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safetydude1  
#1 Posted : 08 September 2017 09:43:36(UTC)
Rank: Forum user
safetydude1

Morning all,

Sub-contractors employee is injured on site resulting in 7 day reportable, who reports - P.C.or Employer?

Thanks in advance.

hilary  
#2 Posted : 08 September 2017 09:53:01(UTC)
Rank: Super forum user
hilary

Either can report.  Check and see if they have reported and if not, do it yourself.

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safetydude1 on 08/09/2017(UTC)
RayRapp  
#3 Posted : 08 September 2017 09:56:46(UTC)
Rank: Super forum user
RayRapp

I hate RIDDOR questions...Employer.

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safetydude1 on 08/09/2017(UTC)
Ron Hunter  
#4 Posted : 08 September 2017 11:30:32(UTC)
Rank: Super forum user
Ron Hunter

Aye, RIDDOR....

The Regulations place an equal onus on employers and persons in control of premises. Where a self-employed person suffers a reportable accident, the onus is placed on the Person in Control.

That might be interpreted as a leaning towards the duty being with the Principal Contractor on Construction Sites, but only the HSE can answer that one.

In practice, and in my own experience, it is often done by one or the other, sometimes by both, and (sadly) often by no-one.

Dare I say it, shouldn't the Construction Phase Plan arrangements section set this out?

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safetydude1 on 11/09/2017(UTC)
RayRapp  
#5 Posted : 08 September 2017 18:15:18(UTC)
Rank: Super forum user
RayRapp

Just to clarify my earlier post, if the sub-contractor is an employee then it is down to his employer to report. If the sub-contractor was self-employed then it is down to whoever is in control of the premises - in this case I suggest the PC. HSE guidance below.  

http://www.hse.gov.uk/riddor/who-should-report.htm

Hsquared14  
#6 Posted : 11 September 2017 08:43:44(UTC)
Rank: Super forum user
Hsquared14

Generally I would say the employer has the duty to report.  But on large construction sites the PC often has an arrangement in place that all RIDDOR reporting goes through them.  If the person is self employed then they could report it themselves.  It doesn't really matter so long as everyone knows what has happened and someone reports it.

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safetydude1 on 11/09/2017(UTC)
chris42  
#7 Posted : 11 September 2017 08:49:09(UTC)
Rank: Super forum user
chris42

Originally Posted by: RayRapp Go to Quoted Post

Just to clarify my earlier post, if the sub-contractor is an employee then it is down to his employer to report. If the sub-contractor was self-employed then it is down to whoever is in control of the premises - in this case I suggest the PC. HSE guidance below.  

http://www.hse.gov.uk/riddor/who-should-report.htm

I think you missed the bit it was the sub contractors emloyee ( not the sub contractor who was hurt). So the employer is the sub contractor as it is they who should report. The PC should also ensure they do and I know in the past would want a copy.

Chris

thanks 2 users thanked chris42 for this useful post.
safetydude1 on 11/09/2017(UTC), RayRapp on 11/09/2017(UTC)
safetydude1  
#8 Posted : 11 September 2017 12:21:39(UTC)
Rank: Forum user
safetydude1

Many thanks for the responses, my view is that the P.C. should be responsible for reporting unless it's a 7 day, this is where the employer (in my opinion) should take responsibility. The employer will be the first to know that the employee has been absent for 7 days. I think that the P.C. has a duty to follow up regardless and request a copy of the RIDDOR if one has been completed.

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