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#1 Posted : 13 March 2006 03:41:00(UTC)
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Posted By John Merrell Two people having a punch up at work and one comes off significantly worse that the other ( who is also hurt),first aid was rendered to both parties and "accident at work forms filled out by the first aider,my questions are 1)Even with first aid being rendered should this be classed as an accident at work 2)The worst off individual has been away from work for more than 4 days does an F2508 need to be registered 3)if your answer to question one was NO then why do I have to make out a f2508 Incidentally I have got both "Incident at work and a accident at work form as well as the 2508 all filled in just to be on the safe side
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#2 Posted : 13 March 2006 03:57:00(UTC)
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Posted By Gareth Williams Good Morning John, The question you have to begin with is "has there been an accident"? Regards Gareth
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#3 Posted : 13 March 2006 04:13:00(UTC)
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Posted By John Merrell Morning Gareth, Taking it word by word an accident is " an unplanned unforseen event etc etc, this was certanly unplanned and unforseen by one of the protagonists so the question it would appear has answered itself for one but not the other, the f2508 question also has complcations, the wording of that is "an act of non-consensual violence done to a party at work" by all accounts he started it and came worse off so is that classed as consensual My excuse for being up this late is that I have an unwritten agreement with my boss that allows me to work nights and have as much time off as I require to cover the other shifts for H+S traing etc whats your excuse??
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#4 Posted : 13 March 2006 09:21:00(UTC)
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Posted By Sally The key to this whether the fight was 'work-related'. If it was two people on an equal level having a fight because of eg who's football team won last night, then it is not work related violence and as such doesn't require reported. However if it is two people fighting over a work related matter eg how best to do a job, who's fault it was something went wrong etc, especially if one is in a supervisory capacity then it is 'work-related' violence and must be reported just as if it were a member of the public assualting one of your staff. I would also imagine your HR dept would have something to contribute as for most companies this is gross misconduct and leads to instant dismissal.
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#5 Posted : 13 March 2006 09:53:00(UTC)
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Posted By steven bentham Violence at work is normally a work related accident and covered by HASAWA. However two employees having a square go is not. You should instigate measures related to Gross Misconduct on both persons. If it involved serious injury or weapons you should ask the Police to be involved.
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#6 Posted : 13 March 2006 10:22:00(UTC)
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Posted By Gareth Williams Hi John, I take your point, but don't necessarily agree that it was an accident as it has been premeditated by the other person. If it was an accident then there is usually more than one cause for the loss of control???. The other comments are also valid. The reason I am up this late in your case or( in my case this early) is work orientated I begin at 6.45 and we are 3 hours in front of you so I have a quick squint at the chat line before the shooting begins!!! OK! that's lunch over on with the Kevlar vest......... telephone rings, good afternoon SHE dept and how can I help you..............what,when,where,why, how ?.... Regards Gareth
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#7 Posted : 13 March 2006 10:34:00(UTC)
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Posted By J Knight There is specific guidance about exactly this sort of situation in the Guidance to RIDDOR'95. The key question, according to teh guidance is, as has already been stated, was the violence arising out of a personal quarrel which was not work related. The following examples are given: 37 If one of the people in the following examples died or suffered a major or over-3-day physical injury caused by a non-consensual act of physical violence while they were at work then regulation 3 would apply, meaning that the death or injury must be reported. In the case of an over-3-day injury the incapacity must arise from the physical injury and not be the result of a psychological reaction to the act of violence alone: (a) a supervisor is hit by an employee while giving an instruction to carry out a work-related task; (b) a member of a hospital medical team (eg nurse, porter) is hit by a patient whilst carrying out their duties; (c) a new employee is injured while being forced to take part in an initiation ceremony. 38 Injuries suffered by the people in the following examples would not be regarded as arising out of or in connection with work and so would not have to be reported: (a) an employee working on a factory production line hits another during an argument over a personal matter; (b) an employee working at a public enquiry desk is hit by one of their relatives who comes in to discuss a domestic matter. John
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#8 Posted : 13 March 2006 14:56:00(UTC)
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Posted By John Merrell Gareth / All Thank you very much for your replies, I have played it safe and filled in every bit of paperwork I can muster. better to be safe than sorry
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