Good afternoon everyone,

A third party delivery driver has fallen off a tail lift at our premises and gone to hospital for treatment. (Early indications are that he is bumped and bruised but will be okay)

I have advised that it is not RIDDOR reportable by us as "the person in control of the premies" because he was emplyed by the supplier and they are obliged to make the RIDDOR report. We only report such 3d party injuries to members of the public and self-employed people.

However I am not sure what is meant by members of the public. I am fairly sure that this is not reportable by us otherwise there would be two RIDDOR reports (one by us and one by the employer)

Has anyone got a different opinion?

Thanks,

David

Edited by user 16 July 2020 15:30:51(UTC)  | Reason: Typing mistakes

RIDDOR is a little vague on this and does mention both the employer and the person in control of the premises. I like to think I take a practical approach with regard to this.

If my company employ someone from another organisation and tell them what to do and how to do it, then it is up to us to report any RIDDOR accident.

If they come onto our premises as known trained person in whatever activity, working under their own control then their employer should report any RIDDOR, unless caused by my organisation’s activities. I would ensure that the sub contracted company does make a report and want to see evidence of it. Where necessary this should be built into any contract.

However, it is up to us to ensure they do have a safe system of work and that anything that needs reporting does. If they refuse then we would report on their behalf and make that very clear in the report and not then include it in our statistics.

In your situation I would expect their employer to report and look into what to do to prevent any reoccurrence.

Chris

Thanks all three of you. Chris - that makes perfect sense and I'm very grateful.

Regards,

David

Agree with Peter but (there is always one “but” isn’t there, don’t you just love RIDDOR)

From the HSE Guidance https://www.hse.gov.uk/vulnerable-workers/agency-temporary-workers.htm

Introduction

….

An "employment business" means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

Agency Workers

If an employment business places a worker for short periods of work with an employer (end user) but the worker remains under a contractual relationship with the employment business, then the guidance for temporary workers applies.

Temporary Workers

There is no single, clear cut definition of a temporary worker as there are often a number of different intermediaries involved, including:

….

An employment business acts as a master vendor and supplies the temporary worker to another business (end user) either directly or via other recruitment agencies (second tier suppliers).  A number of different contractual arrangements run in tandem for supply to the same end user

Guidance for Users and Suppliers of Agency/Temporary workers

In many cases the employment business will be the employer of the temporary worker, since it retains ultimate control over their services.

In practice, the day-to-day responsibility for health and safety during the assignment will lie with the end user. It will be in the best position to manage the health and safety of the temporary worker as it will direct the worker’s activities and control the premises where that work takes place….

Accident reporting

Where a worker is not an employee, the duty to report an incident under RIDDOR is on the end user, as the person in control of the premises where an incident occurs.

Hence my comments about who is in control of the person, so it may still be down to the person in control of the premises even if not a direct employee, if deemed to be in control of their activities. Which makes sense to me, but not entirely as clear as Peter notes the Legislation appears to state :0) as it intimates a non-employee’s accident should be reported by the employer (but it seems not always in the eyes of HSE) and hence my comment about confusion.

NB I have highlighted in red key words and the “….” are to show where there is more extraneous text for this point, I have removed.

Chris