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Posted By John Mackessack
Here's an interesting scenario that an acquaintance has put to me:
An employee has complained of a work-related respiratory disorder. There are only a handful of potential suspect substances in the workplace, all of which are controlled by rigorous monitoring / sampling regimes. Airborne contaminants being extremely low.
He has undergone regular health surveillance as well as in-depth studies - his alleged ailment investigated by some of the best medical facilities and occupational hygiene brains in the business.
No expense has been spared in this process. In addition, he has long since been removed from the suspect area but his symptoms persist.
Absolutely NO link can be established between his problem and his workplace. His ailment has not been reproduced under any medical test.
The employee's 'employment viability' is now minimal. There is nowhere else he can work (due to other physical disorders) and the organisation is already lean. It's not looking good for him.
During the entire process, the employee has often been less than cooperative and at times obstructive to the process of identifying his problem.
It has been mooted by some that the employee is exaggerating/inventing his ailment and has an alterior motive.
While signed off sick again, he decides to report his 'disease' under RIDDOR, even though there is no medical diagnosis or evidence.
The employer receives a copy of the F2508 report from the Incident Control Centre and recognises that it is wholly inaccurate.
What happens next?
a) Is there a route of reporting back to the HSE for the employer to refute or comment on the report?
b) Is there a requirement for confirmation from an approved medical practitioner before it can stand on the HSE's statistics?
C) Is this simply added to the statistics anyway and lands on the local inspector's desk a few days later?
Any comments are welcomed on the above...I have my own opinions, but I am weary and cynical!
John
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Posted By Linda Crossland-Clarke
Hi
I filed a RIDDOR report and a few weeks later the (injureed person (IP) informed me of a change in their description of the occurance. I rang the RIDDOR line and gave the ref number, they then added the additional information that had been reported to me, who informed me and when.
Any help?
Linda.
SHE Knows.
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Rank: Guest
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Posted By Arran Linton - Smith
As this ill health has been reported via RIDDOR, the HSE through EMAS may investigate this. You no doubt would be able to greatly help them with their enquiries, however if they don’t, I am sure that it would just become a statistic.
In view of fact that the volume of reportable diseases are greatly under reported, I am sure that the HSE will not be too concerned over the odd erroneous occupational ill health report.
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Rank: Guest
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Posted By Martin Allan
As an ex HSE Inspector I recognise this problem, however employees seldom used to report on F2508 to HSE themselves. Perhaps this is now easier using the online system.
However, as the assumption is usually that the employer has the duty to report ('Cos that is what Riddor really says) it might be prudent to ask the Local HSE office for a copy of the electronic document they will have received from the central reporting system. Then after perusal of the form as the real employer the firm can write to HSE explaining the rigour of the surveillance and the other tests that have been done, that medical science appears to suggest that there is nothing wrong with the employee (who it appears has not presented viable symptoms to any medical practitioner). I would also try to imply at this time that I was questioning the validity of a reported case of industrial ailment that was apparently reported without any confirmation by the employer.
At this time the employer can take the opportunity to confirm the apparently reasonable stance they seem to have taken, and hint that the employee seems to be trying to preserve his employed position, because to most persons (considering the details posted) he seems to be putting himself in a position of unemployability.
I suggest it might be wise to get these details on official record, in case the employee is really trying to "work his ticket".
However, make certain sure that you can justify all the details of the precautions and tests that have been taken. HSE might ask for the record of these, also do remember that cases of sensitisation do occur and individuals can be over susceptible to some materials.
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Posted By Ron Hunter
Falsely reporting under RIDDOR (masquerading as the employer?) does not constitute co-operating with the employer! Interest would be what prescribed industrial disease has been reported - may constitute further falsehood?
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Rank: Guest
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Posted By Jonathan Sandler
How did the employee know about RIDDOR Reporting Procedures?
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