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quality_somerset  
#1 Posted : 12 November 2021 02:22:27(UTC)
Rank: New forum user
quality_somerset

Hi Everyone 

I've got a funny RIDDOR situation that doesn't fit easily into the guidelines for reporting.

I will keep some of the information a bit vague as to not identify my company:

An employee finishes work and leaves via the main gate, this employee then crashes into a company vehicle that is parked outside the main gate (a couple of metres max) on a public road (i think?).  The vehicle has a protruding load (2m and illuminated by a flashing cone but above sightline of employee).

The employee is momentarily knocked unconcious before walking back into the premises for help, at this stage I am not sure whether they went to hospital for a check up.

My instinct is to RIDDOR report as the lorry parked on the road was a work related accident as there is limited space to park in the yard; the company had control of the vehicle and the company also had control in making sure the area was well illuminated.

Am i on the right track?

  

Evans38004  
#2 Posted : 12 November 2021 07:59:05(UTC)
Rank: Forum user
Evans38004

Hi I would not report - once the employee clocks out and leaves the boundary of your site he / she is a member of the public on a public highway. I'm unsure by your wording "... (he/she) leaves via the main gate, this employee then crashes into a company vehicle..." - was he/she a pedestrian or driving his/her own vehicle at this point? Since he/she drove/walked into the parked lorry / load then your comapny doesn't seem to have any respobnsibility for this incident.
Roundtuit  
#3 Posted : 12 November 2021 08:36:05(UTC)
Rank: Super forum user
Roundtuit

Bit of clarity needed over how they exited - driving/riding/passenger/cycling/walking.

If it were a straight RTC then it would not be RIDDOR.

A 2m overhanging load needs to be clear to "other road users" (DFT "Code of Practice - Safety of Loads on Vehicles"). Illuminated by a flashing cone above line of sight does not sound to fit this requirement where the other road user is a pedestrian.

If they were a pedestrian "member of the public" you need to know if they got taken directly to hospital in which case it becomes RIDDOR.

Roundtuit  
#4 Posted : 12 November 2021 08:36:05(UTC)
Rank: Super forum user
Roundtuit

Bit of clarity needed over how they exited - driving/riding/passenger/cycling/walking.

If it were a straight RTC then it would not be RIDDOR.

A 2m overhanging load needs to be clear to "other road users" (DFT "Code of Practice - Safety of Loads on Vehicles"). Illuminated by a flashing cone above line of sight does not sound to fit this requirement where the other road user is a pedestrian.

If they were a pedestrian "member of the public" you need to know if they got taken directly to hospital in which case it becomes RIDDOR.

chris42  
#5 Posted : 12 November 2021 09:18:47(UTC)
Rank: Super forum user
chris42

The person was not at work, so they were a member of the public as already stated. However there is a further question ( at least 1). The vehicle that was hit, parked outside due to lack of space in the yard, were they engaged in loading or offloading at the time?

If they were, then the accident may be covered by RIDDOR if they were taken straight to hospital or they really lost consciousness.

However, if it was not being loaded or offloaded, just parked there then it is just a RTA and so not reportable to HSE.

Seems there was more than one question.

Chris

Capture is "rANT", that would have beeter been used for a different post

thanks 2 users thanked chris42 for this useful post.
A Kurdziel on 12/11/2021(UTC), Dazzling Puddock on 23/11/2021(UTC)
quality_somerset  
#6 Posted : 12 November 2021 09:43:49(UTC)
Rank: New forum user
quality_somerset

Sorry for any confusion, just trying to be a bit vague to respect the company’s and individual’s confidentiality. For further clarity: Person finished work, got on their motorbike, went out the front gate and crashed into the back of a company lorry which had an overhang of 2m. Rear of lorry poorly lit; bike riding employee knocked briefly unconscious, though they did not go to hospital. Lorry is loaded in yard then driven and parked on the road that runs outside the business.. Hopefully that clarifies things a bit more, was on night shift so brain gets a bit scrambled at 2am. Thanks for your help.
Evans38004  
#7 Posted : 12 November 2021 09:56:21(UTC)
Rank: Forum user
Evans38004

Thanks 

IMHO - still not a RIDDOR, but your company and the lorry driver and the motorcyclits have an opportunity to learn from the incident

thanks 2 users thanked Evans38004 for this useful post.
CptBeaky on 12/11/2021(UTC), Dazzling Puddock on 23/11/2021(UTC)
Roundtuit  
#8 Posted : 12 November 2021 10:50:18(UTC)
Rank: Super forum user
Roundtuit

With clarification this was an RTC so as Evans 38004: not RIDDOR, very much a learning opportunity

thanks 2 users thanked Roundtuit for this useful post.
Dazzling Puddock on 23/11/2021(UTC), Dazzling Puddock on 23/11/2021(UTC)
Roundtuit  
#9 Posted : 12 November 2021 10:50:18(UTC)
Rank: Super forum user
Roundtuit

With clarification this was an RTC so as Evans 38004: not RIDDOR, very much a learning opportunity

thanks 2 users thanked Roundtuit for this useful post.
Dazzling Puddock on 23/11/2021(UTC), Dazzling Puddock on 23/11/2021(UTC)
peter gotch  
#10 Posted : 12 November 2021 15:50:42(UTC)
Rank: Super forum user
peter gotch

As Roundtuit says - a learning opportunity and on the face of it a breach of duty of care.

So, someone, in Somerset, I presume, would be well advised to do an investigation! 

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