Rank: New forum user 
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Hi
We have just had a dangerous occurence arise where the unloading of a delivery vehicle (HGV) led to the failure of the tail lift, causing a pallet of materials (bags of sand, plastic piping etc) to fall 1.2 metres to the ground. Noone was injured, nor were they struck by the falling material.
The delivery vehicle was neither operated nor procured through the company I work for (it was arranged by the supplier from whom we ordered the materials). The site on which we are working (undertaking well monitoring activities) is arguably not entirely under our control, as it is a fully functioning industrial estate (although the delivery works were segregated from other operations on site).
The incident is reportable under RIDDOR Schedule 2 (1) (1), however I'm a little uncertain as to whether or not we are responsible for reporting the incident in this instance, as the delivery activity was part of our overall project works. It should be noted that the person involved in the incident was not our employee, and therefore I'm currently of the opinion that the party resposible for reporting should be THAT employees employer (as per RIDDOR reg 3 (1) (a) (i) ). However I would welcome any advice from this forum if there is a difference of opinion?
Irrespective of the RIDDOR Acategory, I should mention that that we are of course fully investigating this incident and will seek to share lessons within our business and also directly with our supply chain.
Thanks
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Rank: Super forum user 
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I am inclined to agree with you that the employees employer should report. However, if you look at http://www.hse.gov.uk/ri...ould-report.htm#employerthe brief summary does appear to be slightly contradictory in that it seems to suggest that both the employer and the person in control of premises reports. "If you are an employer, you must report any work-related deaths, and certain work-related injuries, cases of disease, and near misses involving your employees wherever they are working.". "If you are in control of premises, you must report any work-related deaths, certain injuries to members of the public and self-employed people on your premises, and dangerous occurrences (some near miss incidents) that occur on your premises.".
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Rank: Forum user
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I agree - the HGV owner / employer is the 'responsible person' in this instance as they were carrying out their undertaking and the 'premises' could be construed as the vehicle / tail lift. The employer is the only person who can answer any enquiries about the failure and take the necessary corrective actions - in my opinion.
The HSE FAQs on their website can sometimes mislead - as I have found in the past.
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Rank: Forum user
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If you look at reg 3. it says " the responsible person shall".
Then look at the interpretations of the responsible person in reg 2
(b) (where sub-paragraph (a) above does not apply) in the case of the death of or other injury to an employee reportable under regulation 3 or of a disease suffered by an employee reportable under regulation 5, his employer; and
(c) in any other case, the person for the time being having control of the premises in connection with the carrying on by him of any trade, business or other undertaking (whether for profit or not) at which, or in connection with the work at which, the accident or dangerous occurrence reportable under regulation 3, or case of disease reportable under regulation 5, happened; "
So controller of the part of the premises where it happened should report however, you should also review part vi of 2a as you mentioned you are monitoring a well
a dangerous occurrence at a well, the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by the well or, where no such person has been appointed, the concession owner (and for this purpose “concession owner” means the person who at any time has the right to exploit or explore mineral resources in any area, or to store gas in any area and to recover gas so stored if, at any time, the well is, or is to be, used in the exercise of that right);
Hope this helps
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Rank: Forum user
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I think you are quoting from RIDDOR 1995 - the Regs were amended in 2012 and fully updated / replaced in 2013.
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Rank: Forum user
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Apologies, I have
If it is a well though review paragraph 2 of new reg 3.
"(2) Despite paragraph (1), in these Regulations the “responsible person” is—
(a)in relation to a mine, the manager of that mine;
(b)in relation to a closed tip, the owner of the mine with which that tip is associated;
(c)in relation to a quarry, the operator of that quarry;
(d)in relation to a dangerous occurrence—
(i)at a pipeline, the operator of that pipeline; or
(ii)at a well, the person appointed to organise and supervise the drilling of, and operations using, that well by any person granted a licence under section 3 of the Petroleum Act 1998(1), or where no such person is appointed, that licensee; or
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