22:56(UTC)
Rank: Super forum user
chris42

jwk wrote:
OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this: 'Where the injury or death of a person arises out of or in connection with the movement of a vehicle on a road' it is not reportable. The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road' Not reportable, John
chris42  
#24 Posted : 26 August 2016 16:32:41(UTC)
Rank: Super forum user
chris42

quote=jwk]OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this: 'Where the injury or death of a person arises out of or in connection with the movement of a vehicle on a road' it is not reportable. The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road' Not reportable, John
But by the definition you kindly provided it states "movement of a vehicle on a road " This was not necessarily from movement of a vehicle. Just because there were a couple of vehicles, does not automatically mean it is not RIDDOR (ie loading and unloading is RIDDOR). But we don't know for sure if there was movement of the vehicles or not. We also don't know if it was on a public road. So lets have the answer from the OP. The out of or in connection with part is interesting and you could take this either way. Does there have to be movement at the time of the injury or can it be several minutes or even hours after when they are both in the pub and the youth spots the person who aggravated him. RIDDOR question are good, as it requires you to think about the scenario. I can certainly see why people are saying not reportable, but I don't think it is clear cut. Chris Arrrr had that funny error page with all the code in it again. then took me back to my post minuts the bit I added, grrr. New security code = q Git E, trying to tell me something and wait 5 minutes
spenhse  
#25 Posted : 26 August 2016 17:50:40(UTC)
Rank: Forum user
spenhse

Well this goes back and forth in the forum, good question as everyone has a different take on the matter. “Van driver out delivering has road rage incident and a youth on moped smashed the drivers side window, resulting cut to drivers eye. Will result on over 7 days absence , do you think Riddor reportable?” Just by the question it is evident that a few things stand out • Road rage incident a driver should be reporting immediately to the police • Did he continue to deliver / work? What was his actions following the incident? • What was his part in the incident, as road rage occurs on a majority of occasions out of frustration of another’s actions? • If the injuries sustained eye or surrounding fleshy area Usually, an RTA is dealt with at the time of the incident or thereafter, if the other vehicle details are available With regards, whether the injury is reportable under RIDDOR, then it could come under violence at workplace. As his van is his workplace, on the other hand it could me a moving vehicle. As you can see, by the responses on this thread, there is no right or wrong at the moment, as everyone is assuming, so best way forward is to get the facts and then decide, take the necessary action to prevent re-occurrence and if you still throwing the question about and unhappy with the answers Then contact HSE and discuss it with an inspector, who will be in the position of “Yes or No” on some occasions they may say report it just to be sure you cover all ambiguities Unfortunately, the individual that caused the injury through his actions by smashing the window (By Road Rage Aggression), was somewhat infuriated by the driver’s actions. Let’s establish the facts / underlying causes that caused the incident. Agree with Chris42 - it is not clear cut
pete48  
#26 Posted : 26 August 2016 18:26:16(UTC)
Rank: Super forum user
pete48

Road rage is not an offence. Common assault /battery, threatening behaviour/criminal damage/dangerous driving/due without due care etc are. So if the case is that the act of breaking the window was criminal damage and or threatening behaviour and that led to the physical injury to the employee then it is reportable under RIDDOR. If the case is that there was a road traffic collision which caused the property damage and subsequent injury then it is a RTI and not reportable. Simples. No need to consider anything else.
Invictus  
#27 Posted : 27 August 2016 20:43:13(UTC)
Rank: Super forum user
Invictus

when it comes to RIDDORZ just ask pete48.
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