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Posted By micklecats
Hello Gang,
Just need some opinions:
An employee who is on a training course off site is hurt in an inoccuous incident (no collision, fall, slip, trip - just a simple change in posture).
The person is taken to hospital for checks, nothing is broken.
Time from normal duties is lost, including a weekend and a few days therefore the 3 day rule is applied.
So who should report?
Reg 2 of RIDDOR implies that the responsible person would be the person in charge of the premises.
However, is the person undertaking work duties? They were being paid whilst on the training course, so this is likely to be the case.
Table 1 in RIDDOR Explained does not really venture this far in any detail, it just mentions the employed at usual premises or at someone elses premises, and the self employed at someone elses premises, etc.
Peripatetic employees who roam to varied locations would be reported by their employer - would this be the case in this instance?
RIDDOR for me is in need of urgent and significant revision as I feel it is rather ambiguous and out dated - so if anyone has an idea of when this is planned could you please advise, cheers.
If anyone can comment through experience or opinion I would be grateful thanks.
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Posted By Tarquin Farquor
L73 has only recently been updated, but only with regards to the guidance for Reg 2 I belive.
Tarqs
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Posted By ITK
It is non reportable.
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Posted By micklecats
Could you please elaborate?
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Posted By Paul Cornet
From the details gievn I would agree with ITK.
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Posted By Heather Collins
Surely a training course is likely to count as "out of or in connection with work"? I agree that we don't really have enough detail here to determine whether or not the incident is reportable. However this is not what the OP asked.
I believe the employer should report in this instance - that's what I'd do.
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Posted By ITK
The OP asked who was responsible for reporting this incident. I believe I answered the question by stating it was not reportable.
Someone merely changing posture at work, or on a training course, does not constitute arising out of or in connection with a work activity.
Not reportable.
ITK
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Posted By DP
non reportable on what we have here. I'm with ITK.
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Posted By claret65
The 'responsible person'(RP) is the company employee appointed to undertake duties, enabling compliance with RIDDOR. In this scenario your company RP is responsible for reporting this lost time injury(over 3 days-not including day of injury),as it occurred whilst individual attended an event associated with work.
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Posted By Crim
Does it really matter as long as the accident gets reported?
Just decide if it is reportable or not?
Failure to report an accident can lead to a prosecution with a fine of - usually around £1000.00.
I rest my case!
PS an accident where an employee is away from normal duties for more than 3 days is reportable, starting the day following the accident.
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Posted By geoff whiteley
Just to complicate this issue a little. If the person was not on training course but on a Work Placement and subject to the Placement Providers Health & Safety procedures, would the Training Provider or the Placement Provider be regarded as the Employer and then be responsible for RIDDOR reporting ?
We should also beware of accidents being over reported (ie by both parties) and distorting reporting statistics
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Posted By Mark Bywater
I'm with ITK too.
We've had circumstances where people were bending down to tie their shoes and hurt their backs...gosh!
I've often used the criteria..."What could the company have done to prevent this from happening?", if the answer is nothing, then not reportable.
BTW Crim...it has to be an accident at or related to work not just any accident, but I'm sure that's what you meant.
Cheers,
Mark
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Posted By Phil Errup
Can I throw a curveball. The training course. Suppose it was a manual handling course. (or something that involved a degree of physical interaction), perhaps the instructor was perhaps over zealous and had the class doing all kinds of silly things. The end of the day, just altering their posture agrevated something or other, and bingo...they're injured. From the top line I agree non reportable. But if my scenario is a real one, is it still non reportable?
I ask because I'm thinking along the lines of proving the cause of injury, and the "event" being.. "I changed posture".
Not meaning to hijack the thread. Just enjoying the varying replies.
Phil
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Posted By Tony Priest
Hi all,
Please do-not shot me down in (to many) flames if I am wrong here, but given the information from the original post here is my opinion.
Section 3 of RIDDOR states ‘(c) any person not at work suffers an injury as a result of an accident arising out of or in connection with work and that person is taken from the site of the accident to a hospital for treatment in respect of that injury’ then becomes reportable.
The person was not employed in the training centre and was on a training course therefore the training was in connection with the training centres work. The person was taken to hospital (irrespective of any time frame) for that reason this is reportable to be reported by the training centre.
If I am wrong be kind to me.
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