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vassagojay  
#1 Posted : 19 September 2016 11:28:41(UTC)
Rank: New forum user
vassagojay

Hi, I would like a bit of clarification regarding RIDDOR if possible. I require clarification Under the section Non fatal accidents to non-workers (eg members of the public), It states "Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. We have had an accident involving a delivery driver who was delivering to our site. He was taken to hospital, but did not suffer from any "specified injuries". My question is what constitutes a non worker in the eyes of the HSE? Is the driver classed as a non worker because he doesn't work for us? My other question is who reports the incident if the IP is off for more than 7 days? Us, or his employer? Thanks in advance, Jay
A Kurdziel  
#2 Posted : 19 September 2016 12:04:15(UTC)
Rank: Super forum user
A Kurdziel

If someone who is not your employee is injured on your worksite and taken directly to hospital –even if it is only for a check-up you are responsible for reporting it. In this case where they are off work for more than 7 days is irrelevant the injury has been capture d by way. If the driver’s employer feels that the injury is work related from their end then they can also report it if the guy either suffers a specified injury or is off work for more than 7 days. You have no obligation to find out if the person has been off work after they have left your site. I think that we need a level 6 NVQ in RIDDOR reporting!
vassagojay  
#3 Posted : 19 September 2016 12:14:12(UTC)
Rank: New forum user
vassagojay

So would he be classed as a non worker? my confusion comes from the "Accidents to members of the public or others who are not at work " section
vassagojay  
#4 Posted : 19 September 2016 12:19:35(UTC)
Rank: New forum user
vassagojay

Where in RIDDOR does it state that I have to report an injury to a non employee if they are taken to hospital? Is it the section I quoted?
Invictus  
#5 Posted : 19 September 2016 12:27:16(UTC)
Rank: Super forum user
Invictus

He has to be 'treated' for an injury just taking him to hospital doesn't make it reportable, if he doesn't have an injury it is not reportable. If he is off for 7 days then his employer should report under RIDDOR, how would you know he was off unless they phoned you. Send them a copy of the accident form.
vassagojay  
#6 Posted : 19 September 2016 12:37:51(UTC)
Rank: New forum user
vassagojay

He was treated for an injury, but as previously stated, the confusion is around the IP being classed as "others who are not at work" I cannot see anything within RIDDOR that states I have to report it if the IP is taken to hospital. I've Only seen it stated when its a member of the public or others who are not at work.
gramsay  
#7 Posted : 19 September 2016 12:46:44(UTC)
Rank: Super forum user
gramsay

Vassagojay, you're correct. The injured person WAS at work. His employer is responsible for reporting any injury, you have NO duties under RIDDOR regarding this incident unless he was self-employed. If the delivery driver was self-employed then you are responsible for reporting, but (given so many delivery drivers are now in workhouse-style self-employed arrangements) I take this to mean the genuinely self-employed rather than someone who for H&S purposes would be treated as an employee.
vassagojay  
#8 Posted : 19 September 2016 12:49:28(UTC)
Rank: New forum user
vassagojay

gramsey, thanks for the response. The IP is employed by another company, so he's definitely not self employed.
Roundtuit  
#9 Posted : 19 September 2016 12:51:47(UTC)
Rank: Super forum user
Roundtuit

The delivery driver I take it is not your direct employee negating any employer responsibility to report ergo they fall in to the "everyone else" category aka members of the public or others who are not at work. They (as a member of the public) left your premises and were treated at hospital which under RIDDOR makes you reponsible for making the initial notification to HSE. That is the end of your statutory responsibility.
Roundtuit  
#10 Posted : 19 September 2016 12:51:47(UTC)
Rank: Super forum user
Roundtuit

The delivery driver I take it is not your direct employee negating any employer responsibility to report ergo they fall in to the "everyone else" category aka members of the public or others who are not at work. They (as a member of the public) left your premises and were treated at hospital which under RIDDOR makes you reponsible for making the initial notification to HSE. That is the end of your statutory responsibility.
gramsay  
#11 Posted : 19 September 2016 12:53:11(UTC)
Rank: Super forum user
gramsay

How can people think the IP wasn't at work? Was he delivering stuff as a hobby?
JayPownall  
#12 Posted : 19 September 2016 12:55:24(UTC)
Rank: Super forum user
JayPownall

..IOSH do have a free helpline for its members to discuss and try to help clarify such matters - might be worth giving them a call? 0116 257 3199 (and then share the feedback!)
JayPownall  
#13 Posted : 19 September 2016 13:11:28(UTC)
Rank: Super forum user
JayPownall

JayPownall wrote:
..IOSH do have a free helpline for its members to discuss and try to help clarify such matters - might be worth giving them a call? 0116 257 3199 (and then share the feedback!)
..I should have stated that it is for use by IOSH members! .Monday moment...
Invictus  
#14 Posted : 19 September 2016 13:20:00(UTC)
Rank: Super forum user
Invictus

If he is 'at work' then the hospital is a redhearing as he has to be in overnight.
Invictus  
#15 Posted : 19 September 2016 13:21:44(UTC)
Rank: Super forum user
Invictus

Lets say 24 hours
gramsay  
#16 Posted : 19 September 2016 13:30:06(UTC)
Rank: Super forum user
gramsay

The OP's question was just about who reports - am I missing something because it appears pretty simple? Someone else's employee has an injury - well unless you're a quarry or whatever, reporting is just not your problem. Of course from an risk control point of view you'd care about checking whether anything related to your work needs reviewed, but that's nothing to do with RIDDOR. Good luck!
Invictus  
#17 Posted : 19 September 2016 13:34:45(UTC)
Rank: Super forum user
Invictus

Well why just give the simple answer it's always better to go around the block when it comes o RIDDOR. I think that we have probably answered every connotation of RIDDOR reportable incidents by now and i'm not having a go at the OP, but we must have two a week, I am sure that people are now just putting them on to see who responds.
vassagojay  
#18 Posted : 19 September 2016 14:48:46(UTC)
Rank: New forum user
vassagojay

gramsey, The incident was a simple lapse in concentration by one of our employees. The minor issues have been addressed, so I feel we are covered there. Invictus, I'm new to this forum, so had no idea that some people take a disliking to RIDDOR questions. I did have a quick search through the site though, but could not find a post relating to the question that I was asking. As there seems to be a difference in opinion from posters, I will give the IOSH helpline a call. Thanks for the advice. Jason
vassagojay  
#19 Posted : 19 September 2016 14:57:09(UTC)
Rank: New forum user
vassagojay

The helpline stated that this is not reportable by my company. As we thought, the non worker relates to somebody not at work. Thanks, Jason
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