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#1 Posted : 14 December 2006 12:39:00(UTC)
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Posted By Matt Wright Quick question... If someone fell over at a staff Christmas party out of hours and off site in a pub/restaurant toilet and broke their leg. Is it reportable? There appears to be no malice involved.
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#2 Posted : 14 December 2006 12:46:00(UTC)
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Posted By Rob T It may well be by the premises owner i.e. landlord, but it certainly won't be by you.
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#3 Posted : 14 December 2006 12:56:00(UTC)
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Posted By Robert K Lewis Just think - the new (2003) legislation calls for licensed premises risk assessments. This type of event is actually within one of the 4 key objectives and so should have been covered. There may thus be questions at next licence renewal. You may be the cause of a popular watering hole disappearing!! Bob
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#4 Posted : 14 December 2006 12:58:00(UTC)
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Posted By Darren J Fraser My understanding is that if the xmas party is organised and paid for by the company, then even if out of hours and off site, the company is liable under the relevant regulations. Therefore I would say report it. However if the party is not organised or paid for by the company, but is just a social gathering of like minded individuals, then the company is not liable and therefore do not need to report it, however the landlord of the property is liable to ensure the safety of non employees. If in doubt, contact the HSE report line and ask their advice. It will be interesting to read others interpretation.
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#5 Posted : 14 December 2006 13:45:00(UTC)
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Posted By GSP I would agree with the above, if the event was in any way organised by the company then as above.
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#6 Posted : 14 December 2006 14:15:00(UTC)
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Posted By terry mallard It is reportable under RIDDOR by the premise ( as the employee is there as a member of the public) providing it was in connection with the premise work activity and the injured person went from the scene to hospital etc etc.
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#7 Posted : 14 December 2006 14:20:00(UTC)
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Posted By terry mallard ....... if the injury was not as a result of the premise work activity then it is not reportbale.
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#8 Posted : 14 December 2006 14:31:00(UTC)
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Posted By Homer I remember being at the Interconstruct Conference in Strafford upon Avon and one of the wives of the IOSH team took a tumble, I am sure the papers were priceless the next day a hall full of safety professionals and they still have an accident. Not funny for the poor lady I'm sure she broke something. It's not RIDDOR as it's non work related.
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#9 Posted : 14 December 2006 14:42:00(UTC)
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Posted By GSP A Party arranged by your Work is Work Related. Iam sure this has been discussed in the past, even with examples of prosecutions!!!!
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#10 Posted : 14 December 2006 14:58:00(UTC)
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Posted By garyh I would not report it. What about if someone crashes their car on the way to or from such an activity? Work related? I don't believe this is an accident at work; presumably attendance was voluntary. If this is work related then, great! we can all add "hours spent socialising with workmates" to our accident free hours worked calculations, using the same logic. However in my view you do owe a duty of care etc, and possibly might be open to a civil common law claim.
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#11 Posted : 14 December 2006 15:13:00(UTC)
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Posted By Sean Warburton There's more grey areas in RIDDOR than a rainy day. I agree with Darren, call the HSE, it's the only way to be sure.
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#12 Posted : 14 December 2006 15:17:00(UTC)
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Posted By J Knight Hi Garyh, Crashing a car isn't reportable as RTAs don't come under RIDDOR (sorry to be a pedant). If work organised it, then it could be reportable, but probably HSE would be more interested in the actual work activity which may or may not have caused it; so if its anything to do with the premises I'd expect the landlord to report, if not it could be the employer, but it could also be for one of the other reasons for not reporting, such as what the employee was doing was so far out of their normal work activity as to be a frolic of their own. In other words, if they were 'tired and emotional' it may well have been their own fault, John PS HSE have prosecuted in a case where an employee was driving home from work, so if the employee crashed on their way to the party and the Police felt that the employer was implicated in some way they may call HSE in and a prosecution could result.
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#13 Posted : 14 December 2006 15:57:00(UTC)
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Posted By Homer RIDDOR would only apply if you are contracted to attend the work function i.e it's an official do and your paid to attend, otherwise attendance is at your own discretion and unfortunately thats as far as your employers duty of care reaches. Lets be honest who in their right mind would want to RIDDOR report an accident at a works function, 9 times out of 10 it's down to excessive boozing. If you go down this road then do we provide risk assessments for hazardous substances such as alcohol, manual handling assessments for trying a dirt dancing move on one of the larger people in your organisation, noise assessments for the disco, work equipment assessments for the one armed bandit??? Enough said, common sense please!!
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#14 Posted : 14 December 2006 16:03:00(UTC)
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Posted By terry mallard What a debate-not reportable. RIDDOR is clear about who has responsibility the premise. Dont call HSE-contact the LA, we are regulators as well and have over half the premise of enforcement and know our stuff too.Further more the premise is LA enforced
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#15 Posted : 14 December 2006 16:06:00(UTC)
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Posted By Jim Walker Just putting the RIDDOR aside for a moment. Is it a urban myth (or not) that people have won damages for injuries sustained at works dos
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