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Thomas Baxter  
#1 Posted : 16 February 2015 14:38:57(UTC)
Rank: Forum user
Thomas Baxter

I would appreciate some advice and thoughts on whether this is reportable under RIDDOR;

An HGV turning into a yard came into contact with a member of the public who was passing up the nearside of a stationary queue of traffic. The person involved was not on the company premises, but travelling through an industrial estate on foot.


The injured party was taken by ambulance to the local A&E where no fractures were found, 'only' soft tissue damage.


My instinct tells me that this is not reportable even though it is a member of the public. Am I right in thinking this?

I understand that examinations and diagnostics do not constitute treatment. For diagnostics I am reading x-rays...

I also realise that there is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent. That said, some level of bruising could be seen. I attended the scene and observed and so this information is what I saw at the time. I have recorded the incident internally. There were no witnesses to the incident and CCTV footage is long distance. Police attended but I have heard nothing from them or from VOSA either.


I am only two weeks in post and this is my first role since leaving the Armed Forces. I would be grateful for any advice.

Regards,

T
ashleywillson  
#2 Posted : 16 February 2015 15:08:59(UTC)
Rank: Super forum user
ashleywillson

Thomas

Direct for HSE websiote guidance on RIDDOR:

Non fatal accidents to non-workers (eg members of the public)

Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances.

This means that, as far as I can tell, it is not reportable since the MOP did not require treatment at the hospital.

Hope you're enjoying your new post!
Palmer20061  
#3 Posted : 16 February 2015 15:18:12(UTC)
Rank: Forum user
Palmer20061

From my reading of the post I don't think it's reportable as it didn't appear to happen on the company premises - it was in effect a road traffic incident & so RIDDOR doesn't apply.

(I think you can argue whether they got treated for soft tissue damage at the hospital - perhaps they were given some painkillers - but I just don't think RIDDOR applies if I've read the post correctly).
Thomas Baxter  
#4 Posted : 16 February 2015 15:19:15(UTC)
Rank: Forum user
Thomas Baxter

Ashley,

That is my understanding also; thanks for responding.

There is certainly a lot to be done; I've no time to be bored!
Thomas Baxter  
#5 Posted : 16 February 2015 15:20:57(UTC)
Rank: Forum user
Thomas Baxter

Palmer,

Thanks for the response. I think I'm going to sit on it. I've recorded it so I'll wait for the inevitable compensation claim!
toe  
#6 Posted : 16 February 2015 21:01:34(UTC)
Rank: Super forum user
toe

RTA on the public highway are not reportable under RIDDOR, as previously posted.
JHF  
#7 Posted : 17 February 2015 09:50:20(UTC)
Rank: Forum user
JHF

For what its worth - agree with the above.
Flashman  
#8 Posted : 17 February 2015 09:59:21(UTC)
Rank: Forum user
Flashman

Regarding compensation claims...

You may want to take look at the entrance/access/egress to the yard and ensure that there is adequate separation between the public and vehicle movement.

Thomas Baxter  
#9 Posted : 17 February 2015 12:05:23(UTC)
Rank: Forum user
Thomas Baxter

Flashman,

Many thanks for the suggestion. I think I need to consider some warning signs too!
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