Rank: Forum user 
|
Hi All
would be interested on thoughts opinions and any definitive answers on the following if possible.
A person is employed by a company whose primary duties are office based however those duties would include driving from branch to branch within the country.
On one such day after starting the day in his/her home branch they are required to visit another branch
the other end of the country. Lets say a distance of 150 miles needs to be travelled to visit that branch.
Sadly half way to the branch that person is involved in a RTA and subsequent injuries meant prolonged period of hospitalisation.
The empolyees compnay insists that the employee has "business travel" covered on there insurance policy.
due to the nature of the injuries and length of time off work does this become a RIDDOR reportable incident?
|
|
|
|
|
|
Rank: Forum user
|
It's not reportable under RIDDOR.
Regards
Yul
|
|
|
|
|
|
Rank: New forum user
|
Hi L
I have read your post as the employee is driving on work related business during normal working hours and was injured in a RTA. So I would report under RIDDOR.
R
|
|
|
|
|
|
Rank: Forum user
|
Hi Lojikglos
Not reportable:
RIDDOR
Regulation 10 Restrictions on the application of regulations 3, 4 and 5
(1)…………………………………………..
(2) The requirements of regulations 3 and 4 relating to the death or injury of a person as a result of an accident, shall apply to an accident arising out of or in connection with the movement of a vehicle on a road only if that person –
(a) was killed or suffered an injury as a result of exposure to a substance being conveyed by the vehicle; or
(b) was either himself engaged in, or was killed or suffered an injury as a result of the activities of another person who was at the time of the accident engaged in, work connected with the loading or unloading of any article or substance onto or off the vehicle; or
(c) was either himself engaged in, or was killed or suffered an injury as a result of the activities of another person who was at the time of the accident engaged in, work on or alongside a road, being work concerned with the construction, demolition, alteration, repair or maintenance of –
(i) the road or the markings or equipment thereon;
(ii) the verges, fences, hedges or other boundaries of the road;
(iii) pipes or cables on, under, over or adjacent to the road; or
(iv) buildings or structures adjacent to or over the road;
Extract above taken from L73: A guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
Free download at: http://www.hse.gov.uk/pubns/books/l73.htm
HTH smitch
|
|
|
|
|
|
Rank: Forum user
|
L as due to road traffic acident Not reportable, see Reg 10 of RIDDOR -Accidents caused by moving vehicles on road Reg 3 and 4 do not apply to accidents involving vehicles moving on public roads unless they involve or connected with
Exposure to substance being carried
Loading or unloading activity
Specific construction, demolition etc on public roads
accident involving train results in fatality
Hope this helps
|
|
|
|
|
|
Rank: Forum user
|
Ah smitch you type quicker ;-)
|
|
|
|
|
|
Rank: Forum user
|
Definitely significant and technically subject to HS enforcement but not reportable under RIDDOR.
I always assume the accident would be recorded at the employee's main place of work / base, even if the RTA occurred just outside the gates of their destination, another of the organisation's sites.
Drivers' own insurance companies should be notified by the policy holder if they are driving their own vehicles for work purposes - anything other than commuting to/from their base - some companies simply amend the policy, some apply an additional premium (some employers will reimburse the employee for such additional costs, as a work expense).
|
|
|
|
|
|
Rank: Super forum user
|
Not RIDDOR as already pointed out but sill reportable via the BI510 etc
NB: RTA's are now RTC's
|
|
|
|
|
|
Rank: Super forum user 
|
The devil is in the detail!
In general RTC’s aren't reportable under RIDDOR. However, you haven't given any clue to the circumstances of the cause(s) of the 'accident' and I therefore suggest that neither the ‘yes’ or the ‘no’ camp are ‘right or ‘definitive’ without further detail.
Smitch at #4 rightly refers to Reg 10 of RIDDOR. IF the accident was related to or caused by one of the scenarios mentioned e.g. they suffered an injury (that would meet the over 3 day/major criteria) as a result of the activities of another person who was at the time of the accident engaged in, work on or alongside a road, being work concerned with the construction, demolition, alteration, repair or maintenance of the road or the markings or equipment etc etc etc, then, the injury WOULD be reportable. If on the other hand it wasn’t related to any of the scenarios in Reg 10, then it would NOT be reportable!
|
|
|
|
|
|
Rank: Super forum user
|
Agree with Phil, generally RTC's not a RIDDOR but under certain circumstances (as already stated) could be.
|
|
|
|
|
|
Rank: Forum user
|
I would say that it's not reportable. Working for a transport company we have contacted the HSE previously and have been told that RTA's are dealt with by Police and not HSE.
|
|
|
|
|
|
Rank: Super forum user
|
Of course some are dealt with as a joint investigation depending on the circumstances. Some injuries sustained in a 'RTC' ARE reportable IF they meet the criteria in Reg 10. I dealt with one late last year, and both the Police (lead) and HSE attended and the HSE required a RIDDOR report. Reg 10 refers to those injuries as the result of an accident 'on the road' that ARE reportable. The definitive answer being sought, is as (nearly) always, dependant on the circumstances.
|
|
|
|
|
|
Rank: Forum user
|
Hi Guys
many thanks to all those that replied
Have a good weekend
L
|
|
|
|
|
|
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.