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Lojikglos  
#1 Posted : 12 November 2011 18:45:09(UTC)
Rank: Forum user
Lojikglos

Hi Everyone
Thanks to anyone who offers advice on this one.

During the normal working day and as part of his duties a person is loading / unloading equipment onto a van through the rear doors with his back to the second vehicle. In effect he is looking into the van. A second vehicle reverses down the road, catches the door,shunts the loading vehicle 1.5 mtrs , and forces the door to slam shut.
the person loading / unloading the vehicle on hearing the initial impact looks first over his left shoulder whilst moving to the right instinctivley away from the noise of the impact on the door. Injuries are sustained requiring hospital attention although later discharged.

I have sought advice from senior H+S professionals and I am being told this is not RIDDOR reportable until three continous days absence however I am sure that as this involves loading and unloading of a vehicle it is Riddor reportable as the injuries are sustained during this time

Apologies if similar thread has come up previously but I never seem to be able to find answers through the search facility on the forums

Look forward to responses
Canopener  
#2 Posted : 12 November 2011 18:56:16(UTC)
Rank: Super forum user
Canopener

They're right (and so are you - sort of). MOST 'traffic' accidents aren't covered under RIDDOR but some are including those involving the loading or unloading of a vehicle are IF they subsequently result in a reportable injury, i.e. an over 3 day injury, major injury or fatality.

Hope that makes sense.
Betta Spenden  
#3 Posted : 13 November 2011 10:51:04(UTC)
Rank: Super forum user
Betta Spenden

If the employee was in hospital for 24+ hours, then yes. Otherwise no.
Canopener  
#4 Posted : 13 November 2011 15:29:15(UTC)
Rank: Super forum user
Canopener

Right, let me be slightly more specific. An accident involving loading/unloading is not reportable under RIDDOR PER SE unless a reportable accident has resulted.

If the accident happened in your yard or other workplace then the 'normal' reporting requirements apply.
Fatality
Over 3 day
Major

If the accident happened on a PUBLIC ROAD then loading and unloading is ONE of the cases when accidents on the public road should also be reported under RIDDOR IF there is a reportable injury i.e.
Fatality
Over 3 day
Major

A hospital stay of >24 is not the ONLY time that this would be reportable, but it would mean that the injury was a MAJOR injury and it WOULD be reportable, BUT note that both over 3 day injuries and fatalities ARE also reportable.

See http://www.hse.gov.uk/pubns/priced/l73.pdf para 50, and more specifically 95 (reg 3 deals with among other things fatalities, over 3 days injuries and major injuries, reg 10 deals with the 'restrictions' on the reporting requirements of reg 3. Most accident s on the PUBLIOC road are NOT reportable but those involving loading/unloading are)
Fletcher  
#5 Posted : 14 November 2011 08:55:04(UTC)
Rank: Super forum user
Fletcher

I would say not reportable.
Day the Accident happens, person taken to hospital but does not stay in for more than 24 hours.
so is not reporatable as a major from hospital stay viewpoint
Day 1 after the accident returns to work can do their normal job -not reportable
Day 2 after the accident returns to work can do their normal job -not reportable
Day 3 after the accident returns to work can do their normal job -not reportable
Day 4 after the accident returns to work at normal time & can do their normal job -not reportable
If IP does not return on Day 4 after the accident at normal time or cannot do their normal job then the accident is reportable
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