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But the injury was not as a result of work. So not RIDDOR. Its assault, a criminal matter
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Rank: Super forum user
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The original posting has gone missing but for what it’s worth: This is from the HSE document “Violence at work: A guide for employers” INDG 69- The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) Employers must notify their enforcing authority in the event of an accident at work to any employee resulting in death, major injury, or incapacity for normal work for three or more consecutive days. This includes any act of non-consensual physical violence done to a person at work.
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Rank: Super forum user
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"non-consensual" makes my brain wonder if "Do you want to take this outside?" counts as consensual violence?
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Rank: Super forum user
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Captain - one of those areas where RIDDOR and HSE guidance is a bit murky!! They were trying to make the distinction between e.g. a postie getting thumped when out on the rounds and e.g.two professional boxers. But this does leave the Q open as to whether the postie is consenting if they agree to "take this outside", or whether it is consensual when a footballer is injured by a scything tackle or an elbow across the face when the offender receives a red card, so violence at a level well beyond that permitted under football rules.
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Rank: Super forum user
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If you look at R vs Brown which involves a number of men submitting to certain violent acts in BDSM setting the House Lords rules that consent of itself does not make a violent act legal. There has to be “a good reason” for such an act. They mention boxing, but only it’s a proper fight with proper rules. A scrap between two blokes outside a pub is unacceptable and both of the participants can be prosecuted. They also make a distinction between the common law office of assault, which can just involve pushing another person and actual bodily harm which is a statutory office. An employer is expected to protect their employees from harm if it is within their power to do so even if this harm is caused by a third party. There have been cases of shops being prosecuted for not doing enough, to protect employees from violent attacks for example if they are working alone at night.
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 1 user thanked A Kurdziel for this useful post.
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Rank: Super forum user
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There used to be some guidance on the HSE web site about violence
and RIDDOR but looks like its gone! From memory it depends what caused the violence,
I think one example they gave was if someone came into a work place to punch
someone who they suspected of chatting up his girlfriend it would not be
reportable (not work related). Someone punching a manager because they did not
like what they were being asked to do would be reportable (providing one of the
named injuries applied). Don’t know why these trades were fighting as original post
gone.
In term of professional sports than injuries that arise out
of the way the game is being played (the bad tackle referred to before) are not
reportable. Injuries elsewhere such as a slip in a shower (when I was an
inspector my manager said she would investigate any of those from our local professional
team!) would be – as would an injury arising out of faulty equipment – such as
goal posts collapsing.
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1 user thanked HSSnail for this useful post.
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