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Highpants  
#1 Posted : 18 January 2024 09:13:40(UTC)
Rank: Forum user
Highpants

Hi ALL, apologies upfront but this is yet again another RIDDOR query, hopefully one of you can clarify this for me. We have had one of our Employees have a Slip with the result a Fractured Elbow, however my issue is that this particular incident had a fracture not been involved would NOT be recorded as a lost time RIDDOR without going into all the details this incident would not be considered as 'work related' my question is, do we/I still have a duty to report this under the RIDDOR fracture ruling even if its not considered as work related ??

Kate  
#2 Posted : 18 January 2024 10:23:34(UTC)
Rank: Super forum user
Kate

If you are able to justify that it is not work related, then it is not reportable even if it happened on your premises.

The definition of "work-related" is in this document: https://www.hse.gov.uk/pubns/indg453.pdf

thanks 1 user thanked Kate for this useful post.
Highpants on 18/01/2024(UTC)
Highpants  
#3 Posted : 18 January 2024 13:43:05(UTC)
Rank: Forum user
Highpants

Thanks for that Kate, much appreciated 

peter gotch  
#4 Posted : 18 January 2024 15:19:06(UTC)
Rank: Super forum user
peter gotch

Hi Highpants

Personally I always go to the proverbial "horse's mouth", i.e. the Regulations rather than HSE's spin on interpreting them - which has been lenient in its interpretation of RIDDOR and its predecessors for decades.

So various regulations in RIDDOR require the reporting of accidents that are "work-related" and that is a defined term in Regulation 1.

“work-related accident” means an accident arising out of or in connection with work.

Which in itself isn't that helpful as it includes the word "work".

At which point you go to Section 52 of the Health and Safety at Work etc Act 1974 which gives the definitions of "work" and "at work".

52 Meaning of work and at work (1) For the purposes of this Part— (a) " work" means work as an employee or as a self-employed person; (b) an employee is at work throughout the time when he is in the course of hisemployment, but not otherwise ; and 

(c) a self-employed person is at work throughout such time as he devotes to workas a self-employed person; and, subject to the following subsection, the expressions " work " and " at work", inwhatever context, shall be construed accordingly.

The "following sub-section" has no relevance to this thread.

So, if you are satisfied that the injured person was not "at work" when the accident occurred then it won't be reportable.

thanks 1 user thanked peter gotch for this useful post.
Highpants on 19/01/2024(UTC)
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