Posted By KEVIN O'KANE Hi , have not got my guidance note at hand.I have a member of staff who was involved in a minor collision , which resulted in her being punched and has been off for 5 days...is this reportable under RIDDOR? Cheers

Posted By Anderson8 ummm......looking again the punch thing could add some confusion mate. Was she injured as a result of this, and take time off etc?

Posted By KEVIN O'KANE Yes , it was when the person was at work, driving is part of their daily duties Cheers

Posted By Lee Mac Hi Kevin I would expect as your employee was in the course of their work, this is therefore classified as a work related incident. As the employee has taken off greater than 3 days as a result then it is reportable. However if the waters are muddy in your opinion then give the HSE a wee call they will clarify. If you do would you kindly inform us of the advice received. Regards Lee

Posted By Yossarian Interesting, What was the logic behind their decision?

Posted By Bob Shillabeer Got your work cut out on this one I'm afraid. If the HSE say no don't bother to report it (keep details of who told you this though) and try and investigate what happened with the prson who works for you (may only get a one sided view though). Record the evidence and place it on file just in case anything comes of it, not a lot more you can do I'm afraid. As an aside have you advised other people who may be faced with this situation how to act in the face of aggression, prevention is the best solution.

Posted By Yossarian Andy, I agree with your logic, but it does seem to stop short of identifying the root cause. Yes, the violent incident resulting in more than 3 days off would not have happened but for the collision. But the collision would not have happened but for the individual being at work. So therefore it is reportable. It reminds me of the childhood nursery rhyme explaining why Richard of York was defeated at Bosworth: For the want of a nail, the shoe was lost; For the want of a shoe, the horse was lost; For the want of a horse, the rider was lost; For the want of a rider, the battle was lost. And all for the want of a horse shoe nail!

Posted By Yossarian Andy, I agree with your logic, but it does seem to stop short of identifying the root cause. Yes, the violent incident resulting in more than 3 days off would not have happened but for the collision. But the collision would not have happened but for the individual being at work. So therefore it is reportable. It reminds me of the childhood nursery rhyme explaining why Richard of York was defeated at Bosworth: For the want of a nail, the shoe was lost; For the want of a shoe, the horse was lost; For the want of a horse, the rider was lost; For the want of a rider, the battle was lost; For the want of a battle, the Kingdom was lost. And all for the want of a horse shoe nail!

Posted By Tony Simmons Was the 5 day absence caused by an injury or the reaction to the injury? Para 37 of RIDDOR states that the incapcity to work must be due to an injury and if so would be reportable.

Posted By Phil Rose I don't think it does make it straightforward if the regs are telling you on thing and someone from the HSE is telling you something to the contrary UNLESS you can prove that you have received the contrary advice, which in most cases, and I would suggest in this case is verbal only.

Posted By Swis Not reportable. Most RTAs don’t come under the remits of RIDDOR. This incident was a result of an RTA therefore not reportable to HSE. Simples.

Posted By Swis Not to forget that RTA whilst at work can/do cause injury but most are not reportable. (Don’t get confused for the fact that person was at work.) The incident did not arise out of work or in connection with work, it arose due to ‘workers’ own fault therefore not reportable. That doesn’t mean that you don’t report it to police or log/investigate it.

Posted By martinw RIDDOR sucks. How can a piece of legislation make interpretation so bleedin' difficult? I suspect this would not have rumbled on so far if the HSE had said report it. For what it is worth, I interpret it as reportable due to the explanation in paragraph 37. Martin

Posted By Swis Assault resulted from RTA. Violence has no connection with work activity therefore definitely not reportable.

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Posted By Bob Y I think it unlikely that it is reportable, but has already been said by others there is nothing to lose by reporting it. I would not be so definite as to say that it didn't arise in connection with work; if they were at work at the time then I would have said that it was definitely 'in connection' with work; I don't see how it can possibly not be! Also I don't see any indication from Kevin that the accident was the workers own fault, and even if it was, 'fault' itself does not determine whether an accident or injury is reportable under RIDDOR or not.

Posted By Larry Larry is surprised at the "no need to report" view point from HSE help line. Was employee at work... Yes. Was attack undertaken in work hours...Yes. Was employee off for 3 days... Yes. Was the person at end of phone maybe agency worker only, or just human and makea mistake?????? The injured employee may make claim against company at later time and use claim agent who will try to find any chink in defence. Claims by ambulance chasers can be very frustrating. Sometimes all bases need to be fully covered by audit trail not hearsay (ie unrecorded phone call). Larry has experience of claims made after incidents where legal eagles demand proof why incident was not reported. Larry says; best option in this case is to report it and be done. OK, little more work needed by you now, but maybe beneficial later. Larry stresses that he does not recommend always reporting to HSE. But when in doubt, better to report than not and get fingers burnt. Do it on line, it is easy and quick or as Swiss says...."Simples"

Posted By Swis And LArry is well aware that a lot of people involved in RTA are 'at work' at the time of RTA.

Posted By Phil Rose I am not sure how a failure to report an accident under RIDDOR would create a 'chink in the defence' of a civil claim.

Posted By martinw Martin says good response! But Larry hope you didn't conduct your defence in the same way you post your posts. Tweeness stops being funny or endearing after a while. Martin