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#1 Posted : 09 February 2005 14:31:00(UTC)
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Posted By Alison Entwistle I am aware that RIDDOR questions are raised regularly and have looked through what I can see; however I have not seen anything that relates to my query. Please let me know your thoughts.... Employee has an accident on a Friday, is taken to hospital and then goes home a couple of hours later with bruising. Is not fit to start work again until Tuesday when he returns to work. Is this reportable as a + 3 day? The employee has had 3 days off, not 'over' 3 days... Bear in mind: HSE 31 the leaflet "RIDDOR Explained" outlines the requirement as follows: "An over-three-day injury is one which is not major but results in the injured person being away from work or unable to do the full range of their normal duties for more than three days (including any days they wouldn’t normally be expected to work such as weekends, rest days or holidays) not counting the day of the injury itself" In the regulations (L3 "A Guide to.....(RIDDOR)). "Reg 3(2) ......for more than three consecutive days (excluding the day of the accident but including any days which would not have been working days) ......." Para 57 of accompanying guide states ".....more than three days." Para "58 When calculating ‘more than three consecutive days’ the day of the accident should not be counted, only the period after it. Any days the injured person would not normally have been expected to work, such as weekends, rest days or holidays, must be included." Para "59 Some situations will include days when the injured person would not normally have been expected to work. Determining whether they would have been unable to do their normal range of duties for ‘more than three consecutive days’ may therefore involve a degree of judgement. It may be necessary to ask the injured person if they would have been able to carry out all of their duties if they had been at work." I am interested in the interpretation of the +3 day reporting requirement. Whilst it is better to report than not, if an organisation reports a day early each time it can affect incident rates, etc. Opinios please.....
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#2 Posted : 09 February 2005 14:43:00(UTC)
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Posted By Heather Aston Alison There's no doubt here - it's quite clear. Not reportable. Friday - day of accident, not counted. Sat, Sun - presumably employee not fit for work as he was still not fit on Monday, but are both counted so that's 2 days. Mon - another day off. That's three days. Tue - returned to work. That's 3 days. Not more than three days, not 3+ days. It's definitely not reportable. I'm sure someone will be along in a minute to disagree and say report it just in case...... Heather
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#3 Posted : 09 February 2005 15:35:00(UTC)
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Posted By David A Jones Alison, Totally agree with Heather on this one - NOT Reportable as an over 3-day injury. And, ignore those that say report it just in case
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#4 Posted : 09 February 2005 15:38:00(UTC)
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Posted By Roger the Dodger This would be reportable, in my opinion - although it is splitting hairs for my reason. 3 days = 72hrs If the accident happened on a Friday, clearly the day of the accident is not counted in the calculation. Hence the clock starts running at midnight of Friday/Saturday. Thereforethe 72hrs would be up at midnight Monday/Tuesday. So unless the injured person starts work at midnight on the Monday/Tuesday he will have been away from work for more than 72hrs/3days. If the person is scheduled to start work at 8.00am Tuesday, he has actually been unfit for work in RIDDOR terms for about 80hrs, which is about 3 1/3 days. Hence more than 3days and becomes RIDDOR reportable.
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#5 Posted : 09 February 2005 15:44:00(UTC)
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Posted By David A Jones Disagree, it would only be reportable if he was not fit for work on the Tuesday. I would presume he was fit for work at midnight on Monday/Tuesday if he turned up for work on the Tuesday - unless you are specifically informed to the contrary (if you want to be pedantic then you would have to ask the question)
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#6 Posted : 09 February 2005 16:01:00(UTC)
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Posted By Diane Thomason Agree with Heather and David. He turned up for work on Tuesday - I don't believe that his start time and the time of the accident are relevant.
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#7 Posted : 09 February 2005 16:04:00(UTC)
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Posted By Roger the Dodger Answer the following question was a straight 'yes' or 'no' 'Has the person been unfit for work for more than 3days/72hrs?' This will tell you if the incident is RIDDOR reportable.
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#8 Posted : 09 February 2005 16:11:00(UTC)
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Posted By Jonathan Breeze So what do you suggest Roger, ring them up at midnight to check they will be in later that day? I think you may have a 'technical' point there, but realistically you'd wait to see if they presented themselves for the next available shift and only report if they didn't turn up.
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#9 Posted : 09 February 2005 16:12:00(UTC)
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Posted By Heather Aston Roger Where do you get the 72 hours from - it's certainly not mentioned in RIDDOR? The question is was the person unfit for three or more days - they were not in this case. It's not a "clock ticking thing". Only complete days count. Not fit for work Saturday - 1 day. Not fit Sunday 2 days. Not fit Monday 3 days. Fit Tuesday not 4 days. Didn't we have this discussion last week? So would you report this accident if say it happened at 10 am on Friday and the person didn't come in until 2 pm on Tuesday, because if you would then IMHO you are over reporting. Heather
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#10 Posted : 09 February 2005 16:14:00(UTC)
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Posted By Alison Entwistle Thanks for the responses so far. Roger - the information does not state 'over 3 days (or 72 hours).....see my original post in which I have included extracts from relevant HSE documentation. It is easy to say 'report it to be on the safe side' and dependant on the circumstances it would be. However I am trying to gauge opinion on what the regulations actually require, ie 3 days or more - or - more than 3 days.... rather than what we would do to cover our backs. Any other views.....? Alison
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#11 Posted : 09 February 2005 16:17:00(UTC)
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Posted By Roger the Dodger I don't disagree with this last posting, I did originally say my argument was based on a technical point. In the final analysis, the guidance wording is bad, maybe it should say something like 'the 3day rule is invoked if the injured person doesn't report for his/her next work shift after 3 whole days have passed'
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#12 Posted : 09 February 2005 16:19:00(UTC)
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Posted By Heather Aston Alison Getting away from the 72 hour argument (over which Roger and I will probably agree to disagree!) the Regs are quite clear in all the bits you've quoted that you do not report for three days absence, only for more then three days. So if what you're asking is this chap was away for three days should you report it, then the answer is clearly no. I'll shut up now. Heather
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#13 Posted : 09 February 2005 16:25:00(UTC)
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Posted By Alison Entwistle Thanks Heather I wonder whether it is worth seeing how many people would report an absence from work for 3 days only and who would only report those incurring 4 or more? Vote - 3 or 4 ...... ? I vote 4 Alison
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#14 Posted : 09 February 2005 16:30:00(UTC)
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Posted By Roger the Dodger No not 4 days whole days. Effectively you should report at some point if the person doesn't turn up for work on the 4th day, but not 4 whole days - i.e. 3 and a bit days. However its all a nonsense argument, as you have 10days to get the report in - so it should all be clear before then anyway.
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#15 Posted : 10 February 2005 10:08:00(UTC)
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Posted By Bill Elliott If the individual returned to work on Tuesday BUT was unable to complete the FULL range of his duties - REPORTABLE. If the individual returned to work on Tuesday fully fit to resume normal duties - NOT reportable.
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#16 Posted : 10 February 2005 11:47:00(UTC)
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Posted By Alison Entwistle Thanks again to those who have responded. Whilst I am certainly not advocating not reporting incidents that clearly should be; equally I don't see the benefit of over reporting! It would be nice to get a few more views.... anyone...?
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#17 Posted : 10 February 2005 12:02:00(UTC)
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Posted By JJ Alison, Do you not think that this thread has been done to death now ?
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#18 Posted : 10 February 2005 12:23:00(UTC)
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Posted By Stephen_S_Edwards More than 3 days! If he comes in on the Tuesday don't report.....simple!
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#19 Posted : 10 February 2005 12:30:00(UTC)
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Posted By Mark Eden What is it you lot have got against reporting an incident? If you thought it bad enough to send someone to hospital then report the incident. The chances of it being investigated by the HSE or LEHO are very small. If it is investigated and you are found at fault , then tough.
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#20 Posted : 10 February 2005 12:44:00(UTC)
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Posted By Philip Roberts Regardless of the three day rule, if an injured person,injured in connection with or arising out of work activity, is taken from the scene of an accident to hospital, as reported in the case quoted, the accident is reportable with immediate notification, Phil Roberts MIOSH
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#21 Posted : 10 February 2005 13:02:00(UTC)
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Posted By Stephen J W Clegg. Hello Alison, I’d say it’s not reportable for two reasons: 1 The person didn’t receive any treatment at the hospital for the bruise. 2 The person was off for the DAYS you state i.e. three and not more than three. However, one of the postings correctly identified that if the person returned to work but was unable to carryout a full range of their duties, it would then become reportable, as stated in HSE 31. An example of this would be a window cleaner returning to work having had an accident on the Friday (not counted – as it’s the day of accident), was off Sat, Sun and Mon, returned on Tuesday but because of the injuries sustained in the accident on the Friday e.g. stiff neck resulting in restricted movement, only cleaned downstairs windows as oppose to climbing the ladder to do the upstairs as well. That's my thoughts anyway, if I'm wrong, no doubt it'll be brought to my attention. Hope this helps…
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#22 Posted : 10 February 2005 13:10:00(UTC)
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Posted By Kevin Drew Philip, My understanding is that you are wrong. The notification of injury requiring removal to hospital only applies to persons not at work and since this is an employee that seems unlikely. I agree with all the previous postings. Kevin Drew
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#23 Posted : 10 February 2005 13:58:00(UTC)
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Posted By Heather Aston Mark - what a very bizarre view! "Us lot" have nothing against reporting accidents if they are in fact reportable. The fact that an employee is sent to hospital - often just a precaution - has nothing to do with whether the accident is reportable unless they are kept in over 24 hrs (Kevin is right on this and Phil is wrong BTW) Reporting "just in case" simply wastes the HSE's valuable time and shows the ignorance of the so-called safety professional making the report. Fault and blame have nothing to do with reporting BTW as we established in another thread. I doubt that any safety professional worthy of the name would neglect to report an accident because they were afraid the company might get the blame. (YMMV) Heather
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#24 Posted : 11 February 2005 10:45:00(UTC)
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Posted By Alison Entwistle Probably has been done to death now.... Thanks again for views provided. As Heather rightly points out any safety professional worth their salt would not deliberately fail to report an accident that is reportable under RIDDOR. (As far as I am aware I have not suggested this.) However we should also realise that the same should work in reverse, in that we should not report accidents that are not reportable; for reasons already mentioned. There will always be those 'grey' areas where a judgement call is required and I guess most of us would come down on the side of caution and report. By posing this question I was simply attempting to establish others views on interpretation of the legislation, which as we know is not alway the same!
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#25 Posted : 11 February 2005 21:32:00(UTC)
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Posted By Stuart Nagle Only reportable if, as part of his normal working week, he would have been expected to work either Saturday or Sunday. If not, it is not reportable, as 3 days have not been taken off: Friday off (Saturday) (Sunday) Monday off = 2 days Tuesday back into work = only 2 days off (unless would have normally worked either Sat or Sun or both).
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#26 Posted : 17 February 2005 13:56:00(UTC)
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Posted By Alison Entwistle Friday, as the day of the accident, does not count. Saturday and Sunday do count (see regs and initial post regarding days not normally worked/holidays, etc). Monday counts. Returns Tuesday. Therefore 3 days off - not 'over' 3 which is the point for clarification. Cheers
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#27 Posted : 17 February 2005 16:23:00(UTC)
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Posted By John Nelson Has any consideration been given to an investigation and analysis of the accident to prevent a recurrence??
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#28 Posted : 18 February 2005 14:53:00(UTC)
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Posted By Stevie Could anyone tell me if its over 3 days since I started reading this thread !!!!!:)
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#29 Posted : 18 February 2005 15:17:00(UTC)
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Posted By Heather Aston I think if you count weekends it's probably a Major Thread by now not just an over three day one. Heather
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#30 Posted : 18 February 2005 15:29:00(UTC)
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Posted By Jonathan Breeze Ooh, ooh, here's one I've posed to a few forum members: If a staff member eats a cream cake at the end of a hot day (see 'fresh cream cakes' thread for full details) and is off for 3 days subsequently as a result, but returns to work on the 4th day, but cannot do their normal duties because they have to keep visiting the facilities, is it RIDDOR Reportable?
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#31 Posted : 18 February 2005 15:57:00(UTC)
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Posted By Heather Aston Absolutely. Presumably followed by a Dangerous Occurrence...... but only if there's an R in the month and they don't normally work on Christmas Day. Anyway Jon you know you should have prevented this by risk assessment don't you. :) Heather
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