Rank: Forum user
|
Member of staff clocks out and skids in the car park and injures himself in doing so - now gone sick. Is this an employee accident given the circumstances? If this goes over 7 day is it reportable?
The IP did not go directly to hospital so if classified as non employee at the time its not reportable under MoTP criteria.
Kate
|
|
|
|
Rank: Super forum user
|
Are you responsible for the car park? Why was the person using that car park? I think the fact that they had "clocked off" is a red herring if you provide the parking then staff using it is part of their work activity in my view.
|
|
|
|
Rank: Forum user
|
Is the car park your property ? Is it made available for staff use?
And as the ruling states to provide safe access and egress from a place of work, so it's my interpretation that it would be RIDDOR reportable.
|
|
|
|
Rank: Forum user
|
Thanks all! if it goes 7 days then reportable!
Appreciate your comments
Kate
|
|
|
|
Rank: New forum user
|
Consideration should be given as the how the employee slipped, i.e. was the car park part of a de-ice programme, was there a pothole that should ahve been filled in etc, as there is still a duty of care owed to that person, whether they are employee or visitor to the site.
Agree with previous comments, was the carpark part of the working boundry, or was it privately owned and controlled by another company? Also agree the clocking in/out is a bit of red herring. If your an employee authorised to be onsite, on company property and have an accident you are reportable under RIDDOR. If you are considering the employee as a visitor at the time of the accident, and he did not report to hospital, then RIDDOR guidence states that this is not reportable.
http://www.hse.gov.uk/ri.../do-i-need-to-report.htm
I do not belive that the carpark is considered an access and egress to the workplace, but this obviously depends where the car park is and whether you ahve to cross it to get into the site.
If the employee did not report the accident, and there is no proof of any accident, I would consider this an alledged accident however still investigate as a normal accident.
|
|
|
|
Rank: Super forum user
|
Even if the car park is yours and an access route to/from work, I wouldn't report this unless there was a defect of some kind, or an allegation that there was one.
The fact that an employee trips or slips on work premises doesn't in itself mean the incident is "arising out of or in connection with work". Every case is unique.
Good luck!
|
|
|
|
Rank: Super forum user
|
gramsay wrote:
The fact that an employee trips or slips on work premises doesn't in itself mean the incident is "arising out of or in connection with work". Every case is unique.
Here we go again.
An employee, on the premises (if we can agree/assume that much) where they work is connection enough.
Does not matter what they are doing - eating cakes, sweeping, playing conkers, on break, its all the same.
Don't tell me some people would not report anything occurring in say the fag shelter as they were on their rest break and rest breaks don't count!
|
|
|
|
Rank: Super forum user
|
The HSE guidance gives an example where an employee, before clocking on, trips in the car park for no apparent reason is not RIDDOR reportable. If it is a company car park and there was some defect ie pothole or there was ice not gritted in an area people could be expected to walk then maybe different. We don’t know why the person tripped so cannot answer the question.
“Skids in the car park” we are assuming they are on foot ! Could be in a car or on a bike.
More information is needed.
|
|
|
|
Rank: Super forum user
|
But according to the HSE there is much more to it than just being in a workplace. Look at points 36-38 of L73 which outline the factors to consider.
|
|
|
|
Rank: Super forum user
|
Agreed, damelcfc, fag breaks, clocking off, etc don't make a difference, an employee is an employee.
But I use the "three key factors" and decide from that whether to report *always* erring in favour of reporting rather than not.
I don't mean I'd not report "anything" that happened in your fag shelter, just that I'd not report "everything". Just because someone injures themselves at work doesn't mean it was arising out of a work activity.
|
|
|
|
Rank: Super forum user
|
Apologies my 1st answer was a little short but I two agree with others there must be some reason for the "Skid" don't know if this is on foot or in vehicles. If on ice etc as others have said then reportable if over own feet or because the employee was trying to do some stunt driving (so long as that's not their job) then not reportable.
|
|
|
|
Rank: Super forum user
|
Just focusing on the carpark bit and assuming we all agree it is the premises then let me tackle it from a slightly different angle.
One employee punches another spark out in the street of an evening - hope we all agree not reportable.
One employee punches another spark out in said carpark - so only difference is the location - are you reporting?
|
|
|
|
Rank: Super forum user
|
It depends on why he punched him, not where he punched him.
|
|
|
|
Rank: Super forum user
|
See L73 paragraphs 41-42.
|
|
|
|
Rank: Super forum user
|
Kate wrote:See L73 paragraphs 41-42.
Fair comment and I agree.
The flip side of the coin on this one is that the person punched will sue the company, not the perpetrator for vicarious liability as he/she is entitled to safe competent fellow workers whilst AT work so the location does matter. In respect to RIDDOR on this, the context of the arguement/violence is key.
Back to the initial question/scenario - location is important as 1 factor, the reason for the 'skid' needs the focus
|
|
|
|
Rank: Super forum user
|
To expand - the person(s) responsible for the upkeep of the location should material defect/ommision be cited at said location during investigation/allegation (for the 'skid')
|
|
|
|
Rank: Forum user
|
If it becomes over 7 days, I would play safe and report it.
|
|
|
|
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.