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stonecold  
#1 Posted : 03 August 2016 11:36:54(UTC)
Rank: Super forum user
stonecold

Hi.

If a contractor causes a dangerous occurrence to occur on a clients site (e.g contractors scaffold tower overturns). Who is responsible for reporting it to the HSE as per the RIDDOR regs? (I`m thinking it should be the contractor).

If the contractor fails to report it could the client face any penalties as it happened on the clients site/ premises?

HSSnail  
#2 Posted : 03 August 2016 13:25:07(UTC)
Rank: Super forum user
HSSnail

hate quoting regs but reg 3 (ii) - says Responsible person - the person who by means of their carrying on any undertaking was in control of the premise where the reportable or recordable incident happened.

So unless you hand over complete control to the contractor I read that as being the -person in charge of the site - so the company who owns it, the principle contractor if covered by CDM. For me the key word is PREMISES, it does not refer to the activity.
stonecold  
#3 Posted : 03 August 2016 13:26:59(UTC)
Rank: Super forum user
stonecold

Brian Hagyard wrote:
hate quoting regs but reg 3 (ii) - says Responsible person - the person who by means of their carrying on any undertaking was in control of the premise where the reportable or recordable incident happened.

So unless you hand over complete control to the contractor I read that as being the -person in charge of the site - so the company who owns it, the principle contractor if covered by CDM. For me the key word is PREMISES, it does not refer to the activity.


Ok that makes sense, thanks for the reply.
alistair  
#4 Posted : 03 August 2016 13:49:05(UTC)
Rank: Forum user
alistair

If it helps, my understanding is that if it is a DO under Reg7 (which includes scaffolding over 5 metres) then it is the employer's responsibility to report it i.e. the contractor. The client would of course want a copy - and this requirement can be included in the pre-construction information and the construction phase plan for a project.
stonecold  
#5 Posted : 03 August 2016 13:51:15(UTC)
Rank: Super forum user
stonecold

Cheers, the plan was to ask the contractor to report initially as it was their equipment/ job etc. if they dont want to we (the client) were going to do the report as it happened at one of our sites (a large working business)
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