Posted By Pete Longworth A bit of an ambiguous one this. We have a number of transient workers working for us that are supplied by an agency, usually to cover for absent colleagues or to meet short term production requirements. Normally for one or two days ata time but sometimes longer. Yesterday one of these had an accident where he cut his hand needing 9 stitches. When he returned to work from hospital he was sent home because it was obvious that he would be unable to work for at least a few days. In the normal course of events he may or may not have been employed for longer but that is never certain. It depends on individual performance, ability and production requirements. Assuming that he would be unable to work for at least 3 days is this RIDDOR reportable and if so who is responsible for reporting. Is it us as the owners of the undertaking or the agency that the individual works for?

Posted By DP Check your mail Pete.

Posted By TonyB Pete, I think you are required to report it. I think it comes down to the definition of an employee. Remeber its not the tax question, its the control question when its to do with H&S. As a temperory worker, you dictate when they start work, take breaks, end work and what activities they undertake. Therefore, for H&S you're their employer. Therefore, you need to report it. TonyB

Posted By Simone Granger The legal position is ambiguous. eg see this link: http://www.hse.gov.uk/en...us/specific.htm#P26_5350 I find it odd that this sort of responsibility is not clarified when agreements are drawn up with the Agency, rather than after an incident. Probably because HR often does not involve the H&S specialist.