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milner2307  
#1 Posted : 08 August 2018 11:04:16(UTC)
Rank: New forum user
milner2307

I'm trying to get clarification for whether or not i need to report under RIDDOR for an over 7 days lost workday case that was for a UK employee but it happened in another country (Iraq) whilst working.

It seems to be a bit of a grey area. From what i've read my gut feeling is that it will have to be reported. If it does then that's fine and we will do that but we dont want to take on a RIDDOR reportable if its not necessary.

any advice or guidance welcome.

Hsquared14  
#2 Posted : 08 August 2018 11:16:56(UTC)
Rank: Super forum user
Hsquared14

If they are employed by a British company based in the UK then I would say that it should be reported

James Robinson  
#3 Posted : 08 August 2018 11:48:27(UTC)
Rank: Forum user
James Robinson

No - but open to be challenged.

UK Legislation and Regulation - applies to UK. If Iraq have adopted this legislation then yes - (offshore oil and gas, military bases etc do cause issues sometimes).

It still happen whilst at work, so your own accident book, internal procedures, etc apply. But do you expect the HSE to go and visit Iraq?

HSSnail  
#4 Posted : 08 August 2018 12:27:18(UTC)
Rank: Super forum user
HSSnail

Sorry I hate it when people quote regulations but within RIDDOR 2013 it states.

“Extension outside Great Britain

19.  These Regulations apply to premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the 2013 Order as they apply within Great Britain”

L 73 has been withdrawn as it covered the previous regulations.

I was tempted to say RIDDOR would not apply when I read the question but I have to say looking at the actual regulations in not so sure!

stonecold  
#5 Posted : 08 August 2018 12:50:02(UTC)
Rank: Super forum user
stonecold

I accidently deleted my previous post. I stand by what i orginally said. RIDDOR is not applaicable in foreign countries. The HSE does not investigate any incidents occurring outside GB.

Kate  
#6 Posted : 08 August 2018 13:16:59(UTC)
Rank: Super forum user
Kate

The Order to which Brian refers is here:

http://www.legislation.gov.uk/uksi/2013/240/contents/made

It applies to certain activities abroad, so it's not about what country it happened in, but whether the business is one of the listed activities.

Edited by user 08 August 2018 13:17:51(UTC)  | Reason: childish spelling

thanks 1 user thanked Kate for this useful post.
HSSnail on 08/08/2018(UTC)
MikeKelly  
#7 Posted : 08 August 2018 13:21:38(UTC)
Rank: Super forum user
MikeKelly

Hi

This is the note attached to the 2013 order referred to above. These are extremely useful when trying to mke sense of SI's/orders

It clearly covers only the seas around the UK: oil/gas etc., so I would judge that Iraq is way outside it and thus no Riddor. It remains important, of course, for the circumstances to be investigated and any remedial actions to be undertaken and not to be hung up on the reporting yes or no.

Regards

Mike 

EXPLANATORY NOTE (This note is not part of the Order) 1. This Order revokes and re-enacts with amendments the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (“the 2001 Order”), which applied sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 (“the prescribed provisions”) to certain premises and activities in the territorial sea adjacent to Great Britain and to areas designated under the Continental Shelf Act 1964. In addition to minor and drafting amendments, this Order makes the following changes of substance.

2. The application of the prescribed provisions to certain premises or activities within the territorial sea or a designated area now extend to gas importation and storage (article 8) within a gas importation and storage zone which is defined in article 2.

3. Article 10 extends the application of the prescribed provisions to underground coal gasification production in the territorial sea and to designated areas.

4. The Health and Safety Executive plan to review the operation and effect of this Order five years after it comes into force.

5. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Health and Safety Executive’s website (http://www.hse.gov.uk/ria) A copy is also annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. ____________________________________________________________________________________________________________

thanks 2 users thanked MikeKelly for this useful post.
Kate on 08/08/2018(UTC), HSSnail on 08/08/2018(UTC)
stonecold  
#8 Posted : 08 August 2018 13:23:17(UTC)
Rank: Super forum user
stonecold

Good luck reporting a RIDDOR event to the HSE that occured in Iraq....

If there are any simliar local regulations, they would be applicable, RIDDOR would not be.

WatsonD  
#9 Posted : 08 August 2018 13:33:32(UTC)
Rank: Super forum user
WatsonD

Surely the purpose of RIDDOR is more than just to allow HSE to book a field trip? I doubt they investigate even 10% of what is reported.

A Kurdziel  
#10 Posted : 09 August 2018 09:00:33(UTC)
Rank: Super forum user
A Kurdziel

The Order extends the Health and Safety at Work Act and associated regulations including RIDDOR to installations on the UK continental shelf and UK territorial waters eg gas and oil rigs and windfarms, plus any ships supporting these activities. 

If this Order was not in place then nobody would have jurisdiction over these activities.

If these operations take place in another country (state or territory but not out at sea) then that territory’s law takes effect. So Health and Safety at Work Act has no bearing on activities that take place in another country (but may apply outside UK territory eg an oil rig or wind farm off the UK coast)

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