IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Road traffic accident, and the accident book
Rank: New forum user
|
Would like to get clarification on a recent rta, the driver of the vehicle, employed as a delivery driver, skidded off the road and down an embankment. He has been off work since and has handed in his sick line. Im at loggerheads with our transport manager who has refused to enter the accident in the accident book. I realise that as an rta its not a requirement to report under RIDDOR but I was under the impression that it should be entered in the accident book. Can anybody clarify this for me please?
|
|
|
|
Rank: Forum user
|
He is at work, its an accident and should be recorded in accident book, if he has been off for more than 7 days its reportable under RIDDOR
|
|
|
|
Rank: Super forum user
|
HSE Website on RIDDOR report or not;
A driver was seriously injured in a collision with another vehicle on a motorway.
No. The driver’s injuries resulted from the movement of a vehicle on a road and hence there is no need to report the accident. However, the accident should be reported to the police.
Closest example to yours - not RIDDOR. Neither here nor there if you put it in your accident book or not in all honesty - it proves/disproves nothing.
|
|
|
|
Rank: Super forum user
|
smith6720 wrote:He is at work, its an accident and should be recorded in accident book, if he has been off for more than 7 days its reportable under RIDDOR aahhhhhhhh.....no!! I wish people would be sure of their facts before posting.
|
|
|
|
Rank: Super forum user
|
Damel - you beat me to it...! I was checking this for a colleague just yesterday http://www.hse.gov.uk/ri.../do-i-need-to-report.htmClaire: As for being sure of facts - I tend to agree but is there not an issue here, that in these "fringe areas" (for want of a better term) that do not come up that often that people form a view, based on other people's comments, what they believe to be the case etc AND this then becomes "fact" for them? I agree that ideally one should always "check the facts" first, before speaking but isn't it human nature to think that what I know is right? We do it when speaking so isn't it the same with posting here? Phil
|
|
|
|
Rank: Super forum user
|
Was the driver injured by the load they were transporting in some way ie not secured properly or release of a substance ? or was the accident injury just down to being shaken etc from the sudden stopping ? (so nothing to do with what was being transported)
|
|
|
|
Rank: Super forum user
|
"REPORTED" under riddor? No
"RECORDED" in the acccident book under the Social Security Act? Yes.
Two different pieces of legislation and two different requirements.
"At Work" means at the place of work and/OR carrying on the business of work. As a delivery driver making deliveries he was "At Work".
|
|
|
|
Rank: Super forum user
|
Yes it should be reported in the accident book or whatever local system you have for this purpose.
Depending on the circumstances some 'road accidents' are be reportable under RIDDOR, and the guidance to RIDDOR gives you examples of the sort of 'road accidents' that are reportable and those which are not. From the scenario that you have given, this would not be reportable under RIDDOR. It should nevertheless go in the 'accident book'.
|
|
|
|
Rank: Forum user
|
Safety Smurf wrote:"REPORTED" under riddor? No
"RECORDED" in the acccident book under the Social Security Act? Yes.
Two different pieces of legislation and two different requirements.
"At Work" means at the place of work and/OR carrying on the business of work. As a delivery driver making deliveries he was "At Work". The Health Act 2006 stipulates that a vehicle must be smokefree if it is used “in the course of paid or voluntary work by more than one person” (even if those persons use the vehicle at different times, or only intermittently). Therefore, here we have a law which does define a vehicle as a workplace. But as Smurf makes point it isn't in terms of RIDDOR. Bitter irony. The HSE guide http://www.hse.gov.uk/pubns/indg382.pdf states "The Health and Safety at Work etc Act 1974 requires you to ensure, so far as is reasonably practicable, the health and safety of all employees while at work. You also have a responsibility to ensure that others are not put at risk by your work-related driving activities," yet RIDDOR largely washes its hands of reporting accident related out of driving. Myself and a colleague recently looked at the non-HSE work related deaths - data is available from the Dept of Transport, the Maritime and Coastguard Agency and UK Civil Aviation Authority. It provides a much more truthful picture of complete number of work-related fatalities and injuries in UK. Quite horrifying. B
|
|
|
|
Rank: Forum user
|
Claire ok we are not all perfect !!sometimes we do speak our mind at the time without checking, but I do believe all is not black and white as you make out!!
I would still consider the statement below, if he is a driver and cannot drive for 7 days, he cannot forfill his normal duties. again as another poster said "bitter irony"
someone at work is unable to do the full range of their normal duties for more (e) than seven days as a result of an injury (an ‘over-seven-day’ injury) caused by an accident at work (see regulation 3(2));
Just to finish off, if we want to keep an open forum we should allow people to have their say, and in a constructive manor the more experienced amongst us on here can offer sound advice , and then we can say," I learnt something else at school today" !!
|
|
|
|
Rank: New forum user
|
Many thanks to all of you for your replies, can anyone give me any more information about the social security act and its connection to the reporting of accidents. As I understand it its in case a claim is made at a later date e.g. the drivers neck or back begins to hurt 3 months down the line, chronic workplace injury. thanks.
|
|
|
|
Rank: Super forum user
|
RIDDOR is but one law to account for re accidents and social security law is in fact the more senior law areas re accident at work reporting
Accident books are social security law requirements and not H&S law requirements and a requirement to investigate an accident comes from SS law and not H&S law!!
My advice is to read up as much as U can yourself as I find that it is the only way to get things in my own head - 'The social security [claims and payments] regs' is a good starter
The HSE change their mind a lot as if you do not report you can be wrong and if you do report you can be wrong - if in doubt report it as a 7 day and go from there then at least U have done all U can noting that U can trust few
And it was suggested a number of years ago to include many additional accidents at work areas into RIDDOR inclusive of RTC's [RTA's as they were]. However the political elements stopped that line of thought as in reality there are a lot more work related accidents than many think that there are and capturing all that data in one area would have highlighted many areas that are now not highlighted
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Road traffic accident, and the accident book
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.