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johnfitz  
#1 Posted : 29 June 2017 13:08:33(UTC)
Rank: Forum user
johnfitz

Can anyone clarify that as a PC, what are the RIDDOR responsibilites for when two sub-contractors who work for the same company end up fighting with each other on your site over a non work related incident?

They are both back in work after two days off with one of them having a broken jaw.  Police had been infomred but should this also be a RIDDOR for the sub-contractor to report?

gramsay  
#2 Posted : 29 June 2017 13:10:44(UTC)
Rank: Super forum user
gramsay

No.

thanks 1 user thanked gramsay for this useful post.
DavidGault on 03/07/2017(UTC)
Hsquared14  
#3 Posted : 29 June 2017 13:22:46(UTC)
Rank: Super forum user
Hsquared14

It is questionable about whether it is reportable under RIDDOR but you would have to establish the full facts of the reason for the fight.  Here is a direct quote from the Guidance "This specifically includes acts of non-consensual violence to people at work"  There is no mention of whether the violence developed because of a work matter or a non-work matter it is the "consensual" bit that counts.  My advice would be to report it and let the HSE do what they will with the report.  But I think you have a bigger issue here than whether to report this particular incident!

gramsay  
#4 Posted : 29 June 2017 13:34:55(UTC)
Rank: Super forum user
gramsay

"fighting with each other on your site over a non work related incident" is relevant. RIDDOR is about identifying dangerous work and workplaces, not just "stuff that happens at work".

From INDG453:

Not all accidents need to be reported, a RIDDOR report is required only when:

  • the accident is work-related, and
  • (other stuff not relevant to this case)

"Work-related" is clearly defined and does NOT include two blokes arguing about football or whatever other reason the OP had for saying "a non work related incident".

Hope that helps.

Stuart Smiles  
#5 Posted : 29 June 2017 14:48:05(UTC)
Rank: Forum user
Stuart Smiles

is it also worth asking the question of do you want them, both or either back at work?

what commitment and liklihood is there to a similar incident not happening again? 

it was said somewhere to "not waste a crisis..."

if they are subcontractors to you as PC is it something you want to address going forward - should an example be made of excluding from site? 

Elfin Davy 09  
#6 Posted : 29 June 2017 15:25:03(UTC)
Rank: Super forum user
Elfin Davy 09

Johnfitz

Below is taken directly from the HSE's website (under FAQ on Violence at Work as it relates to RIDDOR reporting):-

Q. Our receptionist was injured when she was hit at work. The assailant was her partner and the argument was about their personal life, not work. Is this reportable?

A. No. Although acts of non-consensual physical violence to a person at work are included in the definition of an accident, the accident must be work-related. This was not, it was a personal matter.

Although (presumably ?) your contractors aren't partners, the "disagreement" in question appears to have been a personal matter nonetheless, so I think it's fair to say that the same guidelines should apply.

Therefore, no, not RIDDOR reportable.

Cheers, Elfin

PIKEMAN  
#7 Posted : 29 June 2017 15:26:14(UTC)
Rank: Super forum user
PIKEMAN

If anyone should report, surely this is their employer, not the PC?

WatsonD  
#8 Posted : 30 June 2017 07:19:51(UTC)
Rank: Super forum user
WatsonD

Surely the RIDDOR clause is about someone being attacked in the course of their duties i.e. nurse of policeman, etc.

If two blokes decide to have a fight this is "consensual" violence, isn't it?

Also, yes it is the employers responsibility to report. And I would definitely not have them back on my site.

Invictus  
#9 Posted : 30 June 2017 07:25:07(UTC)
Rank: Super forum user
Invictus

Originally Posted by: WatsonD Go to Quoted Post

Surely the RIDDOR clause is about someone being attacked in the course of their duties i.e. nurse of policeman, etc.

If two blokes decide to have a fight this is "consensual" violence, isn't it?

Also, yes it is the employers responsibility to report. And I would definitely not have them back on my site.

I'm with you it's not work related just because it happened on a site, no one was attacked they had a fight. I dealt with a similar situation once in the days you could ask the HSE for advice and was told 'no' it is doen to HR procedures of what action was taken.
Curious1  
#10 Posted : 30 June 2017 08:02:42(UTC)
Rank: Forum user
Curious1

This should be a HR matter. 

In my humble opinion this is Gross Misconduct and both should be sacked on the spot !

thanks 1 user thanked Curious1 for this useful post.
DavidGault on 03/07/2017(UTC)
johnfitz  
#11 Posted : 30 June 2017 08:07:17(UTC)
Rank: Forum user
johnfitz

Thanks all.

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