Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 03 November 2006 11:10:00(UTC)
Rank: Guest
Admin

Posted By mark limon 3 day injury How many firms report instances of their staff being unable to do their "full range of normal duties " for more than 3 days" as required under RIDDOR.
Admin  
#2 Posted : 03 November 2006 11:20:00(UTC)
Rank: Guest
Admin

Posted By Tommy Cooper Yes we do! Probably one of our good health and safety points!
Admin  
#3 Posted : 03 November 2006 11:21:00(UTC)
Rank: Guest
Admin

Posted By J Knight Hi Mark, We try. Its a particular problem for us with over 400 workplaces, most of them very small, and I must say we wouldn't always know if an assistant shop manager had decided with their manager that they were on light duties for a stretch; but we do try, John
Admin  
#4 Posted : 03 November 2006 11:23:00(UTC)
Rank: Guest
Admin

Posted By Peter Longworth Good question. Of course everybody complies, how could you possibly suggest otherwise.
Admin  
#5 Posted : 03 November 2006 11:26:00(UTC)
Rank: Guest
Admin

Posted By mark limon How indeed Peter,how indeed!!!. :-)
Admin  
#6 Posted : 03 November 2006 11:36:00(UTC)
Rank: Guest
Admin

Posted By AJM I have done and always will do, In fact I recently had the company bring someone in after being off 3 days and paid them for two hours and questioned me as to why i reported it as a RIDDOR. I even had to show them that very statement that you quoted in the original thread. I also had a man once who worked in water injured a hand but had to work on a job he was trained on but a dry area. Once again it was reported because as you quite rightly say. He has to be able to do the full range of his normal duties not part of. I believe that lots of people often have their own interpretation of this but better to be safe than sorry. If you look on the prosecutions website you will see a fine for 8000 pounds for being 6 month overdue. Alan
Admin  
#7 Posted : 05 November 2006 22:26:00(UTC)
Rank: Guest
Admin

Posted By ColinRider RIDDOR requires an injury to be reported where a person at work is incapacitated for work of a kind which he might reasonably be expected to do for more than 3 days. Either by contract or in the normal course of his work. Reg 3(2) I don't think that this can be interpreted as "full range of normal duties."
Admin  
#8 Posted : 06 November 2006 08:10:00(UTC)
Rank: Guest
Admin

Posted By Adrian Watson HSE Stats suggest that only 48% of reportable injuries are reported under RIDDOR. See http://www.hse.gov.uk/st...06.pdf?ebul=stats/nov-06 Regards Adrian Watson
Admin  
#9 Posted : 06 November 2006 10:00:00(UTC)
Rank: Guest
Admin

Posted By Denis Murphy I'm seeking guidance on asbestos related incidents and when they should be considered "reportable" under current legislation. I work for a Higher Education Client organisation that owns and operates a large property portfolio. Many of the buildings were constructed in the 1960s and contain a lot of asbestos material. I believe we do comply in general with all legislative requirements but I am interested to know if when one of our Contractors disturbs asbestos cement lagging, by inadvertently cutting through it, is this incident "automatically" reportable? Or, is it acceptable for the contractor/Client to evaluate the likely exposure levels and make a decision not to report the incident, as they feel the exposure levels are below the "threshold" and therefore not warrant it to be reported to the HSE?
Admin  
#10 Posted : 06 November 2006 11:22:00(UTC)
Rank: Guest
Admin

Posted By AJM Colin, Just to answer your point this is an excerpt from the RIDDOR site; Over-three-day injury If there is an accident connected with work (including an act of physical violence) and your employee, or a self-employed person working on your premises, suffers an over-three-day injury you must report it to the enforcing authority within ten days. An over-3-day injury is one which is not "major" but results in the injured person being away from work OR unable to do their full range of their normal duties for more than three days. I really don't know how much clearer this last paragraph needs to be for people to accept it. I really don't understand why people look for reasons not to report when we should be looking for reasons to report. I Always report if their is any doubt, and I don't understand people that don't. Alan
Admin  
#11 Posted : 06 November 2006 11:27:00(UTC)
Rank: Guest
Admin

Posted By mark limon Alan and Colin Alan, you know your stuff Colin ,you dont
Admin  
#12 Posted : 06 November 2006 11:41:00(UTC)
Rank: Guest
Admin

Posted By Bill Parkinson Interesting to see that some people still don't seem to understand the over 3 day reporting requirements. Working in the NHS I am trying to raise more awareness of the criteria as some managers still think that if the person is doing some other job it is all right. However, it is clear that they are required to be doing their normal job not "seconded" to another dept. I also am trying to get managers to realise that the "3 days" includes any off duty days, annual leave or week-ends (if they only work during the week). Also if a person self certifies themselves for more than 3 days then this would fall into the criteria Whilst I would say that over 3 day injuries are reported (in 99% of cases) we still struggle to cope with the timescales for reporting to the HSE (or the ICC as we now have to do). Whilst on the subject of RIDDORs recently received a copy of the F2508 which I reported to the ICC asking me whether I wanted to confirm the incident as a RIDDOR. As I submitted a completed F2508 in the first place what a waste of effort asking me to confirm it !!
Admin  
#13 Posted : 06 November 2006 12:58:00(UTC)
Rank: Guest
Admin

Posted By ColinRider I don't think my suggestion was as "wrong" as I have been accused. My point was that the regulations use a different criteria to the RIDDOR website for the definition of over 3 day incapacity accidents, in that the term "full range" is not used in the regulations. This may be an arguable point from a legal perspective, especially where a contract of employment requires an employee to undertake "other reasonable duties."
Admin  
#14 Posted : 06 November 2006 13:51:00(UTC)
Rank: Guest
Admin

Posted By mark limon Colin, An inaccuracy in your post was pointed out Please read the HSE leaflet RIDDOR explained and you will see your mistake. Alternatively point us in the direction where your interpretation of the 3 day injury is wrote. Brings to mind a phrase I once heard "when you are in a hole,stop digging" regards,Mark
Admin  
#15 Posted : 06 November 2006 14:10:00(UTC)
Rank: Guest
Admin

Posted By DavidW Both Colin and Mark are correct. One is looking at the actual regulation (Reg3(2)) which states: "Subject to regulation 10, where a person at work is incapacitated for work of a kind which he might reasonably be expected to do, either under his contract of employment, or, if there is no such contract, in the normal course of his work, for more than three consecutive days (excluding the day of the accident but including any days which would not have been working days) because of an injury resulting from an accident arising out of or in connection with work (other than one reportable under paragraph (1) )" and the other is looking at the guidance to the regulations which does indeed use the term "57 An over-3-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." Regards
Admin  
#16 Posted : 06 November 2006 14:11:00(UTC)
Rank: Guest
Admin

Posted By mark limon Thankyou David
Admin  
#17 Posted : 06 November 2006 14:35:00(UTC)
Rank: Guest
Admin

Posted By Pete48 Well then guys, having got the techno/legal speak out of the way. What about a practical example? Technician Engineer has a minor work injury, sprain to his left ankle, that means he should best avoid any hands on work for a week or so. However, he is also responsible for keeping the planned mtce schedules up to date but there is a significant backlog of entries onto the database from workcards. He is also responsible for managing, but not directly supervising, three other technicians which he can still undertake. Agreement is that he will work in the engineers office getting up to date on mtce schedule records (something he would normally do in "lumps" anyway )and continue to manage the technicians. His hands on work is variable but rarely exceeds a couple of days in any week. RIDDOR or not?
Admin  
#18 Posted : 06 November 2006 14:47:00(UTC)
Rank: Guest
Admin

Posted By Anthony Elsmore Hi All, My interpretation is yes this would be reportable because the engineer can not do the "full" range of duties as normal. Regardless of the fact he is still doing some of his existing workload. Cheers Ant
Admin  
#19 Posted : 06 November 2006 15:47:00(UTC)
Rank: Guest
Admin

Posted By AJM I would concur with Anthony, It would certainly be a reportable in my eyes. This is the whole reason for the being able to do the FULL range of duties part was put in, because people in the 80's Coal mining specifically where i was would do anything to get people in to do other jobs. With slings on or on stitches or anything really so they didn't have to report. What people lose sight of is the fundamental reason for RIDDOR so figures can be collated and help towards understanding trends and analysis which go towards pro-active measures in the future. I will reiterate lets not look for reasons not to report lets look for reasons too report. Alan
Admin  
#20 Posted : 06 November 2006 16:44:00(UTC)
Rank: Guest
Admin

Posted By DavidW I'd go along with both Ant and AJM. While the guidance has no definitive legal standing and one may be able to argue the point if challenged. What happens if later it turns out to be more serious? While I don't think we should be reporting absolutley everything "just in case", and I know nobody has suggested this, I do believe that if in doubt, report it. DW
Admin  
#21 Posted : 06 November 2006 16:49:00(UTC)
Rank: Guest
Admin

Posted By Merv Newman So the plant handy man who includes in his duties the annual repainting of the flag pole is not, because of an accident, able to do that. He's ok for everthing else. RIDDOR ?
Admin  
#22 Posted : 06 November 2006 16:54:00(UTC)
Rank: Guest
Admin

Posted By mark limon a rather extreme example Merv.
Admin  
#23 Posted : 06 November 2006 16:58:00(UTC)
Rank: Guest
Admin

Posted By J Knight Hi Mark, Yes, it is extreme, but it is at the edges that the careful efforts of our legislators begin to unravel a bit, John
Admin  
#24 Posted : 06 November 2006 17:03:00(UTC)
Rank: Guest
Admin

Posted By Merv Newman It was meant to be. But weren't you asking "where do YOU draw the line ?" Before it gets to "once-a-year" or "once a month" or "once a week" ? I draw it at "normal duties modified as a result of the accident" So the maintenance supervisor, who would normally be expected to out of the office some of the time and in the office the rest of the time, is now restricted to the office. RIDDOR. And no, you can't give them a few days off. Not unless the days off were scheduled before the accident happened. Merv
Admin  
#25 Posted : 06 November 2006 17:10:00(UTC)
Rank: Guest
Admin

Posted By mark limon I only asked if we comply, where we draw the line seems to be an ongoing theme with most regs. Im sure where I would draw the line is different to where you would and probably most contributors to this site would to a greater or lesser extent.
Admin  
#26 Posted : 06 November 2006 21:57:00(UTC)
Rank: Guest
Admin

Posted By Pete48 I still believe that the example I gave is typical of those that will not get reported by many companies including some with professional safety advice. I think that until RIDDOR adopts the concept of "restricted work injury" and starts to collect and collate data on that area separate from the current 3 day injury, then the under reporting is likely to continue with respect to this area. There is, after all, a significant difference in the loss values between the two. My example would currently be placed in the same loss bracket as a MHO injury that could result in weeks off work, total loss to both parties. Just does not feel right to me and many others I suspect. And yes before anyone asks, I would report my example for the reasons that Merv so eloquently outlined.(as usual) If I had left out the hands on bit to make him an office based tech manager, I would not have reported it because there is no restriction just some adaptation of the timing of certain duties, something that every manager does every day to match the changing goalposts. Over to you?
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.