Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Ian Bell2  
#1 Posted : 07 April 2021 19:12:39(UTC)
Rank: Super forum user
Ian Bell2

But the injury was not as a result of work. So not RIDDOR.

Its assault, a criminal matter

A Kurdziel  
#2 Posted : 08 April 2021 08:41:41(UTC)
Rank: Super forum user
A Kurdziel

The original posting has gone missing but for what it’s worth:  This is from the HSE document “Violence at work: A guide for employers”  INDG 69-

 ​​​​​​​The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)

Employers must notify their enforcing authority in the event of an accident at work to any employee resulting in death, major injury, or incapacity for normal work for three or more consecutive days. This includes any act of non-consensual physical violence done to a person at work.

CptBeaky  
#3 Posted : 08 April 2021 09:04:53(UTC)
Rank: Super forum user
CptBeaky

"non-consensual" makes my brain wonder if "Do you want to take this outside?" counts as consensual violence?

peter gotch  
#4 Posted : 08 April 2021 14:24:22(UTC)
Rank: Super forum user
peter gotch

Captain - one of those areas where RIDDOR and HSE guidance is a bit murky!!

They were trying to make the distinction between e.g. a postie getting thumped when out on the rounds and e.g.two professional boxers.

But this does leave the Q open as to whether the postie is consenting if they agree to "take this outside", or whether it is consensual when a footballer is injured by a scything tackle or an elbow across the face when the offender receives a red card, so violence at a level well beyond that permitted under football rules.

A Kurdziel  
#5 Posted : 08 April 2021 14:40:40(UTC)
Rank: Super forum user
A Kurdziel

If you look at R vs Brown which involves a number of men submitting to certain violent acts in BDSM setting the House Lords rules that  consent of itself does not make a violent act legal. There has to be “a good reason” for such an act. They mention boxing, but only it’s a proper  fight with proper rules. A  scrap between two blokes outside a pub is unacceptable and both of the participants can be prosecuted. They also make a distinction between the common law office of  assault, which can just involve pushing another person and actual bodily harm which is a statutory office.

 

An employer is expected to protect their employees from  harm if it is within their power to do so even if this harm is caused by a third party.  There have been cases of shops being prosecuted for not doing enough, to protect employees from violent attacks for example if they are working alone at night.  

thanks 1 user thanked A Kurdziel for this useful post.
CptBeaky on 09/04/2021(UTC)
Brian Hagyard  
#6 Posted : 08 April 2021 14:54:13(UTC)
Rank: Super forum user
Brian Hagyard

There used to be some guidance on the HSE web site about violence and RIDDOR but looks like its gone! From memory it depends what caused the violence, I think one example they gave was if someone came into a work place to punch someone who they suspected of chatting up his girlfriend it would not be reportable (not work related). Someone punching a manager because they did not like what they were being asked to do would be reportable (providing one of the named injuries applied). Don’t know why these trades were fighting as original post gone.

In term of professional sports than injuries that arise out of the way the game is being played (the bad tackle referred to before) are not reportable. Injuries elsewhere such as a slip in a shower (when I was an inspector my manager said she would investigate any of those from our local professional team!) would be – as would an injury arising out of faulty equipment – such as goal posts collapsing.

thanks 1 user thanked Brian Hagyard for this useful post.
Dazzling Puddock on 08/04/2021(UTC)
Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.