Is This Considered a LTI?

Anders501 · Post by **Anders501** » Wed Dec 12, 2018 5:38 am

Hi Guys,

We've had an incident at work where 2 employees have got into a scuffle and one has received an injury which has resulted in him being off work for a few days.

We have addressed all the disciplinary and legal aspects such as local police etc but I'm not entirely sure if this should now be considered as a LTI?
It happened in work and was quickly resolved but unfortunately it's ended up with an injury to the guy.

Any pointers would be much appreciated.

Thanks

Anders

abarnett · Post by **abarnett** » Wed Dec 12, 2018 7:06 am

Hi Anders,

I'd say no as it doesn't relate to a work process - it's been the breakdown of an interpersonal relationship and not something that the employer has done.

Andy

Anders501 · Post by **Anders501** » Wed Dec 12, 2018 8:27 am

Thanks Andy, I was thinking along the same lines.

Anders

ddlh · Post by **ddlh** » Wed Dec 12, 2018 4:57 pm

Guidance copied below from the HSE pages

"Employers must notify their enforcing authority in the event of an accident at work to any employee resulting in death, specified injury, or incapacity for normal work for seven or more days. This includes any act of non-consensual physical violence done to a person at work. More information is available at the HSE RIDDOR pages."

So if 7 days work absence results then yes reportable as above.

abarnett · Post by **abarnett** » Thu Dec 13, 2018 6:56 am

For me it's going to depend on the extent to which the assault is work related.
From the HSE FAQS:
Q. Our receptionist was injured when she was hit at work. The assailant was her partner and the argument was about their personal life, not work. Is this reportable?
A. No. Although acts of non-consensual physical violence to a person at work are included in the definition of an accident, the accident must be work-related. This was not, it was a personal matter.

The principle is established that the mere act of being at work is not enough to make it RIDDOR. So if the fight was about, for example, person A having slept with person B's partner then I would say that's a personal matter and not work related....

toecutter · Post by **toecutter** » Thu Dec 13, 2018 1:21 pm

I'm imagining an HSE inspector visiting site after a RIDDOR, discovering the violence was consensual and just quietly packing away his wee notebook.

Post by **bernicarey** » Thu Dec 13, 2018 2:13 pm

toecutter wrote: ↑Thu Dec 13, 2018 1:21 pm I'm imagining an HSE inspector visiting site after a RIDDOR, discovering the violence was consensual and just quietly packing away his wee notebook.

When I was in the RAF and serving out in the USA, working alongside the USAF, one or my US colleagues told me about how he had the Police turn up at his door because his son (aged about 13/14) had, when asked about his bruises, told school staff he father caused them.

He asked the Cops if the school had bothered to ask his son exactly how he had got the bruises; the Cops said they didn't have that information.
So he told the Cops they were at liberty to ask his son that very question. Which they did.
The son told them how he and his dad were both Martial Arts 'combatants' and had done it to each other. At which point my colleague asked the Cops if they would like to see the bruises that his son had given him....

They left...

So I guess that would be consensual violence

Post by **Keith1983** » Mon Jan 28, 2019 10:58 am

If the two people involved only come across each other in the workplace then I'd say it is very much a LTI. Has there been previous between them? Has there been an opportunity to have them work on different tasks which would mean they weren't exposed to each other? It's an interesting one but for me, unless it is a spill over form an out of work event then yes it is work related.