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#1 Posted : 12 April 2007 11:16:00(UTC)
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Posted By rb Firstly, apologies for posting another RIDDOR enquiry but this one is complicated (I think!!) Let me explain, we employ a sub-contractor to carry out some floor laying in a store we are refitting. We are 'main contractor', although not Principal Contractor as such as the job is not CDM. Unknown to us the subbie sub-contracts the work out to a self employed fitter. Whilst carrying out the work, the fitter manages to cut his artery in his wrist, is rushed off to hospital and is off work for 10 weeks. This happened in the evening when our foreman had left site, but the client had arranged for security to be present on site. Who is responsible/ in your opinion should report this incident? a) us- after all we are main contractor; b) the store- it was on their premises which they have responsibility for; c) the sub-contractor we employed- the incident happened to one of the persons under his control; d) the IP as a self employed person? This is beginning to make my head hurt, the more I look at the regs, the more my head hurts!! Thanks for any input Richard
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#2 Posted : 12 April 2007 11:24:00(UTC)
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Posted By Dean Stevens My opinion is that "you" as the main contractor should report this. You are in control of this workplace and ultimately responsible for the health and safety of any sub contractors employed on site (all be it through yourself or sub contractors sub contracting work out) This is where contractor control comes in, have you reviewed his risk assessments, method statements, past references all in all was he competent to do the work required? All of this should have been considered before the work was undertaken. As i have said it is only my opinion thta it should be you reporting this, i'm sure someone with more experiance/knowledge will correct me if i'm wrong. Good luck. P.S You say this guy has been off for 10 weeks, from your post i would say that this incident has not been reported yet. I would suggest you do this ASAP as all RIDDOR incidents should be reported within 10 days of the incident occuring (different for occupational diseases). As this is nearly 9 weeks late , i don't think the HSE would be to happy.
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#3 Posted : 12 April 2007 11:31:00(UTC)
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Posted By rb Thanks for the response Dean, Just to clarify further- The accident happened last weekend, the hospital have advised him he will be off for approx 10 weeks. Thanks again Richard
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#4 Posted : 12 April 2007 12:28:00(UTC)
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Posted By Bill Parkinson It will depend on the arrangement. Technically it should be the employing organisation who reports it but you may have an agreement in place where the main contractor reports them. We as an organisation do not report RIDDORs for our contractors but do check it has been reported. The over-riding issue is that it gets reported. If the employing organisation is reporting it then the main contractor should request a copy of the F2508 to ensure that the incident has been reported. Regards Bill
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#5 Posted : 12 April 2007 12:37:00(UTC)
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Posted By Tabs From the HSE website for RIDDOR: "If you are in control of premises, you must report any work-related deaths and injuries to members of the public and self-employed people on your premises, and near miss incidents that occur on your premises. Just call the Incident Contact Centre on 0845 300 99 23" "If you are self-employed: If you are working in someone else’s premises and suffer either a major injury or an over-three-day injury, then the person in control of the premises will be responsible for reporting, so, where possible, you should make sure they know about it." You just need to be clear as to who is in control of the premises :-)
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#6 Posted : 12 April 2007 12:50:00(UTC)
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Posted By Robert K Lewis Just a bit of amplification on Bill's posting. If you intend to request copies of accident report forms this needs to be tied down in any contract. The clause should be such that the contractor ensures that any person in his employ, by virtue of contract or other mechanisms, gives consent to the passing on of such information. If reports are anonymised then there is no problem but Data Protection does place some strong boundaries around personal and confidential information, which these reports certainly are. The same situation applies to any client request for copies of accident reports. Bob
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#7 Posted : 12 April 2007 12:54:00(UTC)
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Posted By Crim Personally I don't think it matters who reports as long as it is reported. It really should be the employer or person in control of the workplace. Why don't you just accept that it should be reported and do it yourself?
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#8 Posted : 13 April 2007 09:17:00(UTC)
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Posted By Mike Draper While I agree with some of the other comments, the ACoP to RIDDOR L73 states (para 26) that for mobile employees, specifically including building workers, it is their employer who is responsible for reporting the injury. This agrees with the requirements under CDM for Contractors to share information with the Principal Contractor on any injuries sustained by their employees while on site. You have to ask yourself why they put this in and in my view it provides greater opportunities for the HSE to trend data. For example, was the injury common to the premises or to the trade? In the case of building workers and other mobile employees, most of the time when they suffer an injury it is in the normal course of their business and little to do with the activities carried out on the premises. Therefore in this particular case, the report should probably be made by the sub-contractor. As to whether you as managing contractor are in control of the work, I would suggest not. You appointed a "competent" sub-contractor to carry out the work. They defined the method of work and provided the tools, materials, labour, skills, etc. All you did was to make reasonable checks through their arrangements about what they were going to do and see if there was an impact on others. It is up to the sub-contractor to plan, manage and monitor their own work. This is explicit in CDM 2007.
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#9 Posted : 13 April 2007 09:24:00(UTC)
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Posted By CFT Clearly you have stated this was not a CDM scope of works and that the chap in question had no employer as he was S/E. It really makes little difference so long as when you report it you have sufficient information to complete F2508; I agree, don't delay, get it done. CFT
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#10 Posted : 13 April 2007 09:48:00(UTC)
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Posted By Mike Draper I never said it was a CDM job, only that CDM itself confirms RIDDOR as it applies to construction workers. Their employer makes the report, not the managing contractor and not the owner/occupier of the premises. The person being self-employed is not an issue. As put forward, the sub-contractor hired in labour (presumably because all their own fitters were busy). They prepared and submitted an RA/MS. Ergo, they are in control of the work and therefore the IP was, in H&S terms, their employee. As to whether it makes little difference, I disagree. If the wrong party makes the report, then the central database will not necessarily provide the right statistical data or any of the other useful stuff that the HSE use it for. Reports should be made by those who are responsible for them. If you are not the responsible person and your report is incorrect what then are the consequences?
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#11 Posted : 13 April 2007 09:57:00(UTC)
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Posted By Tabs Sometimes I feel like Amos...
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