Rank: Super forum user
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Apologies for asking a RIDDOR query, but who is responsible for reporting a RIDDOR in this particular case......? A building contractor working at the front of our premises removing some scaffolding has a heras type fence in place to separate and screen his operatives and the work from the public who are using the pedestrianized area at the front of the building. A single fence panel blows down in a gust of wind, slightly injuring a member of the public who is taken to hospital on the advice of a paramedic who attended the incident. Bearing in mind the incident did not actually occur on our premises or in an area under our control, who in your view is responsible for submitting the RIDDOR report, the contractor or the Client (us)? Whilst I have my own view the issue is likely to be debated and I would be interested in other, possibly more knowledgeable, views. Over to you and thanks in advance......(ps the incident is being thoroughly investigated and fault/cause is not at issue here, it is very clear why it happened).
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Rank: Super forum user
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I don't know the answer. I think you need to establish the meaning of the word 'site' in this case.
However there is a thing in Law known as the locus of a premises (I think). For example a landlord may be responsible for things that happen outside the pub, although they do not own the area. I'm not sure if this applies here though, debate is healthy.
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Rank: Super forum user
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For what its worth, this probably shouldn't be reported by either party...From the dscription given the injured person was taken to hospital for assessment rather than treatment! If there's no visible, obvious injury clearly needing attention, and no on site medic to do a diagnosis, then this will often be the case.
However, if the victims head was obviously split and needing stitches.... Then, it is the contractors responsibility under cdm to secure the perimeter of his site, and any failure of that perimeter is his responsibility, so any reporting requirement falls to him. As would any subsequent claim for damages from the aggrieved passer by.
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