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#1 Posted : 07 December 2007 11:28:00(UTC)
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Posted By JimE
Hi folks,
A managing director/owner goes to the cash&carry for stock for the company tuck-shop.He suffers a back muscle injury whilst loading a light box of crisps into his car at the cash&carry.He manages to drive back to work where the stock is unloaded and the MD is seen by the H&S advisor really struggling to walk.The MD says he is going to an osteopath straight away.The MD doesn't come to work the next day.
The MD/owner is often very disparraging of any employees who have had accidents.
Is an accident report needed and should the MD be away for over three days is it a Riddor? The MD does not have set work hours.
Does anyone agree it should be reported?
JimE
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#2 Posted : 07 December 2007 11:36:00(UTC)
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Posted By Pete Longworth
Substitute MD for delivery driver and ask yourself what your response to the question would be. The man's position in the company is irrelevant IMO. If you believe the injury was as a result of loading the box of crisps then it is a RIDDOR after 3 days away from normal duties. Your own internal reporting procedures should be followed as well.
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#3 Posted : 07 December 2007 11:46:00(UTC)
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Posted By JimE
Thanx Pete,
Thats what I thought too.
JimE
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#4 Posted : 07 December 2007 12:02:00(UTC)
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Posted By Crim
Definitely reportable if over three days away from normal work.

You would also need to investigate whether a manual handling assessment was made and what training he has received relating to the work involved.

This could be the thin end of the wedge in your quest to better your health and safety culture.

Nice one!
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#5 Posted : 07 December 2007 12:08:00(UTC)
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Posted By JimE
I may even enlist the MD's wife in persuading him to back up health & safety issues more :)
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#6 Posted : 07 December 2007 12:18:00(UTC)
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Posted By holmezy
Jim

here's a challenge for a Friday...

re your MD, if he is so disparaging about workplace injuries, people having time off, h+s etc then try and use this to your advantage!!

Its a workplace injury so needs to be reported internally. If he's off for more than 3 days it requires reporting via RIDDOR. If he is a bit stingy with the amount of sick pay he pays to his employees, then suggest to him that he needs to go to his GP to get a note "signing" him off. Its not acceptable for an osteopath to sign him off and would not entitle him to SSP. Ideally he should be referred to one via his GP. If you have occupational health, then suggest that you don't agree with the GP and would like a second opinion. Your Occy Health decision would, if different from the GP would "generally" overule the GP and would also offer advice on extra manual handling training, limit the amount he can lift, posture, drink less, smoke less, eat less, excercise more etc, etc. He would also need a higher degree of supervision when he returned, so keep a close eye on him. Has he been absent on previous occasions, if so suggest that HR have a word with him, perhaps start disciplinary proceedures.

It might raise his understanding and may soften his approach to others.

Depending on his reaction and your relationship with him, you might need to check the "situations vacant" column this weekend!!

Soon be beer time

Holmezy
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#7 Posted : 07 December 2007 12:18:00(UTC)
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Posted By TK
You have a great opportunity there to reshape your MD's thinking. I'd highlight to him the importance of heath and safety be it MH training, cost of accidents etc.

Thomas

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#8 Posted : 07 December 2007 12:28:00(UTC)
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Posted By JimE
Mmmmmm!Beer :)
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#9 Posted : 07 December 2007 14:28:00(UTC)
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Posted By Bob Youel

Check to see if your MD is also an employee of the company as there are differing status situations with regards to being an employee and / or an MD at the same time; as unless the particulars of RIDDOR / Social Security etc law are met then a loss report may not be needed

Irrespective of any legal reporting situations the cost [£] to the company because the MD cannot function properly will influence the person more than anything else; so work it out!
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#10 Posted : 07 December 2007 15:24:00(UTC)
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Posted By garyh
Just being a touch pedantic, it's not reportable if he is OFF or unable to.... etc for more than three days, it's days he COULD have worked, of course.

As others have said, treat him as any other employee.

However............if the injury was co-incidental to picking up a light object (eg he had a bad back which could go at any time) then you might reconsider.

By the way I have been a senior manager in the past; I am gobsmacked that the MD (the MD!!) was buying stock for the tuck shop!! Didn't he have better things to do?? Is this a Friday windup?
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#11 Posted : 07 December 2007 16:05:00(UTC)
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Posted By Crim
and remember that every day following the injury count, i.e. Fri, Sat, Sun, and if still off on Monday it becomes reportable.
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