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Ballard-Sheriff30666  
#1 Posted : 30 August 2024 09:53:44(UTC)
Rank: New forum user
Ballard-Sheriff30666

A colleague was working from home doing administration work on the laptop, they jumped over the sofa to go to the toilet but caught their leg and fell badly, resulting in a nasty leg break. 

I've read the "reporting accidents for home workers" advice on the HSE website which says it would be reportable if it occurred as a result of: • the work activity being done (admin work on the laptop) • the equipment you have provided to carry out that work (the laptop (definitely not the sofa!)). 

I've also read the HSE's recently updated guidance "What does work-related mean" and personally don’t think this is classed as a work-related accident and therefore doesn't fall under RIDDOR but would appreciate others views on this. 

Thanks 

thunderchild  
#2 Posted : 30 August 2024 10:57:14(UTC)
Rank: Forum user
thunderchild

Personally I would say no, it is not a requirement of the admin work to "jump over the sofa" so for me this is not work related. 

thanks 1 user thanked thunderchild for this useful post.
aud on 05/09/2024(UTC)
Roundtuit  
#3 Posted : 30 August 2024 12:36:45(UTC)
Rank: Super forum user
Roundtuit

Going to the toilet is not a work activity especially by attempting to vault a sofa.

They may be working from home conducting a work task on work equipment but once the laptop was put down to answer the call of nature "work" effectivley finished and a separate time line began.

Roundtuit  
#4 Posted : 30 August 2024 12:36:45(UTC)
Rank: Super forum user
Roundtuit

Going to the toilet is not a work activity especially by attempting to vault a sofa.

They may be working from home conducting a work task on work equipment but once the laptop was put down to answer the call of nature "work" effectivley finished and a separate time line began.

peter gotch  
#5 Posted : 30 August 2024 12:47:03(UTC)
Rank: Super forum user
peter gotch

Hi Ballard-Sheriff

My take on this is that going to the toilet at one's workplace would probably count as being an activity done in the course of someone'e employment. Hence "at work" within the meaning of HSWA.

However, choosing to vault over the sofa would probably count as "being on a frolic of his own" and thence take the person outside the scope of them being "at work".

Please don't ask me to quote the case law about "being on a frolic of his own"!!

So, not reportable under RIDDOR.

thanks 1 user thanked peter gotch for this useful post.
aud on 05/09/2024(UTC)
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