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garyc  
#1 Posted : 06 November 2013 22:05:33(UTC)
Rank: Forum user
garyc

Hi All, 1x employee was punched by a room mate early Sunday morning in their room (out of working hours) 1x employee got a bad eye and will be off work for 2 weeks. I would say this is reportable due to duty of care, though was not work related interested in your thoughts please
Canopener  
#2 Posted : 07 November 2013 07:58:28(UTC)
Rank: Super forum user
Canopener

You don't say anything about what precipitated the 'assault' but reporting because of a 'duty of care' is not one of the criteria for reporting under RIDDOR. Is it? Look at the reporting requirement rather than 'making them up yourself' and I think you will arrive at the conclusion that unless it genuinely arises out of work (and you clearly suggest that it doesn't) then I would suggest that it isn't reportable.
garyc  
#3 Posted : 07 November 2013 08:26:32(UTC)
Rank: Forum user
garyc

Thanks canopener, my thoughts also but was just interested in the experience out there.
walker  
#4 Posted : 07 November 2013 08:29:18(UTC)
Rank: Super forum user
walker

It doesn't want reporting to HSE but it does want reporting to the police
jay  
#5 Posted : 07 November 2013 09:43:17(UTC)
Rank: Super forum user
jay

It may depend upon the cause of "Violence"--please refer to:- http://www.hse.gov.uk/ri...e-incidents.htm#violence Violence at work Q. Our receptionist was injured when she was hit at work. The assailant was her partner and the argument was about their personal life, not work. Is this reportable? A. No. Although acts of non-consensual physical violence to a person at work are included in the definition of an accident, the accident must be work-related. This was not, it was a personal matter.
MEden380  
#6 Posted : 07 November 2013 10:45:38(UTC)
Rank: Super forum user
MEden380

Another scenario - receptionist goes out of office on work related errand, trips over uneven pavement and breaks her arm - 2 days in hospital, steel plate in arm, is this a reportable incident?
Canopener  
#7 Posted : 07 November 2013 11:46:07(UTC)
Rank: Super forum user
Canopener

quote=MEden380]Another scenario - receptionist goes out of office on work related errand, trips over uneven pavement and breaks her arm - 2 days in hospital, steel plate in arm, is this a reportable incident?
Yes I would think so; I would suggest that it is 'arising out of or in connection with work'; that you may not have had any control of the cause (a dodgy paving slab) is IMO irrelevant. It's a shame that the previous guidance has been withdrawn, as I am pretty sure that within that it said something along the lines of (and I paraphrase from memory) that RIDDOR is not concerned with who, if anyone is to blame but whether it arose out of or in connection with work. If in the OP's scenario the IP was thumped during the course of his work (e.g. thumped by a customer because their new washing machine was in for repair for the 57th time!) then it would be reportable, if not, then I suggest not.
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