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Posted By Alharth
Greetings,
I would like to get you opinion about a recent incident happened to us which we have a disputed over for the classification of work related.
We are a new formed company with no current HSE systems. we awarded the construction of our plant to an EPC contractor. Their HSE system is based on OSHA.
The incident detail is that they have sent their driver to get materials for the project from a city about 200 km away. In his way back he had a road traffic accident and died.
Their justification is that since the accident took place a way from the construction site it is not a work related incident.
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Posted By DJ
Alhart,
My view is that provided the accident occurred in England or Wales, the deceased was an employee of the construction company and at the time of his death he was carrying out work he had been given, then the courts are likely to hold that he was "at work".
Section. 52(1)(b) of the Health and Safety at Work etc Act 1974 ("HSWA")provides that:
"An employee is at work throughout the time when his is in the course of his employment, but not otherwise".
If the above is the case, his employer will owe him a duty under section 2(1) HSWA.
The incident is likely to be exempt from reporting under RIDDOR (by Regulation 10), but following a Court of Appeal ruling in 2003 in the case of R -v- Acktar (I think that is the correct spelling) the HSE has a duty to investigate such a death (although they leave the investigation to the police, who can (but rarely do) pass the file back to the HSE for prosecution).
I hope this helps.
Regards.
DJ.
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Posted By Andrew Lochlyn Ure
I would think that Alharth's question is almost certainly not related to the United Kingdom, but is very likely to be related to an EPC contract for an oil and gas major.
Alharth, in my experience of working in the Middle East if the incident occurs on company business it is recordable and reportable, regardless of whether it is on or off site. If you are using a Journey Management system of any kind for your work related journeys, the situation you have decribed should have been covered by that control and will therefore require categorisation as a work related incident.
Regards
Andrew
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Posted By Philip McAleenan
The following may be a useful piece of legislation,
Law Governing Compensation for Occupational Injuries and Illnesses, issued in accordance with Sultani Decree No.40 of 1976
(http://www.ilo.org/dyn/cisdoc/cisdoc_legosh.view_record?p_mfn=59513&p_ctry=omn&p_lang=E )
I have been unable to obtain a downloadable version but the weblink above describes the content including definition of injury and notification. You may be in a better position to obtain a copy,
Philip
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Rank: Guest
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Posted By Alharth
All,
thanks for your valuable comments.
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Rank: Guest
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Posted By peter gotch
Hi Alharth.
I would consider work-related.
Regards, Peter
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