Posted By Rod Douglas
Does anyone out there know of if when Service Personnel (Army, Navy & RAF) are in Barracks (Peacetime) carrying out their daily duties and they have an injury at work and are off work for three days has this got be submitted to the HSE on a F2508?

Posted By Philosophical
Simple answer is No. Dangerous occurrences and diseases are still reportable however.

Posted By Michael Moore
Rod,

When serving in the RN (5 years ago)we used the electronic MOD accident reporting system 'CHASP'. This system is a step by step data entry system. The end product would tell you whether or not an F2508 needed to be submitted to the HSE.
So I would think that MOD are still required to comply with RIDDOR (using which ever means is appropriate to report the accident etc.).
Hope this helps

Mick

Posted By Philosophical
Rod,

I don't know why, probably representation from the MOD when the regulations were drafted.

With regard to CHASP, this is the MOD Accident Reporting System and while it prints off a 2508 automatically at the conclusion of completion, that is for civilian personnel and not serving personnel, that as I have said is not required for the reporting of injuries, whether they be major or 3 day.

With regard to Crown immunity, while this has been removed, I would refer the author of that posting to regulation 10 (I think it is) of RIDDOR that specifically exempts the Armed Forces from that requirement.

Unfortunately John, your comments regarding Crown immunity are wrong, you are linking Crown immunity with the ability to take a civil action that is now allowed since removal of Section 10 (I think it was) of the Crown Proceedings Act. The case you refer to regarding the common law wife of a member of the SAS, related to the fact that she was not entitled to the same widow's pension and other monetary entitlements that her legally married equivalents were entitled to - so that case was not even about safety legislation or a related civil claim following a workplace accident.

Hopefully that answers the issues raised. This just proves the point that we should always be very careful about interpretation of and advising on legislation.

Regards,

Philosophical

Posted By Philosophical
Stuart,

Without being rude, I am not sure where you have got your facts from! Firstly, are you looking at the most recent version of JSP 375, the way I read your comment, you are not. I am presently looking for the reference you quote in the most recnt version and I cannot see what you are referring to, it certainly sounds like the original document.

Secondly, there is no need to worry about D Def H&S, if the accident is reported in the correct way, on the MOD Form 2000, it will appear on their data.

With regard to enforcement by the HSE, there is no agreement with them that this will be done "in-house" as you say. From my experience, and it is pretty significant where the Armed Services are concerned, the HSE take more than a passing interest in what happens. The principal area of difference with regard to enforcement is the use of Crown Prohibition and Improvement notices and also the inability to prosecute the Crown, where appropriate a Crown censure will take the place of Court proceedings.

With regard to internal enforcement, there are a whole range of internal advisers, some of whom do have a form of sanction, but that is not a substitute for HSE action where appropriate.

Rod, you don't say which Service you are with, if you could let me know, I can point you in the right direction for the most appropriate person to speak to.

Hope this helps.

Regards