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Reed21854  
#1 Posted : 28 November 2011 16:53:17(UTC)
Rank: Forum user
Reed21854

Hello there

Part of the activities the company I work for involves at this time of year is the installation and management of temporary ice rinks. Where we manage rinks on behalf of clients we, amongst a million other things, provide first aid and / or paramedics at the rink side to assess and deal with public casualties. We do get a number of RIDDOR reportable incidents where the public are taken directly from the rink to hospital with fractures and other injuries. It's an ice rink and people fall over.
My question however relates specifically to providing details of these types of incidents to our insurance broker. They are getting nervous about knowing of potential personal injury claims as and when injuries happen. I've explained that it's impossible to tell whether an accident is going to result in a claim or not, and we do keep records and "at time" photographs of skates being used, condition of the ice, temperature of the chillers, weather condition etc. and they are aware of our procedures for managing all of this. I am not entirely happy about providing a lot of detail about accidents as they occur as most of the records we have about the individual are covered by Data Protection and Access to Medical Reports legislation . What do others think? And have you ever been asked to provide information on RIDDOR reportable incidents as they arise to your insurance company? Thoughts and comments gratefully received.
alexmccreadie13  
#2 Posted : 28 November 2011 17:13:30(UTC)
Rank: Super forum user
alexmccreadie13

Reed unless I am missing the point here the only RDDOR reportable would be your workforce installing or dismantling the Ice Rinks. Not members of the public they are not working?
Canopener  
#3 Posted : 28 November 2011 17:31:37(UTC)
Rank: Super forum user
Canopener

Alex, injuries to people not at work i.e. members of the public CAN be reportable if the injury arose, out of or in connection with work, AND they were taken DIRECTLY from the scene of the accident (by whatever means) to hospital. The member of the public themselves do NOT have to be working. RIDDOR 3(1)(c) refers or http://www.hse.gov.uk/pubns/priced/l73.pdf paras 35 and 45-47

In this case, I suggest that injuries arising from the use of the ice rink, that are as a result of accidents inherent to taking part in the skating i.e. they have slipped over, are generally NOT reportable. If on the other hand they were due to something else, that the operator of the rink could or should have exercised some control over then it might be reportable.

It is fairly standard practice for your insurance company to ask for the RIDDOR report, but only at the point of a claim being made. I don't see a need for them to be asking for this prior to a claim, and I take your point on being uncomfortable with doing so. The RIDDOR report is for the HSE. You might want to let them have a copy of the accident report, but again, I don't see the need to prior to a claim. Don't they (and you) have enough work to do?
DP  
#4 Posted : 28 November 2011 17:55:42(UTC)
Rank: Super forum user
DP

Alex I get your dilemma where you are dealing with public accidents - to add to canopeners comments - these accident can still be reportable under RIDDOR depending on the circumstances - many insurers now as routine investigate reportable accidents if they feel a claim may arise - gets them on the front foot. Especially with EL as many policies provide Occupational Health to get long term sick back into work, keeps the cost of claims down.

Unfortunately you will have to provide the information to enable them to evaluate the risk of underwriting your activities - just keep out the personal details. They have to understand the risk involved.

Our EL insures investigate all reportable incidents - I welcome this as a 2nd investigation and I have on many occasion taken advantage of the OH provision provided.
David Bannister  
#5 Posted : 28 November 2011 17:55:59(UTC)
Rank: Super forum user
David Bannister

Reed, It is pretty standard practice for insurers to ask to be notified of all incidents. However, your question relates to providing this to your broker.

My advice is to explore this further with YOUR broker (you are their client) and agree what exactly they recommend and further, what and when they will pass this on to your insurers.

From an insurers point of view, they like to be able to carry out an early investigation where possible, be in a position to decide on whether liability may exist and offer a defence where possible.

From your point of view, reported incidents tend to appear on your claims history, having a negative effect on renewal negotiations.
redken  
#6 Posted : 28 November 2011 23:06:12(UTC)
Rank: Super forum user
redken

When I started 25 years ago, I always made three reports; RIDDOR, Company HQ and our insurers.
palfrem  
#7 Posted : 29 November 2011 15:27:48(UTC)
Rank: New forum user
palfrem

Why would an ice rink be any different to the local (Council owned) park where two Sunday league footy teams are playing and one aspiring Rio broke his leg?

Just out of interest, how many claims have you atually a) had b) paid out on?
stevie40  
#8 Posted : 29 November 2011 15:27:52(UTC)
Rank: Super forum user
stevie40

Speaking as a liability surveyor for an insurer and a part time ice steward at my local rink, I think I can cover most angles here.

From the insurers point of view, they would expect to be notified of all incidents, perhaps as a monthly return if the volumes are high. For an ice rink type business, these would just sit on file until such a time that a formal claim is made.

From an incident management point of view, most incidents can be dealt with usuing a defence of volenti non fit injuria. There are risks inherent to the activity and you accept these risks when setting foot on the ice.

There are some issues that can arise from the rink itself though. These normally relate to maintaining the ice at too low a temperature so that cracks open up in the pad. Poor use of the ice cutting machine (Zamboni) can also lead to the base material (concrete or sand) being exposed.

Ice stewards should be employed when the numbers reach a set level. For a full size ice pad, the rink I work at sets this number at 25. Stewards should meet a certain grade for skating ability, be sensible and minimum age of 16.

Among the things I enforce on the ice are:-
- No long chains, 3 at the max.
- No use of cameras or mobile phones on the pad.
- Hoods must be down. They resrict vision / hearing too much.
- No bags or loose scarves.
- No eating / drinking on the ice.
- No spray hockey stops aimed at another person.
- Enforcement of a one way system. On most rinks this is anticlockwise.
- No cutting in / games of tag / charging or boarding.

I also routinely check skaters boots. If they are blades out / ankles in they are not tight enough and offer no ankle support. I ask them to step off the ice and sort these out.
Anything dropped on the ice must also be picked up.
No use of hockey gear, pucks or sticks on public skate sessions.


The rink I work at has the pad fully covered with CCTV as well. It is pretty safe when the rules are followed.
Reed21854  
#9 Posted : 30 November 2011 12:24:01(UTC)
Rank: Forum user
Reed21854

Claims history for our temporary ice rinks are: 4 in the last years, 2 not paid, 1 paid out and 1 pending with a big reserve. The problem with these types of PI claims are that people will allege that there was a chip in the ice, something wrong with their skates and anything else they can think of to make their claim valid. We do have quite a comprehensive system where we photograph the area of the ice where they fell, take photos of their skates, general photos of the session so you can see how many skaters were on the rink and record as much detail from the individual as we are able.

This doesn't always work though and our claim pending is one where the person didn't even report to anyone at the time that they had injured themself. And as this person was a minor and can pursue a claim himself (the parents seem to have dropped it now) this will sit against us for several years yet.

Thank you for all your comments though.
bob youel  
#10 Posted : 30 November 2011 12:42:57(UTC)
Rank: Super forum user
bob youel

You appear to have covered every base and obviously you have the fact in hand that some records may have to be kept for a very long time - a time that your broker may not have accounted for

Its easy dealing with the public is it not! Give me a mine, construction site, refinery, manufacturing plant and similar every time where the public have no access
Graham Bullough  
#11 Posted : 30 November 2011 13:55:12(UTC)
Rank: Super forum user
Graham Bullough

Some excellent responses to this topic and demonstrating this discussion forum at its positive and constructive best.

Just out of curiosity and slightly off-topic, does anyone know if any permanent ice rinks or other premises such as ice-making plants at fishing ports still use ammonia as the refrigerant for the ice? Years ago I investigated for HSE an explosion in the refrigeration room at a Scottish ice rink which used ammonia. Can't recall what actually caused the leak of explosive ammonia gas (probably deterioration of a pipe flange gasket), but the explosion reportedly wasn't a major one compared with ones involving gases like butane or propane - hardly any noise and with little more damage than an external door blown open. Still, it could have caused serious harm to anyone present in the room or standing outside the external door.

Now back towards the topic in relation to another activity with a risk of customers falling. For some years I was an intermittent customer of a company which specialised in mountain walking/scrambling and Nordic ski-ing. After a while its winter brochure each year routinely included a photo of someone having fallen while ski-ing plus brief text saying that falls can happen. According to one of the company leaders the photo and text became a standard part of the brochure because one or two customers had complained (and tried to claim?) that they had suffered injury through accidental falls and that the company hadn't pointed out in its brochure that ski-ing involved some risk of falling! For the same reason, though it really shouldn't be necessary, perhaps some ice rinks (whether permanent or temporary) display signs to warn prospective customers that skating involves some risk of falling and possible injury. As Bob Youel suggests, business premises and activities which do not involve members of the public are spared the various problems experienced by those that do!

stevie40  
#12 Posted : 30 November 2011 15:03:02(UTC)
Rank: Super forum user
stevie40

Graham - my rink has "Slippery surface" signs with pictogram of a person falling backwards.

The mindset of some folks is quite interesting. They see this vast sheet of white ice and their mind associates it with winter snow. They are genuinely surprised that when they fall, it is as hard as concrete. They soon learn though.

Interestingly, skating is one activity where the faster you go, the less it hurts. If you fall at speed, it is so quick you don't have time to tense up and simply slide across the ice. When stationary or low speed, your weight falls in one spot and that is when we get the injured knee caps and broken wrists. People also tense up a lot more.
David Bannister  
#13 Posted : 30 November 2011 16:31:47(UTC)
Rank: Super forum user
David Bannister

So sad that an ice rink and ski company needs a falling/slipping warning to customers.

Isn't this the kind of daft situation that Loftstedt was hired for?
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