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Posted By Barry Cooper This morning I arrived at work to learn that an employees relative had rung in saying the employee had been to the doctor who signed him off work for a week. He hurt his back the previous day moving a pipe. He didn't report it to his supervisor only to a colleague.
I asked his manager to contact the employee to see if he could come in to work to find out what had happened, which the manager delagated to HR dept. I said that it would be a lost time accident (company reportable for 1 day or more lost) and a RIDDOR reportable.
HR dept contacted the employee,who said that he didn't want it to be a lost time accident and that he really didn't want to report it as a work accident, so as far as they are concerned the guy didn't do it at work.
I stated to HR that if he was injured at work (which I am sure he was) then it was a work related injury and reportable. HR said that he cannot make the employee report it, and if it was a work accident then he would be disclipined for not reporting it as per the procedure.
At present the accident rate for the company is extremely low (one of the best in the group) and we haven't had a RIDDOR accident for over 12 months, and of course no one wants to damage the record. All I want to do is investigate the accident, implement measures to prevent a recurrence, and of course report it under RIDDOR, and to our European central office. Am I right? or am I being too naive?
Barry
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Posted By Clark Although it is highly likely that an incident did occur at work, and that it would be notifiable where RIDDOR criteria is met/exceeded, I feel that at present you do not have the information necessary to confirm this. It appears you are a hiding to nothin, but I would want to discuss the matter with the IP in the hope of gaining the full facts around the incident openly and honestly. This, I hope, would confirm your view.
However, although it goes against the grain, if the IP sticks to his claim that it is not a workplace injury (for whatever reason) and you can not prove otherwise I feel you should not report the incident. I would however maintain a full record of your investigation including justification for not reporting the incident should this be required later.
Hope this helps, but I feel all I have done is reinforce what you were already thinking.
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Posted By Jim Walker This is the unfortunate consequence of companies making RIDDOR or LTAs as KPI data.
If you look at the original reason for RIDDOR it was to monitor trends and target resources, not as a policing method.
Too many companies now encourage "cover ups" to avoid damaging the LTA records.
So........... what should we use to measure performance??
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Posted By Steven As I understand it the IP did not report the incident/accident to the appropriate person at work at the time of the accident, therefore is he in breach of any company rules regarding reporting of accidents – is this a disciplinary offence? Were there any witnesses to the accident?
I should imagine that the HR department see the issue that it was not reported therefore there is no evidence that it was done at work.
I would investigate the incident further and try to speak to the IP personally to establish why it was not reported, if you are happy in your mind that this is a genuine accident at work and a RIDDOR reportable, then report it.
Steve
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Posted By Paul Devlin HI Barry
In your posting you stated that he reported it to a colleague at work when he had the accident and you need to verify this and use their evidence to carry out your investigation.
Even if the IP doesnt want to report it as a responsible employer you should make sure that it is reported as per RIDDOR. In a worst case scenario when for instance an employee is killed or incapacitated do we not report the accident since the victim cant fill out their part of the report, I know this is a bit strong but I hope you see what I mean. Your argument cant be that you didnt report it because the IP didnt do it, you know about it therefore you must report.
As for your HR they are certainly going to have an adverse affect on employees reporting accidents if they take the discipline stance for late reporting etc and I would question the legality of this particular process?
Regards
Paul
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Posted By GWP No wonder your company has the lowst accident rate in the group, if HR are bullying people into not reporting accidents. At the end of the day the person responsible for H&S must make the decision on whether the accident is reportable or not, based on an investigation. Low accident rates do not on their own indicate a safe working environment and a culture that discourages reporting of accidents indicates a lack of integrity.
Gerry
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Posted By Philip McAleenan In effect Barry, he has reported the accident to the employer. When his relative phoned in stating that he is off with an injury sustained as a result of moving a pipe the previous day, assuming of course that the pipe moving in the course of his work, that constituted a report. Reporting protocols in respect of injury should not be strictly applied as circumstances may dictate that the injured party reports it in some other manner or time.
As for investigating the incident, it is not appropriate for him to be invited in to give the details when he is signed off as it may to be in his best interests (injury wise that is) to move from home. If it is urgent that an investigation report be prepared, seek his permission for someone to visit him at home, otherwise wait until he returns. As you already know that he injured it as a result of moving a pipe, some if not all action can be taken now.
Disciplining employees for not reporting as per a particular procedure is excessive and indeed if he feels threatened that may be the reason why he now doesn’t want to report it.
Philip
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Rank: Guest
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Posted By John Murgatroyd And if the company is really unlucky the guy may have a good case for HR bullying...
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