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#1 Posted : 29 June 2007 14:31:00(UTC)
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Posted By Martin Thorpe We have someone suffering from tendonitis, believed by the individual to be due to working with DSE. Is this reportable under RIDDOR as a 'reportable disease'?
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#2 Posted : 29 June 2007 14:38:00(UTC)
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Posted By Brigham Yes it is
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#3 Posted : 29 June 2007 14:38:00(UTC)
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Posted By MT Not if it's only believed by the individual concerned to be connected with DSE work. You need to have the condition confirmed by an occupational health practitioner first.
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#4 Posted : 29 June 2007 14:39:00(UTC)
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Posted By Brigham MT is correct, I assumed you wanted to know if the condition was caused by DSE work
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#5 Posted : 29 June 2007 14:42:00(UTC)
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Posted By Mike Draper Item 12 of schedule 3 in RIDDOR: Disease Traumatic inflammation of the tendons of the hand or forearm or of the associated tendon sheath Related work activities Physically demanding work, frequent repeated movements, constrained postures or extremes of extension or flexion of the hand or wrist Tendonitis would fit the description of the disease so the question then is whether the work activity also matches up.
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#6 Posted : 29 June 2007 14:42:00(UTC)
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Posted By Martin Thorpe At the moment, we have a doctors note stating that she is suffering from tendonitis (signing her off work for 1 week). No mention of the cause, however. Do we just assume and report it?
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#7 Posted : 29 June 2007 14:43:00(UTC)
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Posted By Booney Martin, according to the RIDDOR guidance, in schedule 3, part 1 of occupational diseases, it states: 'Traumatic inflammation of the tendons of the hand or forearm ...' and in the activities column: 'Physically demanding work, frequent or repeated movements...' So I would be inclined to say (IMHO) yes, it is reportable if work-related Hope this helps Regards Booney
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#8 Posted : 29 June 2007 15:16:00(UTC)
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Posted By Steve Cartwright Hi Martin Before you do anything else. I would check her workstation, has anyone done a DSE assessment with her, has she been shown how to sit at her workstation correctly etc. I would also try and find out what she does in her spare time. Does she spend half the night on a computer at home, has she got a part time job somewhere else. We had one employee who complained about back problems and stated it was here workstation. Looked at her workstation could not find anything wrong with it. Found out she worked part time in a pub 3 nights a week pulling pints and carrying creates. Strangely enough has now stopped complaining about her workstation. Remember there are 24 hours in a day and most people on average only spend 8 of them in work. Strangely enough its always work that has caused their problems. Steve
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#9 Posted : 29 June 2007 15:17:00(UTC)
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Posted By Heather Collins If you have the doctor's diagnosis, that's step one. Step two is to be sure the problem is being caused as described in the RIDDOR Regs (as quoted above) Personally I would not "just assume and report it". I would wait until the individual comes back to work and then talk to them about what they think is causing the problem. I would also make sure they saw my company OH dept. If your investigation shows that the condition is more likely than not to correspond to the cause description given in RIDDOR (which in this case is quite broad-based) then yes go ahead and report it. HSE are not going to get excited about you waiting for a week or even two to be sure before you report. Since you have to describe what caused the problem on the 2508, it's difficult to see how you can fill one in anyway if you have not talked to the individual concerned.
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#10 Posted : 29 June 2007 15:31:00(UTC)
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Posted By J Knight Sorry to disagree with some of the posters here, but its reportable if the disease is diagnosed by 'a doctor', you don't need occy health, and if the employee's work involves one of the specified activities. You don't have to establish (or refute) cause and effect. If the employee has tendinitis diagnosed by a doctor and their job involves the specified activity pertinent to tendinitis then it is reportable, John
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#11 Posted : 29 June 2007 15:42:00(UTC)
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Posted By J Knight And there's reasons why you don't have to establish cause and effect: First off, its very difficult; in the example above the employee's bad back may have been caused by pulling pints in a bar; equally it may have been caused by her workstation; or it could have been any combination of the two in any proportion. Secondly, cause and effect will be established one way or another in court, either civil or criminal, if the case comes to that. The doctors opinion, HSEs opinion, the employers opinion, the employees opinion and everybody else's will be weighed by a judge (or three) and justice will result. RIDDOR doesn't ask employers to be private detectives or occy health physicians, so the mere existence of two circumstances triggers a report, its not for the employer to say that one is the cause of the other, John
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#12 Posted : 29 June 2007 15:59:00(UTC)
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Posted By Heather Collins John You are correct that OH don't have to be involved for RIDDOR reporting purposes - this is just what we would do as part of our return to work procedure. I would still want to talk to the individual before I reported it just to be sure the problem wasn't actually caused by something not work-related. I agree that we cannot prove causation, which is where my "more likely than not" comment came from.
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#13 Posted : 29 June 2007 16:24:00(UTC)
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Posted By Mike Draper Just as an aside, reporting does not necessarily result in enforcement action. Reporting is intended as a way of providing statistical information for monitoring across industries, to determine trends and point a way forward for strategy. It is also used to identify hotspots - such as similar diseases being reported in a geographical area or in a particular industry. It would be an unusual single incident that results in enforcement action and in such circumstances it is more than likely that action would be taken irrespective of any report as the HSE/LA would be informed anyway, e.g. by the police. As someone who regularly reviews construction contractor competence and performance, the existence of a reportable injury is in itself only an indicator for me to check that the cause was identified and preventative action taken. This is in some ways better than having no reported injuries as that makes it hard to establish the culture of the contractor organisation. Do they have injuries but not report them or are they really so good that they don't have reportable injuries? I only say this as there always seems to be a reluctance on the part of people posting here to make reports under RIDDOR.
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#14 Posted : 29 June 2007 16:55:00(UTC)
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Posted By Steve Cartwright The point I was trying to make is, that it is only reportable if it happened in your place of work. Tendonitis is reportable, but I would still investigate/check her workstation, training records, what she does in her spare time etc before reporting. Steve
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#15 Posted : 02 July 2007 09:30:00(UTC)
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Posted By J Knight Steve, Sorry, but that's not true; its reportable if the person's work involves specified activities and if they have a specified condition. It doesn't state that the illness has to have been caused by work, unlike a reportable injury which does. The wording says 'a person at work'; this doesn't mean that they had to have been at work when the illness was caused. My posts above give some indication of why we don't have to make the link ourselves; if the illness is investigated by the enforcers it will be part of the investigation to make the link, John
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#16 Posted : 12 July 2007 22:55:00(UTC)
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Posted By Sheelagh Hi, After reading about tendonitis, would this also apply to Repetative Strain Injury in the hand wrist elbow, arm, shoulder and top of spine injuries? I work ironing for 8 solid hours a day and told my employer who thinks there is no such thing and told me to get a note from my GP. Any advice would be welcomed.
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#17 Posted : 13 July 2007 07:53:00(UTC)
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Posted By Brigham Sheelagh the term RSI is used to group a set of distinctly different upper limb injuries/illnesses and is not in itself an injury/illness. You complain of hand, wrist, elbow, arm, shoulder and top of spine injuries and before you do anything else, you should get these symptoms checked by a specialist for a firm diagnosis.
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#18 Posted : 13 July 2007 08:42:00(UTC)
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Posted By Sheelagh Hi Brigham, Many thanks for your speedy response. All I have been told at this stage that the investigations are still ongoing and I am under investigation & treatment for joint pain & neurological symptoms thought to be caused by/aggravated by using an industrial iron in my job. This was my doctors letter to my employer. I am just so scared of being sacked because I hurt so much. I had 2 hours of my bosses wife/partner being nasty and rude to me and wanting to know why I need a health and safety risk assessment done. I now find myself on another 6 month probation period. My boss has also said that I walked into my first day with a arm support on which is so false and that according to them I have a previous medical history of it, again which is false. I felt bullied and intimidated by them and they refuse to offer me a lighter duty as it is my job to iron. A case of put up or shut up by them. Sigh why is life so difficult, I make a pittance anyhow!!
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#19 Posted : 13 July 2007 09:01:00(UTC)
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Posted By Brigham Sheelagh Have you considered speaking to the Citizens advice bureau about the condition you are facing? It might be worth a chat with them
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#20 Posted : 13 July 2007 09:09:00(UTC)
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Posted By Seamus O Sullivan Hi Sheelagh You need to consult with a solicitor on this matter immediately, Seamus
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#21 Posted : 13 July 2007 14:36:00(UTC)
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Posted By Sheelagh Thanks for advice everyone. I was advised by my doctor, physiotherapist to seek advice from Citizens Advice regarding employment issues. This being the 1st time in 35 years of work history I have felt the need to defend myself in the work place. I worked for many years in an office and whether any issues about health and safety came up the managers would action it immediately. I am always the type to sit quiet and hope no one notices me, head down and go for the figures expected and beyond. Unfortunately my being conscencious about not letting any one down has proven to be my biggest mistake. I just wished none of this happened and most of all I fear my hand useage loss, because I love to paint, cannot sew, write, or knit anymore. I am just wondering today as I type, when my boss confided in me about being sued by a former employee and I wished at the time I had become more nosey and asked why he was suing. At the time it was not important to me because this has been the last thing on my mind. I just offered sympathy and suggested he take a break. Ha! something that he disputes with me right now is a break for physio exercises or moreso his wife!!! I will try to keep you all posted on the results and any developments thats if anyone is interested...haha Thanks again.
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