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dennispollard  
#1 Posted : 24 July 2019 08:18:22(UTC)
Rank: Forum user
dennispollard

The IP had an accident when he left the office to price a job up in a shop, when he got to the shopping centre car park he lost his footing on a step, grabbed the rail, this forces him to spin around and he struck he foot on a step, this resulted in a break to his foot. 

My question is who should report the RIDDOR?

I believe as the shopping centres are the controller of the premises then they are responsible, however, he is our employee, but he was not in a place of work. 

He never reported this to the shopping centre. 

Thanks in advance. 

RayRapp  
#2 Posted : 24 July 2019 08:35:40(UTC)
Rank: Super forum user
RayRapp

Dennis, I don't believe this incident is reportable pursuant to RIDDOR.

'RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident.'

Roundtuit  
#3 Posted : 24 July 2019 08:38:19(UTC)
Rank: Super forum user
Roundtuit

Your employee conducting your business during working hours = your RIDDOR

Just because someone is not physically "in" work does not necessarily mean they are not "at" work

To me visiting clients to price jobs sounds like a normal work activity OR were they off on a folly?

Roundtuit  
#4 Posted : 24 July 2019 08:38:19(UTC)
Rank: Super forum user
Roundtuit

Your employee conducting your business during working hours = your RIDDOR

Just because someone is not physically "in" work does not necessarily mean they are not "at" work

To me visiting clients to price jobs sounds like a normal work activity OR were they off on a folly?

dennispollard  
#5 Posted : 24 July 2019 08:46:24(UTC)
Rank: Forum user
dennispollard

Originally Posted by: Roundtuit Go to Quoted Post

Your employee conducting your business during working hours = your RIDDOR

Just because someone is not physically "in" work does not necessarily mean they are not "at" work

To me visiting clients to price jobs sounds like a normal work activity OR were they off on a folly?

Hi,

Yes they were in the shopping centre car park and they were on there way to the shop

fairlieg  
#6 Posted : 24 July 2019 09:08:11(UTC)
Rank: Forum user
fairlieg

With Ray on this unless there was a defect in the steps at the shopping centre and he was taken directly to hospital for treatment (treatment not examination) then the centre would need to report, basically a member of the public.

Even if was at your premises and lost his footing on a step at your site and there was no defect it would not be RIDDOR unless he was carrying out an actual work activity.  Walking to an appointment is not a work activity.

And yes I know someone will mention the case where a care worker slipped in the snow and the employer was found liable.  That nothing to do with the case being RIDDOR rather a case to determine liability.

Edited by user 24 July 2019 09:09:22(UTC)  | Reason: Not specified

thanks 2 users thanked fairlieg for this useful post.
RayRapp on 24/07/2019(UTC), chris42 on 24/07/2019(UTC)
dennispollard  
#7 Posted : 24 July 2019 09:44:11(UTC)
Rank: Forum user
dennispollard

Originally Posted by: fairlieg Go to Quoted Post

With Ray on this unless there was a defect in the steps at the shopping centre and he was taken directly to hospital for treatment (treatment not examination) then the centre would need to report, basically a member of the public.

Even if was at your premises and lost his footing on a step at your site and there was no defect it would not be RIDDOR unless he was carrying out an actual work activity.  Walking to an appointment is not a work activity.

And yes I know someone will mention the case where a care worker slipped in the snow and the employer was found liable.  That nothing to do with the case being RIDDOR rather a case to determine liability.

hi,

I do not know how but the IP managed to get back to his car and he drove back to the office, it was at the office where he took his book off and his foot swelled up. I then arranged for a member of staff to take him to hospital. 

fairlieg  
#8 Posted : 24 July 2019 09:53:12(UTC)
Rank: Forum user
fairlieg

Originally Posted by: dennispollard Go to Quoted Post
Originally Posted by: fairlieg Go to Quoted Post

hi,

I do not know how but the IP managed to get back to his car and he drove back to the office, it was at the office where he took his book off and his foot swelled up. I then arranged for a member of staff to take him to hospital. 

Okay so because of that not reportable by them either however, this does not exlude any libility if there was a defect

from the RIDDOR "guidance" http://www.hse.gov.uk/riddor/reportable-incidents.htm

Non fatal accidents to non-workers (eg members of the public)

Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances

Edited by user 24 July 2019 09:54:34(UTC)  | Reason: Not specified

Bigmac1  
#9 Posted : 24 July 2019 09:55:06(UTC)
Rank: Super forum user
Bigmac1

Also with Ray, real life event, not related to work unless the pavement was defective. Even at your main place of work if its a real life event (No blame) then its not a RIDDOR

hilary  
#10 Posted : 24 July 2019 09:59:26(UTC)
Rank: Super forum user
hilary

Not RIDDOR, with Ray on this.

watcher  
#11 Posted : 24 July 2019 13:57:04(UTC)
Rank: Forum user
watcher

With the majority here.  Regardless of where the incident took place, it wasn't a work activity, so no reporting

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