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LATCHY  
#1 Posted : 29 May 2018 11:59:59(UTC)
Rank: Forum user
LATCHY

Would an incident still be reportable under RIDDOR  if an employee was completing a task which he should not have been doing and while tresspassing on land they had no reason to be on, or could this be a non related work incident? comments please

Roundtuit  
#2 Posted : 29 May 2018 13:01:14(UTC)
Rank: Super forum user
Roundtuit

Use of Task makes it sound work related.

We can speculate to matters such as

Did they twist their ankle retrieving a football from a yard next door?

Get caught on the top of the fence climbing back?

A bit more of the circumstances will probably get clearer response

Edited by user 29 May 2018 13:01:58(UTC)  | Reason: FFS

thanks 2 users thanked Roundtuit for this useful post.
N Hancock on 29/05/2018(UTC), N Hancock on 29/05/2018(UTC)
Roundtuit  
#3 Posted : 29 May 2018 13:01:14(UTC)
Rank: Super forum user
Roundtuit

Use of Task makes it sound work related.

We can speculate to matters such as

Did they twist their ankle retrieving a football from a yard next door?

Get caught on the top of the fence climbing back?

A bit more of the circumstances will probably get clearer response

Edited by user 29 May 2018 13:01:58(UTC)  | Reason: FFS

thanks 2 users thanked Roundtuit for this useful post.
N Hancock on 29/05/2018(UTC), N Hancock on 29/05/2018(UTC)
Elfin Davy 09  
#4 Posted : 29 May 2018 14:16:19(UTC)
Rank: Super forum user
Elfin Davy 09

How long is a piece of string ?

It could still be RIDDOR depending on the exact circumstances, but without knowing exactly what those circumstances were, it's almost impossible to give a definitive answer unfortunately.

Edited by user 29 May 2018 14:17:14(UTC)  | Reason: Not specified

A Kurdziel  
#5 Posted : 29 May 2018 15:03:51(UTC)
Rank: Super forum user
A Kurdziel

was it a frolic?

LATCHY  
#6 Posted : 30 May 2018 09:30:05(UTC)
Rank: Forum user
LATCHY

Morning and thank you for your replies, point taken concerning more information, a member of personnel drove on to a site which was locked and they should not have been there they had no permission, they parked the van on a gravel standing, when they came to drive out of the site the van was stuck in the gravel so the personnel in question decided to go behind the van and try to push a tarnsit van with equipment loaded out of the gravel which resulted in his achilles tendon becoming detached , the question, is this still RIDDOR as he was tresspassing not completing any work for which he is contracted or can this be classed as an out of work incident

George_Young  
#7 Posted : 30 May 2018 10:00:22(UTC)
Rank: Super forum user
George_Young

Why was he at the site? was he looking for /doing something related to work or was it a rest period and wanted to find a nice place to park up and sleep?

Roundtuit  
#8 Posted : 30 May 2018 10:06:02(UTC)
Rank: Super forum user
Roundtuit

Think discussion of trespassing is a red herring.

Did they park in "nearest space available" to attend a work location or was this personal driving

Did this occur during or outside the employees normal working hours

Is the employee normally mobile i.e. works from the van or had they borrowed it

Does seem strange a single crew would attempt to push a transit - how would they steer or brake had they got the vehicle moving?

Roundtuit  
#9 Posted : 30 May 2018 10:06:02(UTC)
Rank: Super forum user
Roundtuit

Think discussion of trespassing is a red herring.

Did they park in "nearest space available" to attend a work location or was this personal driving

Did this occur during or outside the employees normal working hours

Is the employee normally mobile i.e. works from the van or had they borrowed it

Does seem strange a single crew would attempt to push a transit - how would they steer or brake had they got the vehicle moving?

O'Donnell54548  
#10 Posted : 30 May 2018 12:40:47(UTC)
Rank: Super forum user
O'Donnell54548

Originally Posted by: A Kurdziel Go to Quoted Post

was it a frolic?

A collection of frols.

thanks 1 user thanked O'Donnell54548 for this useful post.
A Kurdziel on 31/05/2018(UTC)
thunderchild  
#11 Posted : 30 May 2018 13:09:32(UTC)
Rank: Forum user
thunderchild

Originally Posted by: George_Young Go to Quoted Post

Why was he at the site? was he looking for /doing something related to work or was it a rest period and wanted to find a nice place to park up and sleep?

This I think is where your answer lays. He may not have supposed to be there but if he was doing something work related (you state loaded van so was he putting work equipment in the van?) or was there to meet with someone for a work related item or even just been asked to pop in of a work related issue then I would suggest its reportable.

You say the site was locked, so did he unlock it and get on to site? If so he must have had permission from someone to get the key or did he simply drive up, realise its locked and attempt to leave but got stuck?

From first glance I would suggest he's gone there for a reason. Establish that reason and you can then decide if its work-related (i.e. someone has requested he visit) or he's been on a frolic of his own (i.e. just decided to stop and got stuck)

Interesting one though, good luck!

Charlie Brown  
#12 Posted : 30 May 2018 22:28:44(UTC)
Rank: Forum user
Charlie Brown

If he wasn't going to site on company business then he was not working but if he was sent there on company business he probably was. If that is the case, what were the written company procedures for entering sites and for recovering a stuck vehicle?

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