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Dave C  
#1 Posted : 03 March 2016 08:48:55(UTC)
Rank: Forum user
Dave C
About 5 minutes before end of work an employee threw a snowball (more like an ice ball) at a colleague which struck him on the forehead/eye area. Employee in pain overnight and has gone to GP this morning. I see this as a workplace incident as opposed to an accident at work but would it become reportable under RIDDOR if it became say an over 7 day? - it was not connected with a work activity but occurred at work. Never had anything like this previously I'm glad to say - appreciate your thoughts.
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Xavier123  
#2 Posted : 03 March 2016 09:08:05(UTC)
Rank: Super forum user
Xavier123
The legal test, under RIDDOR, is whether it was 'arising out of or in connection with work' and not whether it 'occurred at work'. They may often both apply but can just as easily not - hence the common queries and potential for confusion under RIDDOR. It does not automatically follow that an accident or incident at a workplace is deemed to be 'in connection with work'.
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RayRapp  
#3 Posted : 03 March 2016 09:20:52(UTC)
Rank: Super forum user
RayRapp
Whilst it may have occurred at work it is clear this injury was not work related, arising from a folly of an individual. Therefore I suggest it is not a RIDDOR if over 7 day injury.
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descarte8  
#4 Posted : 03 March 2016 10:02:57(UTC)
Rank: Super forum user
descarte8
I prefer the term - Tomfoolery, but in legal speak I guess it would be a frolic of his own?
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WatsonD  
#5 Posted : 03 March 2016 10:35:51(UTC)
Rank: Super forum user
WatsonD
I thought the usual H&S parlance was horseplay?
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Dave C  
#6 Posted : 03 March 2016 11:45:46(UTC)
Rank: Forum user
Dave C
Thank you all, appreciated - and with the addition of a few choice words of how to describe "messing about"!!
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hilary  
#7 Posted : 03 March 2016 11:56:57(UTC)
Rank: Super forum user
hilary
Yes, horseplay and no, not reportable...... however, I would refer you to the other thread on vicarious liability and the Morrisons case. Certainly you should ensure this type of behaviour ceases as you could be found liable for the behaviour of the person who threw the snowball, even in horseplay.
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