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NicoleJ15  
#1 Posted : 04 December 2018 15:47:12(UTC)
Rank: Forum user
NicoleJ15

Hi all

A question which I seem to be struggling with no matter what legislation or guidance I read is the following:

Who would be responsible for reporting an accident at work RIDDOR for an agency employee? Would it be the recruitment agency or the business itself?

We currently employee around 300 agency employees across multiple sites and luckily we have not come across this question yet, however now I am faced with a RIDDOR with an agency employee and the regulations seem abit grey on the subject.

Could I possibly ask what method is practiced at other companies?

Many thanks for reading 

Nicole 

trapale  
#2 Posted : 04 December 2018 16:50:29(UTC)
Rank: Forum user
trapale

Hi Nicole, I had this a couple of years back if they are working on your sites and are injured you need to submit the RIDDOR if you look on the F2508 it clearly asks if the IP was one of your employees or not .
Zyggy  
#3 Posted : 04 December 2018 17:20:02(UTC)
Rank: Super forum user
Zyggy

Nicole, there is some advice about this on the HSE's website - www.hse.gov.uk/riddor/who-should-report.htm Basically it advises that if the agency is the employer, then it has all the legal responsibilities of an employer, including RIDDOR. If the worker is self-employed, then it's down to the host company. Hope this helps!
Roundtuit  
#4 Posted : 04 December 2018 21:15:38(UTC)
Rank: Super forum user
Roundtuit

Recruitment Agency - let them earn their pound of flesh from the misery of others

UNLESS your agreement with said agency was badly drafted and they managed to "pass the buck" contractually

Edited by user 04 December 2018 21:16:57(UTC)  | Reason: contract

Roundtuit  
#5 Posted : 04 December 2018 21:15:38(UTC)
Rank: Super forum user
Roundtuit

Recruitment Agency - let them earn their pound of flesh from the misery of others

UNLESS your agreement with said agency was badly drafted and they managed to "pass the buck" contractually

Edited by user 04 December 2018 21:16:57(UTC)  | Reason: contract

WatsonD  
#6 Posted : 05 December 2018 09:34:59(UTC)
Rank: Super forum user
WatsonD

I don't like the attitude of 'your problem or mine', and this mindset in H&S that the company who reports is the one to be blamed. It is extremely fickle and any subsequent investigation by the HSE would quickly see through this limp facade.

I would immediately engage with my contact at the agency to ensure a cohesive relationship where we are both informed and updated respectively.. As to who, well that in my opinion is neither here nor there as long as it is done and without recourse to uneccesary delays. If the agency then I would expect a copy and vice-versa

The one proviso I would expect: If it was a RIDDOR only as a result of 7 days plus absence then I would expect the agency to put in the report. As the employer I they should be be monitoring the situation closely and keeping us reliably informed.

A joint investigation by both companies should be held too, ASAP.

NicoleJ15  
#7 Posted : 05 December 2018 10:39:44(UTC)
Rank: Forum user
NicoleJ15

Thank you everyone. I apprecaite the comments. 

We suspected that it maybe the Agency, however upon speaking to them they were very unsure on what to do so for ease we reported it accordingly. 

However going forward, we shall look for a contract or something to that effect to ensure we all know where we stand and who is reporting. 

Much apprecaited once again 

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