Rank: Guest 
|
Posted By Pat O'Leary
Hi a bit of help please
A driver climbs onto the first step of his unit and pulls a calf muscle. Is this reportable under RIDDOR
thanks in advance
pat
|
|
|
|
|
|
Rank: Guest
|
Posted By Martin Brown
Has the incident resulted in the driver being unable to perform their normal working duties?
As a result have they been off work for more than 3 days due to the injury sustained?
|
|
|
|
|
|
Rank: Guest
|
|
|
|
|
|
|
Rank: Guest
|
Posted By J Knight
Hi Pat,
If your question is about the fact that road traffic accidents are not reportable under RIDDOR, I would say that for this is not an RTA and would be reportable provided it resulted in a three-day injury,
John
|
|
|
|
|
|
Rank: Guest
|
Posted By Ian_P
Good Old Riddor!
It depends if the injury was caused by, as Riddor put it, "An Accident" and not due to poor health / over exercise the night before etc.
If the strain was caused by a slip etc. you would argue that it was an accident and reportable (if, as in the above post, time off work followed for more than 3 days). If it wasn't, and the driver was simply ascending the steps it doesn't come under Riddor as there was no accident.
Furthermore, was the vehicle on a public road? If it was, and none of the specific parts of regulation 10 (2) apply, (i.e. he isn't a road worker, or he wasn't loading / unloading at the time) then it is NOT reportable under RIDDOR.
Before people argue it is always safer to report (we've had that discussion!), I have answered about the specific requirements of reporting under the regulations.
Incoming!!!!!
|
|
|
|
|
|
Rank: Guest
|
Posted By The toecap
Can i ask. Is stress RIDDORable. I can't remeber i don't think it is.
|
|
|
|
|
|
Rank: Guest
|
Posted By LJ
Toe cap,
Stress is not RIDDOR reportable, there are many factors that bring on stress:
Work demands/ Changes at work/Poor relationships at work etc.
Ill health/ An accident at work, leading to persons being unable to work can cause stress
Personal problems/Divorce/bereavement/debt etc
All companies should encourage employees to report stress to their HR department, they can then ask the individual if it is work related or not.
If it is work related, then further investigations can take place.
|
|
|
|
|
|
Rank: Guest
|
Posted By LJ Pat, As stated earlier, the employee needs to be absent from work/ or unable to carry out his normal duties for over 3 days. 'An over-3-day injury is one which is not "major" but results in the injured person being away from work OR unable to do their full range of their normal duties for more than three days'. http://www.hse.gov.uk/riddor/guidance.htm#threedayYou should carry out an investigation of the incident: You need to establish: 1. Did the employee slip If so., was the step damaged/faulty, was the employee wearing suitable footwear etc. Regards LJ
|
|
|
|
|
|
Rank: Guest
|
Posted By akm
Ian
Would have to disagree with stating the incident is not reportable if its on a public road. As far as I was aware, the exemption (if you can call it that) is where an employee is involved in an RTA i.e. an accident involving the movement of a vehicle (as its investgated by the police rather than the HSE). I don't think the police would consider slipping on a step when getting into a cab as an RTA ;)
|
|
|
|
|
|
Rank: Guest
|
Posted By Ian_P
You're absolutely right, accidents on public roads are only exempt via 10(2) if they are involving a moving vehicle. This does not just cover 'car crash' type RTA's though.
I agree in this specific case, this clause probably isn't apt, however it's still not reportable as there's no 'accident'!
;)
|
|
|
|
|
|
Rank: Guest
|
Posted By Pete Longworth
We don't know enough about this incident to say if an accident occurred or not. For instance did the driver's foot slip on the step or did he pull a muscle merely by lifting his leg. What were the ground conditions at the time. There may be all sorts of factors that we don't know about. Just because it looks like a simple incident doesn't mean it actually is simple. I'll say what I always say in RIDDOR reporting. If, after investigating the incident, you aren't sure whether to report, report it anyway.
|
|
|
|
|
|
Rank: Guest
|
Posted By Martin Taylor
One rule of thumb is - if in doubt report it with all the details and suggestions as to due ot working conditions or health concern.
Failure to report is unlikley to engage the wrath of the HSE in the circumstances but you may want to consider potential for a claim where the IPs solicitors will play on failure to report an accident
Martin
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.