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thunderchild  
#1 Posted : 01 November 2017 09:53:51(UTC)
Rank: Forum user
thunderchild

After advice, so if I were to receive direction from management not to report a RIDDOR could I advise the that they would be in breech of section 37? and in doing this do that then stop me breeching section 37?

DavidGault  
#2 Posted : 01 November 2017 10:05:02(UTC)
Rank: Forum user
DavidGault

I would advise them of section 37 as well as pointing out that, in theory at least, non reporting can carry a £20,000 fine.  I haven't researched such fines but I suppose they occur.  Personally, and this is just me (I can be belligerent) I would report it anyway.  That latter point is not advice - simply how I do things.

Edited by user 01 November 2017 10:06:16(UTC)  | Reason: misspelling

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thunderchild on 01/11/2017(UTC)
Invictus  
#3 Posted : 01 November 2017 10:09:41(UTC)
Rank: Super forum user
Invictus

I would ask why, some people don't understand RIDDOR and therefore can be fearful. Then if they continued to say not to report I would tell them about the fines etc.

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thunderchild on 01/11/2017(UTC)
Hsquared14  
#4 Posted : 01 November 2017 10:09:49(UTC)
Rank: Super forum user
Hsquared14

Has someone actually asked you not to report a RIDDOR?  If they have then Section 37 is the least of your worries.  By all means point out to them that they are in Breach of Section 37, RIDDOR and virtually all other H&S legislation you care name in relation to the circumstances of the incident.  However, that wouldn't necessarily exonerate you from blame if it came to light even if you put it in writing.  If this is a real situation then make the report and have your resignation letter ready spelling out why you are leaving and be prepared for a tribunal.

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thunderchild on 01/11/2017(UTC)
thunderchild  
#5 Posted : 01 November 2017 10:16:44(UTC)
Rank: Forum user
thunderchild

Originally Posted by: Hsquared14 Go to Quoted Post

Has someone actually asked you not to report a RIDDOR?  If they have then Section 37 is the least of your worries.  By all means point out to them that they are in Breach of Section 37, RIDDOR and virtually all other H&S legislation you care name in relation to the circumstances of the incident.  However, that wouldn't necessarily exonerate you from blame if it came to light even if you put it in writing.  If this is a real situation then make the report and have your resignation letter ready spelling out why you are leaving and be prepared for a tribunal.

Not yet but I am expecting it. There is a real fear of me reporting this so much so that I've had it said as part of a conversatin "so we can get round the RIDDOR". 

I already know what I am prepared to do if it comes to it and the deadline for a decsiosn I have given is Friday. Although I know this is a RIDDOR so should have been reported already its still within the 15 days. I have given fair warning, its now down to them.

I would also report it, they may wish not to report it but I just cant ignore the regs. They are what they are.

Invictus  
#6 Posted : 01 November 2017 10:17:02(UTC)
Rank: Super forum user
Invictus

Originally Posted by: Hsquared14 Go to Quoted Post

Has someone actually asked you not to report a RIDDOR?  If they have then Section 37 is the least of your worries.  By all means point out to them that they are in Breach of Section 37, RIDDOR and virtually all other H&S legislation you care name in relation to the circumstances of the incident.  However, that wouldn't necessarily exonerate you from blame if it came to light even if you put it in writing.  If this is a real situation then make the report and have your resignation letter ready spelling out why you are leaving and be prepared for a tribunal.

There wouldn't be a court in the land who would put the blame on an employee for not reporting under RIDDOR.

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thunderchild on 01/11/2017(UTC)
thunderchild  
#7 Posted : 01 November 2017 10:39:45(UTC)
Rank: Forum user
thunderchild

I'm hoping that common sense will prevail.

Adams29600  
#8 Posted : 01 November 2017 16:24:54(UTC)
Rank: Forum user
Adams29600

I have been in this position before when instructed by a ranting Director not to report under RIDDOR. I requested the instruction in writing which was not forthcoming, advised that I would be making the report and waited for the fallout. It was also the catalyst to move on to pastures new.

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