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Scott.Daniel  
#1 Posted : 12 June 2012 16:34:34(UTC)
Rank: Forum user
scott.daniel

Hi, we had an accident at our site whereby a deliverly driver fell from the back of his vehicle (ford transit van) and landed onto the lowered forks of a staionary fork lift truck. My site first aid team administered first aid and called for an ambulance and the injured person is now in hospital. It looks like he may have to stay the night. The accident report and investigation is complete my side and the delivery company is now investigating their side, I want to ensure that it reported appropriately to the HSE, is this the responsibility of my site or the delivery drivers employer? Many thanks!!!
Turtle  
#2 Posted : 12 June 2012 16:37:34(UTC)
Rank: Forum user
Turtle

It really doesn't matter but if you ae to follow protocol it's the employers responsibility.
Turtle  
#3 Posted : 12 June 2012 16:38:38(UTC)
Rank: Forum user
Turtle

It really doesn't matter but if you are to follow protocol it's the employers responsibility.
Canopener  
#4 Posted : 12 June 2012 17:49:47(UTC)
Rank: Super forum user
Canopener

IF he has an employer, then as Turtle has said it is the drivers employers responsibility.
bob youel  
#5 Posted : 12 June 2012 17:50:37(UTC)
Rank: Super forum user
bob youel

technicially its the employer but the 'controller' also has duties so it depends on each different situation e.g. if the employer is a agency without any form of control over their employee or knowledge of what their employee is doing, a standard situation, then the controller of that employee [in my book] should report
Canopener  
#6 Posted : 12 June 2012 18:07:42(UTC)
Rank: Super forum user
Canopener

Bob makes an interesting point. With the agency's agreement I normally make the report for our agency crews who work on refuse collection rounds etc. Whether this is technically a breach (by the agency) or not I don't know, but it has always seemed to me that we are 'best placed' to make the report and in 17 years of doing so, neither I nor the agency we use have has any 'come back' from the HSE. It would appear that the HSE are too concerned about who reports as long as someone 'appropriate' does.
Scott.Daniel  
#7 Posted : 12 June 2012 21:19:03(UTC)
Rank: Forum user
scott.daniel

Thanks all. You confirmed my understanding.
Bob Shillabeer  
#8 Posted : 12 June 2012 23:40:05(UTC)
Rank: Super forum user
Bob Shillabeer

Forget who is legally responsible, report it. That put you beyond any doubt and keeps you in the clear. It should be his employer but cover any bases that could open up. You never know it may leave the employer with egg on his face.
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