Hello all,  I have a question that is causing quite the argument between myself and my boss. Essentially, a client had an accident resulting in a worker being out of work for over 7 consecutive days. Obviously this requires reporting but we are disagreeing on the actual day it needs to be reported by (Client is delaying intentionally despite my advice)

Specific section below

Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident.

Now my interpretation is that the 7 consecutive day period does not include the day of accident, as it clearly states in the regulations, however the 15 day period DOES include the day of accident, as in my mind if it shouldnt then it would have been reiterated here.

My boss believes that not including the day of accident is applicable to both time periods, but I think he is just taking one part of the legislation and applying it to another part incorrectly wheras I think i am reading and applying legislation as its written.

I know theres only a day in it and perhaps im over thinking it, but in my mind if this is reported when my boss is intending to (16 days after the accident) Then he/my company is technically breaking the law.

Any thoughts or has anyone come across this previously?

Many Thanks

RIDDOR SCHEDULE 1 PART 1 para 1 (1)(a) mentions 10 days. Am I missing something?

Originally Posted by: A Kurdziel

RIDDOR SCHEDULE 1 PART 1 para 1 (1)(a) mentions 10 days. Am I missing something?

http://www.hse.gov.uk/pubns/hsis1.pdf page 2.  Oh hang on, that's health and social care (they're different???)

http://www.hse.gov.uk/riddor/reportable-incidents.htm half way down the page.  It's also formatted better;

You are more likely to get an HSE visit if you make a late report.  Its clear 15 days from the date of the accident.  There is no point at all in holding it back for one day - just get the report done and then everyone will be in the clear.  Putting my Little Miss Cynical hat on for one moment you are unlikely to get an HSE visit unless it is a life changing injury so just do it. 

Yes Reg 4(2) says 15 days but the Schedule still refers 10 days as being the reporting timeframe for injuries under Reg 4. I can’t see how both are right but who cares, the HSE is enforcing 15 days and with Brexit coming up I can imagine the "experts" behind drafting RIDDOR will be kept too busy for the foreseeable future to worry about something as piffling as H&S (why is there no satire button on this forum?)