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jfw  
#1 Posted : 11 December 2012 23:43:52(UTC)
Rank: Forum user
jfw

How can I find out if a shop has reported an accident under RIDDOR where a member of the public (elderly relative) was injured and taken to the local A&E by ambulance. Do I approach the shop, I they obliged to tell me and can I contact the HSE to find out if they have reported it ? They tripped on a single step, approx 30mm high at the shop front and fell into the front door approx 1 meter behind it, breaking their nose and suffering 2 deep cuts to the face that required several stitches, as well as bruising across their body. They were comforted by a shop assistant while waiting for the ambulance who told them that she had tripped over the step many times entering the shop and that it should be replaced with a ramp. They were taken to A&E because the paramedics could not stop the bleeding from the 2 wounds and because they required stitches. They have told me that the edge of the step was marked with yellow/black sticky tape that was worn and faded. This can be seen when I check the image on Google streetmaps, (but obviously that image might not be representative of the nosing in place at the time). Can anyone advise how best to find out if it was reported ?
Ron Hunter  
#2 Posted : 11 December 2012 23:52:40(UTC)
Rank: Super forum user
Ron Hunter

Contact your Local Authority (LA) Environmental Health Department. They have responsibility for enforcement of health and safety law in shops and similar premises. I wouldn't personally call a change of level of 30mm high 'a step', rather I'd call it a tripping hazard. Whereas 30mm isn't always considered a big deal in the wider built environment, the close confines of a frequently trafficked and unavoidable shop entry is I think a different matter. The LA may be prompted by this incident (and perhaps your persistence) to issue an improvement notice or take other action.
DP  
#3 Posted : 12 December 2012 07:52:50(UTC)
Rank: Super forum user
DP

Jfw – not too sure of your motives to identify if the submission has been made or not – it’s their duty not yours. I can assure you that at the point of an accident in retail there is much hearsay on accident circumstances – what don’t you simply call the shop and ask? If it’s a large chain call their Head Office but I doubt if they will discuss and accident with you that you’re not involved in. The Amay assist you but once again your not involved!
David Bannister  
#4 Posted : 12 December 2012 13:16:49(UTC)
Rank: Super forum user
David Bannister

Agree with DP. What difference will it make to your relative? If you're expecting a LA inspection to follow from a simple trip at a shop threshold and enforcement activity to follow, don't hold your breath. If you're thinking about a civil claim then more important are any witnesses to the event.
ajb  
#5 Posted : 12 December 2012 13:38:47(UTC)
Rank: Forum user
ajb

Whilst the duty to report under RIDDOR may be the shop's why dont you also report it - either directly via the web form on HSEs website or directly to the Council as a complaint? Whilst one incident of a trip may or may not illicit a response, depending on the Council's policy regarding accident investigations or complaints, if any others also complain this builds up a picture which (hopefully) the Council will pick up on and deal with. With proactive inspections being restricted to high risk premises only Councils are looking for other ways and means, using intelligence such as this, to get a foot in the door (no pun intended) in order to do inspections.
DP  
#6 Posted : 12 December 2012 16:20:06(UTC)
Rank: Super forum user
DP

AJB report what exactly? LA's and the HSE are going to be over the moon in members of the public start sending in F2508s willy nilly having no business doing so!!!! Its for the store to investigate and report if deemed necessary - many 100's of elderly people trip on steps inside and entering retail premises every month - many of these are not even notifiable incidents despite being taken to hospital. Simply ask the retailer or their head office but I still don’t get the point of wanting to know if its been reported or not!! If a civil claim is to be submitted then do it - the outcome of the civil matter wont depend on any submission or not - it will be based on evidence as with the submission of any report from the retailer should he / she feel it necessary to do so.
Canopener  
#7 Posted : 12 December 2012 18:29:51(UTC)
Rank: Super forum user
Canopener

Like DP I am curious as to the motive! I have my suspicions though! I am sorry but the suggestion to report this yourself is frankly ludicrous, however, by all means make a complaint (as this appears to be at least part of the motive) either to the shop or to the council. RIDDOR report though, I suggest you don't! From the very limited details you have provided I wouldn't hold your breath on the council serving an improvement notice though.
ajb  
#8 Posted : 13 December 2012 12:14:16(UTC)
Rank: Forum user
ajb

DP and canopener, sorry you dont like my suggestion for jfw to use the riddor report forms themself, but you'll find that the public are already using them to notify the HSE and Council's about accidents, to make complaints about health and safety (and about non health and safety matters) and also, unfortunately, in malicious ways. It's an option for jfw to consider if they werent already aware of it, that's all. Isn't that what the purpose of this forum is about? Surely you aren't suggesting people should not post something just in case someone else doesnt agree with it!
Ron Hunter  
#9 Posted : 13 December 2012 13:46:50(UTC)
Rank: Super forum user
Ron Hunter

It had never ever occurred to me that the HSE's on-line public reporting portal is just that, and that any Tom, Dick or Harry can enter and send off anything they like via F2508. I wonder what resource the HSE employs to filter out the spurious entries and how secure it is from cyber-bot attack
tabs  
#10 Posted : 13 December 2012 14:05:06(UTC)
Rank: Forum user
tabs

DP wrote:
(snip) Its for the store to investigate and report if deemed necessary - many 100's of elderly people trip on steps inside and entering retail premises every month - many of these are not even notifiable incidents despite being taken to hospital. (snip).
Sorry DP - why would many of these not be reportable if a member of the ppublic is taken to hospital? (Did you mean after going home, perhaps?) My recolection is that any incident leading to a member of the public being taken from a business premises to hospital would be reportable. Did they change that sometime?
Clairel  
#11 Posted : 13 December 2012 14:23:28(UTC)
Rank: Super forum user
Clairel

tabs wrote:
DP wrote:
(snip) Its for the store to investigate and report if deemed necessary - many 100's of elderly people trip on steps inside and entering retail premises every month - many of these are not even notifiable incidents despite being taken to hospital. (snip).
Sorry DP - why would many of these not be reportable if a member of the ppublic is taken to hospital? (Did you mean after going home, perhaps?) My recolection is that any incident leading to a member of the public being taken from a business premises to hospital would be reportable. Did they change that sometime?
Any MoP taken to hospital where the accident was as a result of a deficiency in the work activity or premises. Otherwise you'd be reporting all the time. This has been debated so many times.
Clairel  
#12 Posted : 13 December 2012 14:27:49(UTC)
Rank: Super forum user
Clairel

I'm not going to get drawn into condeming the shop based on one side of events. Tripping up a step does not automatically mean the shop was at fault in any way. If there was no defect or other factor (other than carelessness / old age) then it is not reportable. But even if it is a reportable accident I too do not undertsand why an member of public would want to report. If a claim is to be made it is irrelevant whether there was a breach of HSWA or not. One is criminal law and one is civil law. Different burdens of proof.
jwk  
#13 Posted : 13 December 2012 16:52:13(UTC)
Rank: Super forum user
jwk

We get a lot of elderly (and not so elderly) people tripping and falling over, sometimes they go to hospital, but if our retail colleagues manage to let us know (which they often don't) we always have to evaluate whether the injury was caused by an incident arising from work. As Clairel says, deficiency in the premises or work activity are what we look for. If they fall because there's a child running round their legs (as has happened) or because they're a bit wobbly and in need of a rest (as has happened) or because their shoes are old and clapped out, we don't report, John
DP  
#14 Posted : 13 December 2012 17:00:52(UTC)
Rank: Super forum user
DP

AJB its not about not liking it – just my opinion is that its wrong simple as – I deal with over 250 LA’s I have never come across MOTP reporting matters via F2508’s – that’s not to say you are incorrect. I think you, canopener and I are within the spirit of this forum. Long may we continue…………… Tabs – not all accidents to MOTP are reportable simply because they were taken directly to hospital – this has never been the case just peoples misunderstanding of L73 – I blame NEBOSH – this is what they taught us during our Certs – it’s not the case. L73 provides ample information to make a decision along with many HELA docs available to support. PM I’ll send you an example?
frankc  
#15 Posted : 13 December 2012 17:46:08(UTC)
Rank: Super forum user
frankc

Clairel wrote:
Any MoP taken to hospital where the accident was as a result of a deficiency in the work activity or premises.
As the OP mentioned a raised floor of 30mm (can that actually be called a step) which was poorly highlighted by worn tape and the member of staff was quoted as saying she had tripped on it a number of times previously, does that not constitute a deficiency?
Clairel  
#16 Posted : 13 December 2012 18:13:20(UTC)
Rank: Super forum user
Clairel

frankc wrote:
Clairel wrote:
Any MoP taken to hospital where the accident was as a result of a deficiency in the work activity or premises.
As the OP mentioned a raised floor of 30mm (can that actually be called a step) which was poorly highlighted by worn tape and the member of staff was quoted as saying she had tripped on it a number of times previously, does that not constitute a deficiency?
I'm not saying it isn't reportable. I'm saying it's not automatically reportable. Lots of hearsay as far as I'm concerned. A staff says they've tripped over it numerous times. Well that could have been said just to make the old lady feel better about it. Or it could have been said out of general concern that it was a hazard. How do any of us know that the hazard tape was deficient. I haven't seen it have you? A 30mm raised strip is not necesarily an issue. And is that a guestimate at 30mm or did someone actually measure it? And where is the mention of what the old lady thinks. Does she say she was being careless or that she genuinely felt it to be a hazard? I will not take on face value what is said in these circumstances. I've investigated too many accidents. And I've learnt that what was put on the RIDDOR report rarely reflected what actually happened!!
frankc  
#17 Posted : 13 December 2012 19:49:48(UTC)
Rank: Super forum user
frankc

Clairel wrote:
frankc wrote:
Clairel wrote:
A 30mm raised strip is not necesarily an issue. And is that a guestimate at 30mm or did someone actually measure it? !!
Bearing in mind the OP said 'Approx 30mm' my money is on guesstimation. ;-) Personally, i just hope the OP's elderly relative gets well soon.
Canopener  
#18 Posted : 14 December 2012 14:02:55(UTC)
Rank: Super forum user
Canopener

AJB wrote:
DP and canopener, sorry you dont like my suggestion for jfw to use the riddor report forms themself, but you'll find that the public are already using them to notify the HSE and Council's about accidents, to make complaints about health and safety (and about non health and safety matters) and also, unfortunately, in malicious ways. It's an option for jfw to consider if they werent already aware of it, that's all. Isn't that what the purpose of this forum is about? Surely you aren't suggesting people should not post something just in case someone else doesnt agree with it!
I am not suggesting anything of the sort, and nor would I! Nevertheless I strongly disagree with your suggestion that the OP makes a report under RIDDOR themselves; they are NOT the duty holder and it is not a system for the general public to make complaints. I have worked for an LA for 20 years and while I have come across a number of injuries that have been reported but didn't need to be, I have NEVER come across a SINGLE incidence where a F2508 has been used by a non duty holder to report an accident, make a complaint about health and safety, or make any other complaint. I think it is wrong for you to encourage the MISUSE of the reporting system. If someone has a health and safety complaint then both the HSE and LAs have mechanisms to allow this (although I accept that contacting the HSE may not be quite as easy as it used to be). To contact an LA you can phone, write a letter, write an e mail or most will have a online reporting system. That is the approach they should take, NOT by submitting a RIDDOR report.
chris42  
#19 Posted : 14 December 2012 15:49:09(UTC)
Rank: Super forum user
chris42

Firstly the answer to the OP's question is no, regardless of their own personal reason of why they may want to. Secondly the HSE website has the wording below. the last line has [7] and this was a link to another page that said if you really want to complain then fill out the form link from this page, which takes you to a form reference COMP1, not F2508 : The injured person (or their representative), employee (or their representative), trade union representative or member of the public RIDDOR only requires employers, the self-employed and people in control of work premises (the Responsible Person) to make a report. If you have been injured at work or have been diagnosed by a doctor as suffering from a work related reportable disease, the Responsible Person may have to make a RIDDOR report. You should inform your employer or the person in control of the premises that you have been injured or have a work related reportable disease. If you are concerned that the Responsible Person has not made a report you should: ask them if they have reported the incident, and/or; approach your employee or TU representative If you still feel that your accident or work related disease has not been reported, or if you wish to report another issue, the complaints about workplace health and safety[7], provides additional guidance.
boblewis  
#20 Posted : 17 December 2012 10:39:23(UTC)
Rank: Super forum user
boblewis

Ron at #9 Just noticed this. If the US defence computors are all so easily hacked then why should the HSE or its contractor be any different. I bet somebody has the username set as USERNAME and the password as PASSWORD. Come on let the guilty parties step forward:-) Bob
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