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TrevorFoster  
#1 Posted : 15 December 2011 14:38:13(UTC)
Rank: New forum user
TrevorFoster

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.
jarsmith83  
#2 Posted : 15 December 2011 14:46:12(UTC)
Rank: Super forum user
jarsmith83

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.
PhilipShaun  
#3 Posted : 15 December 2011 14:49:54(UTC)
Rank: New forum user
PhilipShaun

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
alistair  
#4 Posted : 15 December 2011 14:53:39(UTC)
Rank: Forum user
alistair

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.
jarsmith83  
#5 Posted : 15 December 2011 14:56:48(UTC)
Rank: Super forum user
jarsmith83

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.
TrevorFoster  
#6 Posted : 15 December 2011 15:11:24(UTC)
Rank: New forum user
TrevorFoster

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
Canopener  
#7 Posted : 15 December 2011 18:51:01(UTC)
Rank: Super forum user
Canopener

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.
tomorton  
#8 Posted : 16 December 2011 13:56:15(UTC)
Rank: Forum user
tomorton

canopener's right about that: statutory duties cannot be simply over-ruled or evaded by a local contractual arrangement.
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