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ScotsAM  
#1 Posted : 06 January 2010 16:07:50(UTC)
Rank: Forum user
ScotsAM

Following a discussion at work with an outcome to 'agree to disagree' - I'd like to get a feel for what others think about this scenario.

An employee is in their car, indicating at juction, heading home.

A vehicle is entering the site - it's effectively a person from another company whom we have no control over (though the site is ours).

The council road and the site entrance are snow covered and icy owing to no supply of salt.

When entering the site, the other vehicle slips, hitting employees vehicle and writing it off.

What does everybody think about the need to report this accident as it happened on site. Liability wise the other driver is accepting liability for not driving to the road conditions.

Heather Collins  
#2 Posted : 06 January 2010 16:15:22(UTC)
Rank: Super forum user
Heather Collins

Report it to who? Assuming the employee's car was still actually on your site:

RIDDOR - no. RTAs not reportable.

Site accident book if either party was injured - I would have entered it if first aid treatment was given, just so there was a record of what happened. Grey area whether this is a legal requirement or not as discussed at length in the "motorbike slid on ice" thread.

Police - no. Not on the public road.

Site accident / hazard reporting procedure - yes so that preventative action of some sort could be taken and the cause investigated (which you appear to have done).
stuie  
#3 Posted : 06 January 2010 16:18:19(UTC)
Rank: Super forum user
stuie

ScottsAM, for what it is worth my view is that this would not be reportable under RIDDOR (RTC's are as far as I am aware are not covered); also I feel that it should only be reported to the police if there was some other form of contravention of road/traffic laws or there was someone injured. I feel that this will be a matter both insurance companies to sort out.
ScotsAM  
#4 Posted : 06 January 2010 17:06:57(UTC)
Rank: Forum user
ScotsAM

Sorry - I meant report into accident book - not RIDDOR.

No injury or first aid was sustained - only damage to both parties vehicles which, as far as I'm aware, will be covered by the vehicle insurance of the the party admitting liability rather than employer/public liabilty.

jwk  
#5 Posted : 06 January 2010 17:28:56(UTC)
Rank: Super forum user
jwk

Afternoon,

The exclusion in RIDDOR is accidents on the public road; I take it from the description that this was a site road? So if there had been a reportable occurence such as a major injury or death this would have been reportable.

As for reporting in your own internal system, well yes, your employee was involved in an incident on your site, so why not put it in the accident book? The responsible driver may have been coming off a council controlled road, but the incident was definitely on your premises,

John
Canopener  
#6 Posted : 06 January 2010 19:08:29(UTC)
Rank: Super forum user
Canopener

JWK - Good spot!
Elfy  
#7 Posted : 06 January 2010 19:20:59(UTC)
Rank: Forum user
Elfy

Hi ScotsAM

With the information you have provided I would not enter the incident into the accident book as the employee sounds as if he/she was not 'at work'.
I would however investigate the matter and then open and retain a file for information and later action if required.
Invictus  
#8 Posted : 07 January 2010 14:56:09(UTC)
Rank: Super forum user
Invictus

Under the welfare regs you would have to have provided safe access and egress therefore you should record it. It would not matter if the person was at work or not it was on your premises. If the person was not at work then he could be classed a a member of the public, the contractor was not a member of your staff so you still need to recird it.
Invictus  
#9 Posted : 07 January 2010 14:58:23(UTC)
Rank: Super forum user
Invictus

Further if either needed hospital treatment then if they are counted as a member of public then they should be reported under RIDDOR as the spending 24 hr in hospital before it is reportable only applies to employees.
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