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#1 Posted : 28 November 2003 08:59:00(UTC)
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Posted By Peter MacDonald Can someone clear this up for me. Client A has a Principal Contractor carrying out building work. The PC has appointed a Sub Contractor who in turn has sub let a specialist activity to company C. If an employee of compnay C has a reportable accident on site, in who's accident book does it get reported and who notifies the HSE? I am sure that company C will record the accident and report to HSE but I'm unsure of the responsibilities of the others. Can anyone clarify as I get different stories on different sites. As an aside, say an accident on site results in a sprained wrist to a scaffolder. The immediate employer tells the guy to take time off and recover. The PC asks the SC to get the guy in and answer the phones in the site hut. In this case the HSE gets a reportable from the SC but nothing from the PC. I have been told by a PC that even if the guy takes the time off, if their Occupational Health Dept say the guy could have come in, then it's not reportable. Is this right as it happens all the time.
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#2 Posted : 28 November 2003 10:02:00(UTC)
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Posted By Jay Joshi RIDDOR reporting of an EMPLOYEE'S injury, irrespective where it occurs is the EMPLOYER's DUTY,ireespective of the contracting arrangements. Similarly, It is an employers duty to record accidents in the "accident book"under the Social Security (Claims & Payments) Regulations. An over-3-day injury is one which is not 'major' but results in the injured person being away from work OR unable to do the full range of their normal duties for more than three days. The term "normal duties" is the key term and in my view, self explianatory.
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#3 Posted : 28 November 2003 11:32:00(UTC)
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Posted By Peter MacDonald Jay Does that mean If a subcontractor on my site has an accident I don't have to fill it in my accident book. Do I have a legal duty to log, or record the details at all? peter
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#4 Posted : 28 November 2003 15:23:00(UTC)
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Posted By Tom Waddell I get involved in this type of situation on a regular basis, as a competent Principal Contractor (or Client) you should be asking to be notified by any contractor or Subbie of any incidents on your site. As a precaution, I normally ask for sight (or copy)of the form and letter to satisfy myself that the incident has been reported, though some contractors claim they cannot show due to Data Protection. They can still provide the info with names removed to protect the injured if required. Also, I would be asking for a copy of the incident investigation report (again, with name removed if necessary) to show that they have fully investigated the causes and not just accepted it as "another accident" or "carelessness". Often accidents can be the result of management failings, though the poor injured worker gets the blame. A lot may depend on how your contract is set up and what information you told them you require to see. CDM requires you to employ competent contractors, and part of the check of competence is checking resources and mangement systems.
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