Rank: Super forum user 
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There is no intention of making this a Friday post but it is a bit of a conundrum.
A piece of operated plant hired by a site under CPA Model Terms and conditions. This makes the operator a loan servant of the hirer.
They slip and break their wrist therefore it must be reported under RIDDOR.
Now for the question who reports their employer or the company / person who has hired them and in control of the site.
I am saying their employer but I may or may not be right.
Thoughts please.
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Rank: Super forum user
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I would agree with you.
This is from the HSE website about RIDDOR reporting:
"An employer or person in control of premises
If you are an employer
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,
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."
http://www.hse.gov.uk/ri...ould-report.htm#employer
From this I read it as the employer reports as he employs the injured person. If it was a member of public then it would be the hirer as the controller.
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Rank: Super forum user
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Further to my above, I have assumed he is not self employed...
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Rank: Super forum user
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We often have this problem as a Principal Contractor where contractors are hurt on our sites.
Our stance is that the employer should report under RIDDOR but we occasionally hit resistance with people claiming it's our responsibility as the "person in control of the premises".
In this case, i'd stick to our stance and push it back on the guy's employer (ultimately the person who pays his wages).
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Rank: Super forum user 
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quote=ashleywillson]I would agree with you.
This is from the HSE website about RIDDOR reporting:
"An employer or person in control of premises
If you are an employer
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,
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."
http://www.hse.gov.uk/ri...ould-report.htm#employer
From this I read it as the employer reports as he employs the injured person. If it was a member of public then it would be the hirer as the controller.
There have been many discussions on this sort of topic over the years. My own take on this issue is that it is the employer who reports unless the actual activities are directly controlled by the hirer.
Ie if you hire a person to help run a part of a widget manufacturing line ( so they don't come in with a particular skill) you train them to operate some part of the production line they become your responsibility including reporting injuries associated with their work.
In this instance you have employed a skilled person, So the question would then be did they hurt themselves by performing that skill or was it just down to site conditions. This makes it the person who was in controls responsibility.
Just my take, which I'm sure others will disagree with.
Chris
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Rank: Super forum user
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Sorry no edit
Last but one line should be :-
This makes it the responsibility of the person in control.
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Rank: Super forum user
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Chris and everyone else I am in complete agreement then bring in the CPA Model Terms and Conditions and it leaves us with another minefield.
I completely understand all of the points raised I think at times they should allow simpletons like me to write the regs life would be so much simpler.
Thanks for the posts Alex
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