Rank: New forum user
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We are a contractor working on a refurbishment site on behalf of a main / principal contractor.
We have sub-contracted a commissioning company to commission the equipment we have installed on site and subsequently one of the commissioning engineers has had an accident which, as I understand could result in an over 3 day injury.
Please could you confirm if my understanding is correct. Reading from the RIDDOR guidance it would be down to the main / principal contractor and the injured persons’ employer to report this incident.
Many thanks in advance for all your replies.
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Rank: Super forum user
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TrevorFoster wrote:We are a contractor working on a refurbishment site on behalf of a main / principal contractor.
We have sub-contracted a commissioning company to commission the equipment we have installed on site and subsequently one of the commissioning engineers has had an accident which, as I understand could result in an over 3 day injury.
Please could you confirm if my understanding is correct. Reading from the RIDDOR guidance it would be down to the main / principal contractor and the injured persons’ employer to report this incident.
Many thanks in advance for all your replies.
If the employee is employed by the sub-contracor, then the sub-contractor should report the incident. The principal contractor should make sure that the entire process from reporting to investigation is complete by the sub-contractor.
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Rank: New forum user
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From the HSE, they would confirm its the employer who should report the RIDDOR, in this case the sub-contractor who you employed to do the works.
Cheers Philip
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Rank: Forum user
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For further clarification, the principal contractor or contractor would only need to report under RIDDOR if the injured person was self-employed. In all cases when it is an employee who is injured, the employer reports it.
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Rank: Super forum user
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Alistair wrote:For further clarification, the principal contractor or contractor would only need to report under RIDDOR if the injured person was self-employed. In all cases when it is an employee who is injured, the employer reports it.
Alistair - If the self employed person is employed by the sub contractor, it would still be the sub contactor who reports it, not the principal contracor.
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Rank: New forum user
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Hi All
Many thanks for the swift responces, which confirm my thoughts.
The injured person is not self-employed and is an employee of the sub-contractor, therefore it will be the sub-contractor's responsibility to report this, should this result in an over 3 day injury.
Trevor
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Rank: Super forum user
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I can’t help but feel that you might be complicating the issue and question by the use of ‘contractor’, ‘sub-contractor’, ‘principal contractor’ etc.
RIDDOR is pretty straightforward on this. If the injured person is an employee, then it is the employees, employer who is responsible for reporting, a reportable injury.
If the IP is genuinely self employed, then it is the person in control of that site who is responsible for reporting, reportable injuries.
I think you will arrive at the same answer but it would avoid any confusion and ambiguity for others.
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Rank: Forum user
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canopener's right about that: statutory duties cannot be simply over-ruled or evaded by a local contractual arrangement.
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