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nic168  
#1 Posted : 18 April 2012 14:01:05(UTC)
Rank: Super forum user
nic168

This relates to a question asked of me by a 3rd party in an unofficial capacity, I have been mulling over and would appreciate any thoughts.

The Injured Party is an apprentice on a residential training scheme who slipped getting out of the shower. The IP is on a programme which involves being trained to assist young people in sporting/outdoor activities, the injury to his leg is such that they have been unable to continue with that element of the course for over a month. As a result the IP has been moved onto another programme doing "administration duties".

My understanding is that the administration is another module that they would normally complete at a later stage.

The question asked was should this have been reported under RIDDOR as it occurred in the accomodation provided as part of the programme and the IP's regular work was affected.

My initial thought was yes as this was work related in so far as the accomodation is part of the job and they cannot complete their normal duties. On reflection I am not so sure of the second part of this argument as it could be that the whole programme is the work and therefore this has simply been a reshuffle of the tasks.

Any thoughts on this appreciated

Nic
Safety Smurf  
#2 Posted : 18 April 2012 14:20:27(UTC)
Rank: Super forum user
Safety Smurf

IMHO, no. Although the the training provider is liable for both the training facility and the accomodation the two must be treated differently for RIDDOR. The accomodation is not 'a place of work' and the showering was not 'an act of work'.

The caveat to this would be if he had been instructed to return to his accomodation between sessions to clean up as a result of becoming dirty during one of the sessions. This would bring the accomodation back into the workplace proper and as such it would be reportable as he has been 'incapacitated' and has been unable to perform his 'normal' duties.
Twinklemel  
#3 Posted : 18 April 2012 15:55:18(UTC)
Rank: Forum user
Twinklemel

An an enforcement officer, I would have to agree with Safety Smurf and say non-reportable. If a RIDDOR report for this arrived on my desk, I would wonder why it had been reported and would take no action in relation to it.

My reasons for this are that (a) the person was not at work when they had the accident and (b) they haven't been prevented from carrying out their normal duties, as you say that they have had their training swapped around to suit.

Hope that helps!
KAJ Safe  
#4 Posted : 18 April 2012 15:59:43(UTC)
Rank: Forum user
KAJ Safe

Totally agree with twinlemel.
It has not happened at work and the work carried out would still be deemed to be part ofhis normal duties.
David Bannister  
#5 Posted : 18 April 2012 16:13:21(UTC)
Rank: Super forum user
David Bannister

I'm surprised at Twinklemel's second part answer. Not at work is clear. Injury prevents normal duties, requiring "light work" thus I would have thought that IF this had been at work, the inability to do the normal job makes it reportable.

Oh how I wish RIDDOR would disappear in total and be replaced with simple law.
Safety Smurf  
#6 Posted : 18 April 2012 16:18:23(UTC)
Rank: Super forum user
Safety Smurf

I agree with you David. His training has had to be rearranged purely to fit his current condition and this has been solely for him. To my mind he is unable to carry out his normal duties, it's just fortunate that there was something else he could do.
KAJ Safe  
#7 Posted : 18 April 2012 16:20:42(UTC)
Rank: Forum user
KAJ Safe

Sorry Safety Smurf but I think it was part of his normal duties, it was just going to be done further down the line.
I would agree if he was sat stuffing envelopes or some other made up job.
Kate  
#8 Posted : 18 April 2012 16:26:06(UTC)
Rank: Super forum user
Kate

The criterion is "away from work or unable to do the full range of their normal duties" (see L73). So if iit had been an accident at work, it would be a RIDDOR as he is unable to do the full range of his normal duties.
Canopener  
#9 Posted : 18 April 2012 17:27:59(UTC)
Rank: Super forum user
Canopener

I am left wondering (and it isn't entirely clear from the post) whether at the time of the injury he would have been classed as 'a person not at work' and whether he was taken directly from the scene of the incident, to hospital for treatment? IF the answer to both is/was 'yes', then wouldn't this be reportable?
chris42  
#10 Posted : 18 April 2012 17:40:04(UTC)
Rank: Super forum user
chris42

This is interestingly different. Going slightly away from the topic, but made me wonder. If someone staying at a hotel slipped while having a shower (you know shower over bath), due to no nonslip surface on the bottom of the bath. Then the person was taken to hospital for an x-ray, would this be reportable? By the hotel ( as it is their undertaking?). Riddor does apply to general public, so if it does not apply why not. I seem to recall the last few times I was at a hotel there was this nonslip surface. Could the lack of a nonslip surface be considered a flaw in the design / condition of the bath / shower.

Can’t imagine HSE being interested in this but it did make me wonder.
Garfield Esq  
#11 Posted : 18 April 2012 18:10:49(UTC)
Rank: Super forum user
Garfield Esq

twinklemel wrote:
An an enforcement officer, I would have to agree with Safety Smurf and say non-reportable. If a RIDDOR report for this arrived on my desk, I would wonder why it had been reported and would take no action in relation to it.

My reasons for this are that (a) the person was not at work when they had the accident and (b) they haven't been prevented from carrying out their normal duties, as you say that they have had their training swapped around to suit.

Hope that helps!



Is it just me or did a HSE Enforcement Officer just advise everyone that it was NOT reportable, but in the spirit of debate lets keep on going! Simple rule, if you're not sure just report it.
Ron Hunter  
#12 Posted : 18 April 2012 22:24:44(UTC)
Rank: Super forum user
Ron Hunter

I'm with Chris at #10. The residential facility would appear to be an integral part of the undertaking. The question is more about whether the accident is attributable to that undertaking- i.e. failure to provide or maintain etc.
All that said, I agree enforcers are unlikely to get excited.
nic168  
#13 Posted : 20 April 2012 15:19:00(UTC)
Rank: Super forum user
nic168

Nice to know that I am not the only one going around in mental circles with this.

I spoke with the person who asked the question yesterday and the IP did not go to hospital immediately but was treated by the site medic and taken to drop in centre. They were showering because they were grubby and pretty minging as a result of working with the children.

I have come to the conclusion that this is not reportable so ia m broadly in line with the thoughtsexpressed by Twinklemel and safety smurf.

But in a way I am reassured that there are seemingly simple situations that give us something to think about, thanks for the input.

Nic
Seabee81  
#14 Posted : 21 April 2012 12:41:12(UTC)
Rank: Forum user
Seabee81

I would view this as a non work related injury and therefore not reportable.
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