Not reportable just usual record keeping.

Currently having a debate with the HSE about a similar event as in my opinion there was a aleged slip and then a person was taken to hospital but the slip was not related to a work situation either by act or ommission hence I deemed it not to be RIDDOR as the stairs etc. was in perfectly good condition and the person involved should not have been there on their own. However; and thats my problem as the HSE* are asking all sorts of questions and insisting that a RIDDOR be completed [this was just before the fees regs came in!] *HSE: A member of the public contacted the HSE on their own back In the past we have tended to report as a 'just in case' situation. However such reports are affecting the stats which are not showing true hence my advice about not reporting the event noted above

This is good, a RIDDOR scenario that we all agree on! Bob, if it was me I would ask the HSE to provide a written response highlighting exactly why they want a RIDDOR report and explain the reasons why your incident meets the requirements of the regulations.

Hi DP tried to PM you but your inbox is full! you should get a message when freed up! thanks again

I'm no expert on RIDDOR but I was prompted to look up the HSE guidance. Not sure whether I am allowed to cut and paste from the HSE site but here goes... taken from the webpages that give guidance on RIDDOR: "People not at work Where a member of the public or person who is not at work has died, or Injuries to members of the public or people not at work where they are taken from the scene of an accident to hospital for treatment." Doesn't seem to be qualifed as to whether the person in charge of the premises had done anything, whether there was a defect etc. PS Even if you decide not to report I would investigate in full and inform yuor insurance broker just in case there is a claim for damages! Phil

For those of us in the healthcare sector we would be reporting quite a few incidents a day!! You are likely to get a claim from the person especially as they went to hospital so would advise a detailed report with photographs and early discussion with your loss adjuster/insurance contact. You may still not be able to defend such a claim due to "no win no fee" solicitors but you can put up some kind of defence to try and deter any action.

In this case, I would say that it isn’t reportable (para 38c). I try not to report under RIDDOR where I don’t have to but I also don’t go to endless lengths to avoid reporting either and nor do I lose any sleep over the effect that it might have on ‘stats’. I have recently reported a not dissimilar accident (employee) but made it clear in part D that I had inspected the stairs and could find no defects etc etc. While the regs do specifically state “Arising out of or in connection with work”, interestingly what might or might not be classed as “arising out of or in connection with work” isn’t necessarily all that ‘clear cut’ even when you read the RIDDOR guidance which says “Arising out of or in connection with work’ has a very wide meaning and regulation 2(2)(c) does not give a complete definition…..RIDDOR does not depend on apportioning blame. The broad meaning of ‘arising out of or in connection with work’ means that an accident may still be reportable even if there had been no breach of health and safety law and no one was clearly to blame”. !!! In saying that para 38 should help in determining whether 'work applies or not.

I’d add my tuupence worth since everybody else has! The key question is ‘Arising from work’ so... 1. Someone comes on to our site and has seizure and goes to hospital-not a RIDDOR they could have had a seizure anywhere 2. Someone comes on site and it stung by a bee and develops anaphylactic shock and goes to hospital –not a RIDDOR bees sting people anywhere 3. Someone comes on to our site for a training course- we run the National Bee Unit and is stung by one of our bees- so it is part of our work activity - develops anaphylactic shock and goes to hospital –this a RIDDOR ( not making this up; this has happened to us) 4. Someone comes on to our site and falls down some of our stairs and is taken to hospital- we are responsible for the stairs on our site. We pay someone to maintain them so they are part of our work-activity so perhaps we should be reporting this as a RIDDOR 5. Someone comes on to our site and eats a piece of chicken satay knowing that they have a severe peanut allergy and is taken to hospital- they had be invited to attend a conference on our site so it is part of our work activity and so we reported it under RIDDOR. RIDDOR is a bizarre piece of legislation. It is a throw back to the old Factories Acts etc where you had clear demarcations between work and none work, and everyone worked on a production line.

Hi All thanks so much for your replies and comments - all v useful thanks again