Rank: Forum user
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I know I should know this but just want to other opinions.
Member of staff returning to work from her lunch tripped in our car park and fractured arm, but only went hospital a few days later. It is debatable if the floor surface is defective or not (borderline on acceptability).
Reportable or not:if assessed that the flooring is not defective? or if assessed that the flooring is defective?
Interpretation of "at work" and "work activity";she was at work, but not undertaking a work activity, nor getting paid as she was on her lunch break. Which leads me think it is only reportable if the floor is defective.
Thanks in advance
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Rank: Forum user
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Hi JWG
I'd play safe and RIDDOR it. She was on the premises and sustained a reportable injury, chances are HSE might not take an interest in it, but it won't look good on you if the employee makes a claim and you said nothing.
Hope this helps
Tom
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Rank: Super forum user
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I don't think it is reportable. It needs to arise out of or in connection with work. She was not working and not being paid and the fact that it happened on your premises is irrelevant.
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Rank: Super forum user
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Have to disagree with Hilary on this one. Its part of your work activity to maintain the car park so if its defective then I would say reportable. If shell fell over her own feet or shoe lace etc then not reportable.
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Rank: Forum user
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From the HSE guidance
"What is meant by ‘work-related’? RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role:
the way the work was carried out any machinery, plant, substances or equipment used for the work or the condition of the site or premises where the accident happened"
On the last point above, may be so because the surface and its condition may be part of the site or premises where the accidents happened.
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Rank: Forum user
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Many thanks to you all. I'll consider all comments.
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