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Butros  
#1 Posted : 13 October 2021 08:00:57(UTC)
Rank: Forum user
Butros

Hi, 

A Contractor on one of our overseas sites (India) recieved a fracture to their leg while manually handling piece parts in our Stores. This is a reportable injury under RIDDOR ( I appreciate its  UK Legisation) . I was told that we dont need to report the incident but the Third Party Contractors agency would. If this had happened on a UK site who has the duty to report? The Contractors Agency/Employer or the Client?

Thank you 

HSSnail  
#2 Posted : 13 October 2021 10:09:03(UTC)
Rank: Super forum user
HSSnail

A broken leg is a specified injory (major injury to us long teeth)  if it arises out of the work activity reportable by the employer.

But if this injury arrose out of your activity and the individual was taken to hopsital for treatment then it could be your duty to report.

Would need a more information about the relationship between all the groups in this case and details of the accident.

Edited by user 13 October 2021 10:50:12(UTC)  | Reason: Not specified

stevedm  
#3 Posted : 14 October 2021 07:52:30(UTC)
Rank: Super forum user
stevedm

the local legislation, as I am sure you are aware, is very similar to the reporting requirements in the UK...we track them separately as contractor incidents and make sure that that we have compelted or have a copy of the incident investogation....you would give it the same checks you would if it happended in the Uk but report locally and track...it is after all unlikely that the UKHSE will investigate the incident ;)

A Kurdziel  
#4 Posted : 14 October 2021 08:57:11(UTC)
Rank: Super forum user
A Kurdziel

When I first read this, I thought the same as Steve: it happened in India and so it’s under India law  and nothing to do with the HSE and RIDDOR. The question though is hypothetical -what would we do if something like that happened here, taking into account that the injured person was not an employee of the company but a “contractor”.

RIDDOR is as we keep telling people not about accepting liability or apportioning blame. It is just a way of insuring that incidents are work are recorded and forwarded to the HSE. As such the HSE is not that bothered who actually sends in the RIDDOR report as long as it is sent. The form used does ask the question if the injured party is your employee, employee of another company or joe public.

Since people use RIDDORS as a metric I always ask who is in charge of that activity? So if an employee is injured on your site while at work and the incident is down to your work activities you need to report it; easy. If it’s a member of the public,  your site the incident is down to your work activities you need to report it; simples. Employees of other organisations gets to be more complicated. For example agency staff are employed by the agent but since you manage them and know what they are doing on your site, I suggest you should fill in the form. On the other hand if they are a contractor on a building/maintenance job on your site then their company does the RIDDOR reporting. Similarly if they are a delivery driver  and they drop something on their foot then I would leave it to their employer but if they entered our stores and they blew up that would be down to us.

thanks 2 users thanked A Kurdziel for this useful post.
Nerdy1 on 14/10/2021(UTC), CptBeaky on 14/10/2021(UTC)
NeilSL  
#5 Posted : 14 October 2021 09:11:15(UTC)
Rank: New forum user
NeilSL

Originally Posted by: A Kurdziel Go to Quoted Post

if they are a delivery driver  and they drop something on their foot then I would leave it to their employer but if they entered our stores and they blew up that would be down to us.

That escalated quickly.

But my thoughts would be along the same lines.

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