Rank: Forum user
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Here is the sernario, we've employed an Agency opertive. Yesterday he was injured but has retuned today. He has been put on cleaning duties (as an Agency worker this would have partly been his duties as well) so I am happy that under those circumstances its not reportable. However, he may not be sent home as he is doing a lesser job that what he could be so he maybe replaced. Now, if the agency cannot redeploy him and we have set him home would this be reportable??? This all comes down to a finance decsion so out of my hands. Thoughts?
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Rank: Super forum user
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I think the answer is “It Depends” The HSE have some advice
here http://www.hse.gov.uk/riddor/who-should-report.htm
It is my understanding that the agency is still the employer (you have a
contract with the agency not the individual?) so from a RIDDOR point of view if
your duties under RIDDOR those of a none employee injured out of your work
activity (I.e. Taken to Hospital for TREATEMENT) Providing none of the
exceptions in the link apply.
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Rank: Super forum user
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The test of whether it's reportable is not whether the worker is taken off work for more than seven days, but whether they are unable to do the full range of their normal work for more than seven days. So if they are put on cleaning duties because they can't do the rest of what they would normally do, this is reportable if it goes on for more than seven days. It's not what they actually do that is the test, but what they are able to do.
As Brian says it would normally be for the agency to report, but that needs to be cleared up between you and the agency so you both know what is happening.
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Rank: Forum user
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Thanks for the replies. Its now moot as he's back doing what he should.
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