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Posted By Phil Rose
Not a problem :-)
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Posted By Ron Hunter
Please can we all avoid the "if in doubt, report" approach.
RIDDOR, its categories, schedule and reporting requirements have a greater purpose.
RIDDOR is intended to enable the gathering of pertinent and relevant information which in turn allow the efforts of the enforcers and law makers to be targeted where they are needed most in our workplaces.
RIDDOR has no place in appeasing ambulance chasers or claims lawyers, and they in turn have no business with RIDDOR. Internal reporting by the employer adequately suits their needs, as would any Police records of RTA attended.
Inappropriate RIDDOR reporting = skewed statistics = misdirected resources and skewed strategies.
We can all help here by keeping it real.
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Posted By Phil Rose
End of a long night, or is it the beginning of a long day? I am not quite sure at the moment.
I have dealt and been involved with more civil claims that I care to remember, even been to Court and stood in the box, so I also have plenty of experience of the various 'tricks' employed by claimants and their legal teams. But I also know that judges are pretty shrewd and switched on 'cookies' who will dismiss any irrelevancies to the case.
RIDDOR is a purely administrative process carried out AFTER certain accidents. It plays NO part whatsoever in the causative chain of the accident, nor is it relevant in satisfying the 'tests' for a civil claim to be made, i.e. the owing of the duty, the breach of it or the pertinence of the breach to the injury sustained. So, while the legal teams will always ask for accident reports, RIDDOR etc I remain to be convinced that a failure to report or otherwise would have any material bearing at all on such a case.
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Posted By Bob Y
Phil - Depending on the wording in part H of the report, a existence of a RIDDOR report may be pertinent in establishing liability. But like you I can't see how a failure to complete a report would have any great relevance in determining liability.
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Posted By Phil Rose
Granted! A not very cunningly worded RIDDOR could drop you right in it! The absence of a RIDDOR report (even when one should have been made) is not going to increase liability in a civil action for personal injury though.
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Posted By Swis
agree with Phil.
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Posted By KEVIN O'KANE
Phew, nice to see it got you talking, being off line for a few days.The long and short of the outcome to date is the IP supervisor had already reported it under RIDDOR..so I'm told no need to report it , but has been reported.
Thanks Guys
Kevin
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