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Redders  
#1 Posted : 11 March 2014 22:09:24(UTC)
Rank: Forum user
Redders

Apologies if this has been covered before but I couldn't find anything previously via the search facility. Would an ankle fracture sustained by a private tennis club member whilst playing tennis at the club be reportable under S5 of RIDDOR if that person was taken to hospital for treatment? Would this be dependent on factors associated with the possible cause e.g. section of all-weather court not properly maintained or would the reporting be irrespective of this? Thanks in anticipation
Redders  
#2 Posted : 11 March 2014 22:21:07(UTC)
Rank: Forum user
Redders

Just found an answer to this! The injury would be reportable if it was due to 'defective equipment or failings in the organisation and management of an event'. Therefore, if it could be determined that this injury was caused by the court not being properly maintained then it should be reported. Is this a reasonable summation or or there any other factors that need to be taken into consideration?
danderson666  
#3 Posted : 12 March 2014 04:53:32(UTC)
Rank: Forum user
danderson666

I thought Riddor only applied to work related injuries etc. This person was not at work. "RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role:" From the HSE website Dave A
Xavier123  
#4 Posted : 12 March 2014 10:04:50(UTC)
Rank: Super forum user
Xavier123

By jove I think he's got it. Solved your own query Redders! Sporting injuries, unless brought about by some defect related to work activity or work environment, are non-reportable. So your summation is quite reasonable.
Potter21118  
#5 Posted : 13 March 2014 14:01:45(UTC)
Rank: Forum user
Potter21118

Are you sure you have it? This extract is taken from the HSE website - RIDDOR Types of reportable accidents. Non fatal accidents to non-workers (eg members of the public) Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances. As the person is not an employee then they are a member of the public. The criteria to be met is: was the person "taken directly from the scene of the accident to hospital for treatment to that injury". If they were then yes, it is reportable, Doesn't matter if it was by car, ambulance or other means. If they went home or to see their GP first then no, it is not reportable. Under Section 5 of the RIDDOR regulations children are classed as members of the public whilst at school - See EDIS1 on the HSE website, it gives pretty clear guidance for schools on this matter, which as far as I see very similar to your circumstances, just school based. Happy to take more thoughts on this.
Canopener  
#6 Posted : 13 March 2014 14:59:47(UTC)
Rank: Super forum user
Canopener

quote=danderson666]I thought Riddor only applied to work related injuries etc. This person was not at work. Dave A
Unfortunately (or fortunately depending on your point of view) INDG453 provides considerably less information than the previous comprehensive guidance. the previous guidance gave some good examples of when to or not to report for those 'Not at work'. You ARE required to report injuries to those people 'Not at work' IF certain specified criteria are met. In this case, if the incident was the result of an 'inherent' risk associated with taking part in the sport, then I would suggest that it isn't reportable as it was not arising out of or in connection with work. However, if the incident and subsequent injury was caused by something under the control of the occupier e.g. the condition of the playing surface, then I would suggest that it is reportable if the other criteria (hospital/treatment etc) are met.
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