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Posted By Zoe Barnett
Here is John. John walks down the corridor at school. Look at Billy. See Billy bump into John. John is cross. Oh no! John's hand hits Billy's teeth. John says he did not mean to hit Billy. Poor John breaks a tendon in his hand. Here comes the ambulance. John is in hospital for a week.
See the Health and Safety lady. She is puzzled. Is this consensual violence? Does she need to report it? Or should she just go home and hit the chardonnay?
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Posted By peter gotch
Zoe
If in doubt report and then go home and hit the chardonnay!
Regards, Peter
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Posted By David J Bristow
Now then Zoe and Peter, whats going on here then?
The thread is about an alleged incident of violence yet both of you seem to be saying it is ok for the health and safety lady to go home and hit Chardonay - who is Chardonay, is she the cleaner, the cook, this lady's partner or is she the wife of a footballer?
Regards
David B
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Posted By Jack
No. Check your Ed Info Sheet No 1. It says:
Some accidents that happen in schools, or during education activities elsewhere, must be reported to the Health and Safety Executive (HSE).
The law about accident reporting changed on 1 April 1996. This information sheet gives practical advice to schools on what you now need to
report and how to do it. The new Regulations brought about two particularly important changes from the previous reporting requirements:
The definition of 'accident' now includes an act of non-consensual physical violence to staff (eg to a teacher, but not to a pupil);
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Posted By Zoe Barnett
You're quite right. I should have read the info sheet properly. Thank you.
However the idea of having a cook, cleaner or partner is just wishful thinking!!
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Posted By peter gotch
but Jack,
Zoe's original posting says that
"John says he did NOT mean to hit Billy"
- if true, then it was an accident (in the normal sense) arising out of or in connection with work (ie the overall operation of a school), such that a person not at work has been taken from the site of the accident to a hospital for treatment
- hence reportable injury [cf RIDDOR Reg 3(1)(c)]
Unless the health and safety lady or someone else can prove beyond reasonable doubt that John was lying, the prudent decision is to stop hitting the chardonnay and get on with an if in doubt report strategy.
Regards, Peter
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Posted By Jerry Sanderson
Accidents to pupils which lead to hospitalisation are only reportable if they result from the following:
Work Organisation (classroom activities,PE lessons,school visits,sports days etc.)
Condition of premises (hole in playground,slippy floor etc)
Plant (machinery and equipment)
A substance (any hazardous substances)
This would appear to fall into none of these categories (unless there was a problem with the corridor or it could be argued that there was a lack of supervision)and is therefore not reportable.
If every accident that occurred in schools which resulted in a pupil being taken to hospital (the standard response of many schools to even minor accidents)was reported then it would become a bureaucratic nightmare.
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Posted By Jack
Hear Hear Jerry
The 'if in doubt report' philosophy is for wimps!
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Posted By Ken Taylor
You didn't say whether John and Billy are pupils or staff.
Never mind about being thought a whimp, always keep your back covered (and watch out when walking down corridors). Whether you report this or not, keep a record of action taken, witness statements, etc in preparation for the parent(s) wanting to take further action against a school that allows their child to be seriously injured in a fight on their premises due to lack of control, supervision, etc.
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