Rank: Super forum user 
|
A member of the public falls and breaks her hip on a staircase at a place of work - appears to be her fault - is this RIDDOR - I think not but would like opinions
SBH
|
|
|
|
|
|
Rank: Super forum user 
|
RIDDOR has nothing to do with fault. That is for any investigation to find out and lawyers to argue over.
If the woman was taken from the place of work to hospital then RIDDOR applies.
|
|
|
|
|
|
Rank: Forum user
|
If there is nothing wrong with the stairs, hand rail etc it is defiinitely not RIDDOR. Just read L73 and note that the current consultation aims to remove the requirement completely.
|
|
|
|
|
|
Rank: Forum user
|
I'm with David, it should be reported.
Quote below taken from current L73 Page 10 item 9 (c)
"Someone who is not at work (e.g. a member of the public) suffers an injury as a result of an accident and is taken from the scene to hospital"
I would have thought with a broken hip would be taken to hospital.
Geoff
|
|
|
|
|
|
Rank: Forum user
|
We keep going over old ground here.
It is only reportable if it is ATTRIBUTABLE to the manner of conducting an undertaking ....... there are examples and clear guidelines in L73. It is not reportable and I have written evidence of this from the HSE themselves.
|
|
|
|
|
|
Rank: Super forum user 
|
If a member of the public is taken immediately to hospital & the injury results from an accident arising out of or in connection with work, then yes it is reportable.
It's that second proviso that causes the continuing queries as to what this phrase actually means.
From past experiences, my simple take on it is:
1. Defect on step = report
2. Nothing wrong with step & just lost footing = not reportable
This observation stems from many conversations with different HSE Inspectors over the years, & in my opinion, makes perfect sense in relation to what RIDDOR is actually seeking.
However, I have previously stated on this Forum that it is a poorly crafted piece of legislation & needs a complete overhaul rather than a "tinker" as per the current consultation process.
|
|
|
|
|
|
Rank: Super forum user
|
Based on info provided not reportable.
Davis Bannister, that is not the case at all.
|
|
|
|
|
|
Rank: Super forum user
|
|
|
|
|
|
|
Rank: Super forum user
|
Why does this come up again and again. It is worrying that so many people, including consultants, think that it is always reportable if a member of public is taken to hospital. As said repeatedly before this would mean every time a member of public had a heart attack or feinted it would be reportable.
If there was nothing wrong with the stairs (and there were no other factors associated with the scene of the accident - lack of hand rail, too steep stairs, inadequate lighting etc) then it's not reportable.
You have to look at the purpose of RIDDOR, which is not to record every member of public taken to hospital for being ill or clumsy.
|
|
|
|
|
|
Rank: Forum user
|
The premises the unfortunate victim was on when she fell were provided for the purposes of work. Assuming she was taken from hospital from the premises as a result, this has to be reportable under RIDDOR.
|
|
|
|
|
|
Rank: Forum user
|
Please refer to Clairel's accurate answer. Please read ALL relevant parts of L73 and not just an isolated sentence. Sorry to sound like a school teacher here, but we should be striving for consistency (and accuracy) within our profession and institution. Could the moderators put out a statement to prevent these continuous misinterpretations?
|
|
|
|
|
|
Rank: Forum user
|
Injury and subsequent removal to hospital arose from accident attributable to the condition (though not necessarily defective) of the premises. Seems clear and difficult to misinterpret.
|
|
|
|
|
|
Rank: Forum user
|
tomorton wrote:Injury and subsequent removal to hospital arose from accident attributable to the condition (though not necessarily defective) of the premises. Seems clear and difficult to misinterpret.
To which 'condition' of the premises are you suggesting it is attributable?
|
|
|
|
|
|
Rank: Super forum user 
|
Agree wholly with Claire here; we had one incident where somebody's leg just broke in one of our changing rooms (turned out to be first symptom of an undiagnosed cancer); this was not reportable. We have had people have epileptic seizures, strokes and cardiac arrests; none of them reportable. Somebody died from a pulmonary embolism at a fundraising event; not reportable. We have also had people 'just fall over'; not reportable. There has to be some involvement with work activity or a defect in the premises (e.g. torn carpet, poor lighting, misleading signage, missing stair nosings etc etc) for this type of thing to need reporting,
John
|
|
|
|
|
|
Rank: Forum user
|
Hi Barnaby again - by condition I mean just that, its condition, not wishing to imply any defective condition.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.