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Lemony  
#1 Posted : 11 July 2016 11:51:50(UTC)
Rank: New forum user
Lemony

Hi All, I would be grateful for your interpretation of RIDDOR Responsible Person in Landlord Controlled Common Parts. We are a tenant in a multi-occupied building and a member of staff was injured by a door that was in the Landlord controlled areas. Staff member had fully exited our demised area and was leaving office block. RIDDOR regs are so ambiguous as to have had me chasing my tail on this one. It is definitely RIDDOR reportable as the staff memebr sustained a quite severe facial injury and will hit the over seven day threshold. I am in no way opposed to reporting this, but feel that given this incident occurred in the common parts of the building over which we have zero control, responsibility for reporting lies with Landlord. Does anyone else have a similar or opposing views or experience with this kind of scenario. Thanks in advance.
Jimothy999  
#2 Posted : 11 July 2016 11:57:40(UTC)
Rank: Forum user
Jimothy999

From the RIDDOR site: 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, 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. As he is your employee, you are responsible for reporting. Assuming that he is carrying out work on behalf of the landlord then from the latter's pint of view he is neither a member of the public nor a self-employed person. Those are the only categories that a controller of premises would normally report. Link to site here: http://www.hse.gov.uk/riddor/who-should-report.htm
Lemony  
#3 Posted : 11 July 2016 12:12:10(UTC)
Rank: New forum user
Lemony

Thanks - I had read that and whilst I'm initially inclined to agree with your interpretation, the question I am being asked is whether that individual is 'at work' if they have exited our demised area. Is there any scope for them to be considered 'members of the public' within the Landlords area and so for reg 3 (a) (ii) to be more relevant in this instance? It's obviously an either / or scenario. In these Regulations, the “responsible person” is— (a)in relation to an injury, death or dangerous occurrence reportable under regulation 4, 5, 6 or 7 or recordable under regulation 12(1)(b) involving— . (i)an employee, that employee’s employer; or . (ii)a person not at work or a self-employed person, or in relation to any other dangerous occurrence, the person who by means of their carrying on any undertaking was in control of the premises where the reportable or recordable incident happened, at the time it happened; All opinions gratefully received.
Xavier123  
#4 Posted : 11 July 2016 13:30:24(UTC)
Rank: Super forum user
Xavier123

Out of interest, what was wrong with the door?
neil88  
#5 Posted : 11 July 2016 15:28:30(UTC)
Rank: Forum user
neil88

"Staff member had fully exited our demised area and was leaving office block." 1. Had the staff member completed their work and was leaving at the end of the day? or 2. Was the staff member leaving the building, for example to attend a meeting with a client. In my opinion, this would clearly determine the work-relatedness of this incident.
chris42  
#6 Posted : 11 July 2016 15:49:00(UTC)
Rank: Super forum user
chris42

When the person is in this common area, surely he is an authorised visitor, so a member of the pubic as far as the landlord is concerned. He is not working for the Landlord. We all work for someone even though we are members of the pubic when not at work. There has to be something wrong with the door for this to even be considered reportable by anyone, lack of vision panel ? Think there is more information needed.
Lemony  
#7 Posted : 11 July 2016 17:20:45(UTC)
Rank: New forum user
Lemony

Thanks all for response so far. In answer to queries, there was no defect with the door. I am limited as to what I can say from a client confidentiality perspective. However, there was an incident involving the door that related to works being carried out by the landlord's contractors. I am comfortable that this is reportable due to the nature of the incident (including organisation of work) and injury sustained. I am seeking advice on whether it should be reported by Landlord or by the employing organisation of the IP. The member of staff had finished their shift for the day. Had exited our demise and entered into common parts of the Landlord's area, which is used for access and egress by all tenants of the building. Again, thanks in advance.
Jimothy999  
#8 Posted : 12 July 2016 09:12:32(UTC)
Rank: Forum user
Jimothy999

Your employee was not working for you at the time of the injury and was not on premises controlled by you, therefore you do not need to report this anymore than if they'd injured themselves at home. Whether or not the landlord needs to report will depend on what happened and if that meets the reporting criteria for members of the public.
neil88  
#9 Posted : 12 July 2016 12:45:05(UTC)
Rank: Forum user
neil88

Jimothy999 wrote:
Your employee was not working for you at the time of the injury and was not on premises controlled by you, therefore you do not need to report this anymore than if they'd injured themselves at home. Whether or not the landlord needs to report will depend on what happened and if that meets the reporting criteria for members of the public.
I agree with this.
jwk  
#10 Posted : 12 July 2016 13:46:03(UTC)
Rank: Super forum user
jwk

Jimothy999 wrote:
Your employee was not working for you at the time of the injury and was not on premises controlled by you, therefore you do not need to report this anymore than if they'd injured themselves at home. Whether or not the landlord needs to report will depend on what happened and if that meets the reporting criteria for members of the public.
I agree with this.
And so do I, John
Lemony  
#11 Posted : 13 July 2016 12:27:39(UTC)
Rank: New forum user
Lemony

Thanks one and all for your opinions. Very useful.
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