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Debbie Mayneord  
#1 Posted : 05 July 2021 08:14:38(UTC)
Rank: New forum user
Debbie Mayneord

Hi, I am reviewing the way work report accidents and it's thrown up a big debate about what is a Work Related Accident - people are using "accident at work", "industrial accident", "work related accident" and then the usual "Accident".  Can someone please help me understand the definition of a Work Related Accident.  I work for an Enforcement Agents so the types of accidents currently up for debate are:  An Agent slipped down a muddy bank on the way to a debtors house and hurt his back.  An Agent had his finger bitten whilst posting paperwork through a debtors door.  An Agent was in traffic in his van and a cyclist drove into the side of the van injuring his face.  Thanks in advance. 

HSSnail  
#2 Posted : 05 July 2021 08:29:17(UTC)
Rank: Super forum user
HSSnail

I think everyone has fun with this - i will give it a go but others will probably use a few variations.

An accident is an unintended event where an injury or damage occures (as apposed to a near miss)

An accident at work is when this happens in the work place - and you may want to record it in your accident book. (all 3 in your example)

A work related accident is an accident at work where the injury arrises out of the work activity (and hence may be caught by RIDDOR)- so definatly number 2 in your example, possible number 3 - but in number 1 why was he going down the muddy bank - is there a better route. Not all accidents in the workplace a re work related.

Industrial accident is an old term but still beloved of HR teams - it comes from The Social Security (Claims and Payments) Regulations which used to state the types of work related injury where you could claim benifits - i have a feeling the regs have been amended and the term is no longer used.

Hope that helps.

thanks 1 user thanked HSSnail for this useful post.
CptBeaky on 05/07/2021(UTC)
A Kurdziel  
#3 Posted : 05 July 2021 08:44:29(UTC)
Rank: Super forum user
A Kurdziel

brian beat me to it but

Ok, definition, for what its worth, is something like “an uncontrolled event which gives rise to a personal injury or some other form of loss, that arises out of work activities.”

The key things the definition includes are:

1. it has to be related to work activities-someone suddenly having a heart attack and dying in the office is not a work related accident since there is nothing  in the control of employer that either caused the heart attack or they could have reasonably done to prevent it. Someone tripping up in a car park at work might work related if the trip was due to the condition of the carpark. If they simple tripped over a shoelace that would not be work related. You need to investigate each  accident/incident to decide if they are work related.   The case of Kennedy vs Cordia (Services) makes it clear that “work related” means that the injured party suffered an injury because they were doing something because they had to do it for work reasons.

2. There has to be an injury or some loss eg damage to equipment. If something sort of happens and everybody takes in a sharp intake of breath and says that was close-that is what I call a “near miss”. “Near misses” need invest gaiting but treat them separately for statistical purposes.

3. and most obvious, the event must be unplanned and uncontrolled.it should not have happened according to your safe system of work, which indicates that there is something missing in controls, and that needs to be addressed.  

Debbie Mayneord  
#4 Posted : 05 July 2021 09:04:52(UTC)
Rank: New forum user
Debbie Mayneord

Thank you :)

thanks 1 user thanked Debbie Mayneord for this useful post.
peter gotch on 05/07/2021(UTC)
peter gotch  
#5 Posted : 05 July 2021 12:54:10(UTC)
Rank: Super forum user
peter gotch

Debbie, for what it's worth all three of your scenarios look like work-related accidents to me. One would probably not fall within the reporting requirements of "RIDDOR" (assuming other parameters were met) due to being a work-related road traffic accident.

P

Roundtuit  
#6 Posted : 05 July 2021 13:17:51(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: Debbie Mayneord Go to Quoted Post

 An Agent slipped down a muddy bank on the way to a debtors house and hurt his back.

 An Agent had his finger bitten whilst posting paperwork through a debtors door.

An Agent was in traffic in his van and a cyclist drove into the side of the van injuring his face. 

1) Were they taking an unecessary short-cut? Unless this is some rural encampment most properties have a defined access.

2) Given a lot of clients could have (I am presuming) animals on the other side of the door have the agents been trained how to post documents without pushing their hand through the letter box? If not animals then it is a case of assault.

3) Not sure from your brief description how a cyclist driving in to the side of a vehicle becomes a workplace accident

Roundtuit  
#7 Posted : 05 July 2021 13:17:51(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: Debbie Mayneord Go to Quoted Post

 An Agent slipped down a muddy bank on the way to a debtors house and hurt his back.

 An Agent had his finger bitten whilst posting paperwork through a debtors door.

An Agent was in traffic in his van and a cyclist drove into the side of the van injuring his face. 

1) Were they taking an unecessary short-cut? Unless this is some rural encampment most properties have a defined access.

2) Given a lot of clients could have (I am presuming) animals on the other side of the door have the agents been trained how to post documents without pushing their hand through the letter box? If not animals then it is a case of assault.

3) Not sure from your brief description how a cyclist driving in to the side of a vehicle becomes a workplace accident

Kate  
#8 Posted : 05 July 2021 15:03:44(UTC)
Rank: Super forum user
Kate

If you are travelling for work (other than commuting) then a road traffic collision you are involved in is a work-related accident (even though enforcement action falls to the police and the accident is excluded from RIDDOR).

A Kurdziel  
#9 Posted : 06 July 2021 09:04:23(UTC)
Rank: Super forum user
A Kurdziel

Looking at these I would say that they were all work related:

An Agent slipped down a muddy bank on the way to a debtors house and hurt his back.

Well the agents  job is to enters peoples property and carry out enforcement actions. Not surprisingly  some people might try to stop this by locking gates and otherwise denying access, and they might need to  gain access by unorthodox means. So that is work related

  An Agent had his finger bitten whilst posting paperwork through a debtors door.

 Lets assume the biter is a dog! The enforcement  officer has to post the notice through the letterbox and dogs have been know to attack people. When I worked for Defra we often had to deal with biting incidents involving our staff, while entering premises.  

​​​​​​​An Agent was in traffic in his van and a cyclist drove into the side of the van injuring his face.

As Kate said this is again work related.

HSSnail  
#10 Posted : 06 July 2021 13:27:11(UTC)
Rank: Super forum user
HSSnail

Originally Posted by: A Kurdziel Go to Quoted Post

Looking at these I would say that they were all work related:

And there we have to joy of RIDDOR - i would want to know why he was on the slippy bank - could he have avoided it - infact was he instructed to avaoid it - so potentialy may not be riddor.

Second is deffinatly work related for me as the work activity is posting the letters.

The third i had missed it was someone driving into the van on a bike - so i would be asking what the van was doing - not RIDDOR reguardless as on the road but not as convinced as i was originaly that it was work related.

A Kurdziel  
#11 Posted : 06 July 2021 15:37:00(UTC)
Rank: Super forum user
A Kurdziel

RIDDOR is a red herring (like a kipper but drier)!

The question is whether this is a workplace accident and I suppose whether they a) need to record and investigate it  it as part of their H&S management  system and b) include it in their internal stats.  There seems to be prejudice against reporting or investigating incidents “off site” with the assumption that every body works at certain location and anything that happens away from there is  not work related but the guy in question fell down a muddy embankment. This needs to be recorded and investigated and the questions to be asked include: why he was going down the bank rather than taking a better route, but it could be that was the only option for him at the time? It is impossible to provide detailed instructions for every eventuality, but you can train people to make better decisions perhaps that’s what needs to be done but you need to record and investigate incidents so that you have an idea of what people are actually doing when they go out to work rather than just hoping that they follow some set procedure.

thanks 1 user thanked A Kurdziel for this useful post.
HSSnail on 07/07/2021(UTC)
HSSnail  
#12 Posted : 07 July 2021 08:00:33(UTC)
Rank: Super forum user
HSSnail

So A i think we are in agreament - i would record and investigate the slip on the bank - but as an accident at work not a work place accident!

As i said in my original reply wwe all have slight variation on our thinking.

Did you know that Red Herrings are one of the few substainable fish at the moment?

peter gotch  
#13 Posted : 07 July 2021 09:17:58(UTC)
Rank: Super forum user
peter gotch

Brian - not sure that red herrings are particularly sustainable.

Politicians (of all colours) and others use red herrings all the time (and have for centuries or longer) to avoid dealing with issues including things like climate change

Let's commit to decarbonisaton whilst not Governing to prevent the opening of a new deep coal mine.

Let's spend some money on solar panels whilst asking for a licence to expand oil extraction.

Tittensor26376  
#14 Posted : 12 July 2021 12:25:18(UTC)
Rank: Forum user
Tittensor26376

Hi,

As most of the responses, I would would say all 3 were accidents whislt at work, and, carryng out duties in order to carry out work tasks.

I think the further questions would be around.

1. Has a risk assessment been carried out that covers all 3 scenarios.

2. Has this been communicated to the employee, and,

3. Has a safe system of work been introduced and employees 'suitably trained' in this safe system.

Good luck with all 3 .

Alan.

JanLowe  
#15 Posted : 06 March 2023 15:30:02(UTC)
Rank: New forum user
JanLowe

I get the confusion about the terminology for work-related accidents. Generally speaking, a work-related accident is any accident that occurs in the course of employment, whether it happens on or off the job site.

JanLowe  
#16 Posted : 06 March 2023 16:03:59(UTC)
Rank: New forum user
JanLowe

Originally Posted by: JanLowe Go to Quoted Post

I get the confusion about the terminology for work-related accidents. Generally speaking, a work-related accident is any accident that occurs in the course of employment, whether it happens on or off the job site.

In the examples you provided, the first accident (slipping down a muddy bank) would likely be considered a work-related accident as it occurred while the agent was on the way to a debtor's house. The second accident (getting a finger bitten) could also be considered work-related as it happened while the agent performed a work-related task. The third accident (a cyclist driving into the side of the van) may be more difficult to classify, but it could still be considered work-related if the agent was on the job at the time. If there is any uncertainty, it may be worth consulting with a workers' compensation attorney who can provide guidance and help ensure that all necessary steps are taken to protect the rights of those involved.

A Kurdziel  
#17 Posted : 06 March 2023 16:12:32(UTC)
Rank: Super forum user
A Kurdziel

reported this as i  don't  trust the link!

Is this a subtle ad for a "workers compenstion attorney" ? makes me think that this has been posted by someone abroad who might be trying to drum up business for someone. 

thanks 3 users thanked A Kurdziel for this useful post.
RVThompson on 06/03/2023(UTC), Roundtuit on 06/03/2023(UTC), peter gotch on 07/03/2023(UTC)
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