Rank: New forum user 
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I had a guy from a delivery firm twist his ankle in our yard whilst delivering. He sprained his ankle and is at the moment off work. Is this reportable by me if he has a over 7 day injury as the Controller of premises or is it just for reportable if he has a reportable injury
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Rank: Super forum user
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If he’s not your employee the only reportable incidents for
you would be if it was work related and he went straight to hospital for treatment.
If he’s off work for over 7 days then his employer has to make the decision to
work related and report if needed. Not enough information in your post to say
if its RIDDOR or not by anyone. Just because you have an accident at work does
not always make it work related.
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 2 users thanked HSSnail for this useful post.
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Rank: New forum user
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Originally Posted by: Brian Hagyard  Hi Bryan
Thanks for that the person was taken to hospital as a precation but only had a sprained ankle. He wasnt our employee but he hasnt returned to work. I dont think it is Reportable by me but just his employer if he is off for more than seven days
If he’s not your employee the only reportable incidents for
you would be if it was work related and he went straight to hospital for treatment.
If he’s off work for over 7 days then his employer has to make the decision to
work related and report if needed. Not enough information in your post to say
if its RIDDOR or not by anyone. Just because you have an accident at work does
not always make it work related.
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Rank: Forum user
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It would depend on if he were self employed or not. If he was employed by the delivery company (as an emplyee) even if he were taken straight to hospital it would still be the employer per regualtion 3 (1)(a). 3 (1)(a)(ii) states that you are only required to report for a person not at work or a self employed person or in relation to any other dangerous occurance. So if he were self employed you would report if it were an over 7 day injury. As the delivery company employee if he was not actually engaged in his work activity of loading or unloading the van in connection with the delivery you would need to report but only if he was taken straight to hospital to be treated for his injury and the cause was something work related like the condition on the walkway, stairs etc (as per regulation 2(2)). Edited by user 31 July 2018 08:02:13(UTC)
| Reason: added text for clarity
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1 user thanked fairlieg for this useful post.
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Rank: New forum user
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Originally Posted by: fairlieg He was getting out of his cab and trip in a pot hole in the yard. Would this be reportable. He was a delivery driver working for a company. I would say thanks was port of his work duties It would depend on if he were self employed or not. If he was employed by the delivery company (as an emplyee) even if he were taken straight to hospital it would still be the employer per regualtion 3 (1)(a). 3 (1)(a)(ii) states that you are only required to report for a person not at work or a self employed person or in relation to any other dangerous occurance. So if he were self employed you would report if it were an over 7 day injury. As the delivery company employee if he was not actually engaged in his work activity of loading or unloading the van in connection with the delivery you would need to report but only if he was taken straight to hospital to be treated for his injury and the cause was something work related like the condition on the walkway, stairs etc (as per regulation 2(2)).
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Rank: New forum user
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He was getting out of his cab and tripped in a pot hole in the yard. Would this be reportable. He was a delivery driver working for a company. I would say that was part of his work duties
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Rank: Forum user
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Originally Posted by: c.hart3@talk21.com He was getting out of his cab and tripped in a pot hole in the yard. Would this be reportable. He was a delivery driver working for a company. I would say that was part of his work duties
I am going to say its up to you how you report it. I would suggest you take a look at regulation 3 (1). In my opinion getting in and out of a van is not a work activity any more that getting in or out of a car visiting a customer at their site, however loading and unloading is (so I would tend to say he was not doing a work activity at the time (per reg 2(2)(a) definition). You said there was a pot hole on your premises, so the condition of the premises forms part of your undertaking Reg 2(2)(c). If it were me I would speak with his employer and agree how you will handle it and in any case make sure the pot holes are repaired because in the very unlikley event of the HSE becomming involved they will come to the address where the cause of the injury is present regardless of who reports it. If it were'nt for that pesky pothole..............
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1 user thanked fairlieg for this useful post.
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Rank: New forum user
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He was getting out of cab from an artic which was 2 or 3 steps. Not a van driver getting out straight to the ground
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Rank: Forum user
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Originally Posted by: c.hart3@talk21.com He was getting out of cab from an artic which was 2 or 3 steps. Not a van driver getting out straight to the ground
He tripped in a pothole on your premises to me thats related to the condition of the premises and not about how he was doing his work at the time it happened.
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Rank: New forum user
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So fairlieg is that reportable Under RIDDOR
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Rank: Super forum user 
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Not an employee constantly based at your premises Taken to hospital - diagnosed rather than treated As premises occupier you are not obligated to monitor for over 7 day injury - that is the employers responsibility For you not reportable under RIDDOR but good practice to keep an internal record
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Rank: Super forum user
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Not an employee constantly based at your premises Taken to hospital - diagnosed rather than treated As premises occupier you are not obligated to monitor for over 7 day injury - that is the employers responsibility For you not reportable under RIDDOR but good practice to keep an internal record
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Rank: Forum user
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Originally Posted by: c.hart3@talk21.com So fairlieg is that reportable Under RIDDOR
I would report it only if he were if he were taken straight to hospital for treatment (not assessment). The reason being is that it appears to have been caused by the conditions of the premises rather that the manner of his conduct or undertaking or the plant of substances used for his undertaking as Rountuit noted over 7 days injury is not a requirement for you to report for persons not at work on your premises only if they are taken directly to hospital for treatment due to an injury that is work related (Per regulation 2(2). I am certain that there will be differing opinion and others would do something different though Edited by user 31 July 2018 09:48:28(UTC)
| Reason: Not specified
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1 user thanked fairlieg for this useful post.
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Rank: Forum user
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Originally Posted by: Brian Hagyard
If he’s not your employee the only reportable incidents for
you would be if it was work related and he went straight to hospital for treatment.
If he’s off work for over 7 days then his employer has to make the decision to
work related and report if needed. Not enough information in your post to say
if its RIDDOR or not by anyone. Just because you have an accident at work does
not always make it work related.
What Brian said in the first response!
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Rank: Super forum user 
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Getting out of the cab in the yard was a part of going about his work and the injury arose from the condition of the premises. So it is a work related injury.
That means that if he was employed by the delivery company, they must report it, but if he was self-employed, you as the controller of premises must report it.
P.S. Either way you should talk to the delivery company to sort out who is going to report it if it is over 7 days, as well as to discuss the investigation.
Edited by user 31 July 2018 10:19:51(UTC)
| Reason: Not specified
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