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Posted By jimmst212
Hi,
An accident occurred at our workplace today. A lady was delivering some flowers that were for one of our employees (not ordered by the company).
When she left reception she fell down some stairs and injured her head. First aid was administered and she was dispatched to hospital (via an ambulance).
We have CCTV footage and the lady appears to miss the top step. There were no slip trip hazards and the steps were carpeted (again no loose carpet etc).
I have not reported this accident because I feel that as she was delivering the flowers for her employer (florist), she was in the course of her normal work activity and therefore not a visitor or member of the public.
I have contacted her employer and informed them of the accident. We have investigated the accident both internally and instructed our retained consultant to conduct an investigation and make any recommendations the she feels appropriate.
I was wondering if anyone has had a similar experience or thinks that I may have missed anything?
Regards,
James
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Posted By Steve B
James, I do not understand how you can say she was not a visitor? If she was lawfully on your premises then surely she was a visitor, like any other delivery driver or postman maybe. Have a look at Occupiers Liability you have a responsibility to all visitors lawful and unlawful.
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Posted By Heather Collins
Steve I don't think James is aying they had no responsibility to this lady, in fact it seems clear from his actions so far that they realise they do owe her a duty of care.
James you seem to have done all the sensible things. Make sure you have a record somewhere of what was done - especially with regard to any first aid treatment before the ambulance arrived.
If one of your concerns was RIDDOR then no I don't believe you have a further responsibility under that legislation having notified the lady's employer of the incident. The duty to report rests with her employer.
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Rank: Guest
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Posted By jimmst212
Steve, I’m not saying that we don’t have a responsibility I am just trying to ensure that I am interpreting the RIDDOR regulations correctly. If this lady had just walked in off the street then it would be a different matter, however in my opinion she was 'at work' by delivering the flowers and was being employed by the florist. It is purely a matter of who is responsible for reporting the incident; I am not trying to absolve any blame.
Heather: we have contacted our insurers to keep them informed and I have requested that the first aider who attended the accident gives us a written statement as to what he saw etc and the treatment he gave.
Thank you both for your responses so far.
Regards,
James
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Rank: Guest
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Posted By Pat Hannaway
Hi James,
don't forget to record this in your accident book . The new book requires you to;
"record any accidents involving visitors or members of the public on your premises. If the casualty has to be taken to hospital, you must also report the incident to the appropriate authority".
As a precuation I would also advise you insurers; they would be keen, I would think, to get a copy of your CCTV tape, as a precaution against any dubious Public Liability claim.
Pat H
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Posted By Anthony Pike
James,
Make sure you secure the CCTV tape, copy it, bag it, seal it and place it somewhere secure, preferably one copy off site. I would also be tempted to prepare a precis transcript of the relevant contents.
From bitter experience, I know what it feels like to be conducting an investigation for legal proceedings to find that security have taped over the one and only original.
I would do this sooner rather than later, especially if your security bods have a 7 day videotape cycle - come next Monday the tape is no more!
Tony
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