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Posted By Melanie Fellows
Yesterday one of our employees had a fit whilst at work. He was lying down when it started, but the fit caused him to fall down some stairs banging and cutting his head.
He was taken by ambulance to hospital and put on two drips.
He discharged himself at 4 a.m. this morning and walked home.
He then presented himself for work today.
Obviously we did not allow him to start, and I took him for a full medical examination.
The doctor wouldn't sign him back to work as he wants to run more tests tomorrow.
My question is - is this reportable if he's off for more than three days? - I would think not, but would feel better if someone could clarify the situation for me.
Also, any other advise on the matter would be gratefully received.
Thanks,
Mel
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Posted By Robert K Lewis
He reported for work as normal and was suspended from work at your request via a medical practitioner. The person is off on mandatory sick leave and this is not reportable. They will also be exempted from any restrictions on sick pay as you initiated the process for suspension and sick leave not the person involved. The person is now on full pay for as long as is necessary.
Bob
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Posted By Melanie Fellows
I'm not involved in the sick pay side of things, so I don't know.
There could be a problem there though - he only started with us on Monday.
Any thoughts?
Mel
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Posted By Mitch
Melanie,
Was his condition identified as part of your pre-employment procedures, were these breached? On a lighter note what job does/did he do lying down?
Mitch
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Posted By Melanie Fellows
Unfortunately he didn't declare any pre-existing conditions.
He is by trade a blaster (metal grit). We are unsure at this point why he was lying down - he could have been preparing for work underneath where he was, but at this time he doesn't know what happened or why he lay down - we do know that he didn't fall down though.
Mel
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Posted By Gary Malone
Mel,
I note that he did not declare any pre-existing medical conditions.
Excuse my ignorance does your company have a pre-screening questionnaire and or was this completed? And or did the employee fail to disclose on your questionnaire?
Gary
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Posted By Melanie Fellows
He failed to disclose on our questionnaire.
Mel
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Posted By Robert K Lewis
Gary
Totally agree - if he does not ask then the employer cannot complain if the employee does not tell.
Melanie
Pass it back to HR to worry about.
Bob
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Posted By Robert.
Maybe the poor guy wan't even aware of a pre-existing condition.
Why so quick to judge?
HR issue
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Posted By Mitch
Melanie,
Not judging buy assessing the comments so far, agree refer to H&R and also if he suffers form fits I would not let him shotblast, have you ever seen anyone who has been blasted? Not a pretty sight.
Mitch
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Posted By Melanie Fellows
Good call.
But he has fitted in the past (next of kin disclosed this).
However, I don't know the full facts yet.
I'm not on a witch hunt, I only want to clarify whether to report or not!
Mel
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Posted By Zyggy Turek
Melanie,
To answer your specific question, I agree with Bob, it is not reportable.
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Posted By Melanie Fellows
Mitch,
Yes I have - very unpleasant.
He also works at height from a MEWP.
Hence the full medical report etc.
Mel
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Posted By ClaireL
Definately not reportable as having a fit is not work related (unless the work inherently could have triggered the fit).
If he has knowingly not told you he was suffering from this condition or if he himself did not know then there is no liability. Above any beyond that becomes a HR issue, at which point I lose interest!!
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Posted By Melanie Fellows
Beautifully put Claire - Thanks!!!
Mel
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Posted By Ken Dickson
Mel
Please read RIDDOR 3(2) carefully. If the injury was caused at work, even if resultant from a non-occupational medical condition, it will be reportable if the individual is incapacitated from normal work for more than three days. Whether the employee has come to work and been suspended on medical grounds is not particularly relevant here. What is relevant is whether or not the doctor who examined him has stated he is unfit for work because of his injuries, or because he wishes to conduct some tests to determine if he was fit for the employment in the first place, and presumably for continued employment.
At present you should ensure you respond correctly to the incident and that may include a RIDDOR over three day report.
If a relevant medical history was intentionally not disclosed on some pre-employment paperwork you already have firm grounds to dismiss. That may go to a tribunal. On the basis it might, ensure your house is in order.
Ken
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Posted By Zyggy Turek
Ken,
In this case we need to ask a very basic question - what are the HSE/LA's hoping to achieve from RIDDOR reports?
The answer is, & always has been, even in the pre-RIDDOR days of NADOR (I suddenly feel very old!)to try & prevent recurrences & highlight work related accidents.
In this particular case, it appears that the work activity had no bearing on the incident, i.e. an act or omission on the part of the employer, & as such, not reportable.
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Posted By Bill01
Ken can you please clarify.
My understanding of RIDDOR Reg 3 (2) is that the injury has to arise ou of or in connection to work and this case if not connected to work is not reportable even if the individual was off for more than 3 days or at work but unable to do his normal work.
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Posted By Paul Duell
Ken
I've read RIDDOR 3(2) carefully as you suggest. It specifies "out of or in connection with work", so where do you get the non-occupational medical condition bit from?
As others have said, I think that unless the fit was triggered by occupational factors, NOT reportable.
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Posted By ITK
Non reportable.
Not arising out of or in connection with the work activity.
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Posted By Mitch
Melanie,
It would have been quicker to ring HSE and ask or just report it, the nature of the incident will not affect your companies record/stat's.
Mitch
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Posted By Edward H
My reading of Melanies account of the incident implies that the injuries were not caused by the fit, they were caused by him falling down stairs that were part of the work premises and hence are work related.
The initiation of the fall is technically irrelevant; an entirely healthy worker could have mistakenly rolled the wrong way and fell down the same stairs and suffered similar injuries. From the previously posted "what is the purpose of RIDDOR approach" I am sure HSE would have an interest in an incident that might indicate there are deficiencies in the companies pre-employment health screening.
So in my view the key question is: Is his over 3-day absence due to his injuries? or is it due to his general medical condition?"
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Posted By ClaireL
Edward,
He fell down the stairs because he had a fit! Stairs are allowed you know!
I've had enough RIDDORS land on my desk in the past to say that you are wrong, the HSE would not be interested. They have more RIDDORS than they know what to do with. They would look at it and say 'Why has this been reported? This isn't a RIDDOR' and promptly give it back to admin as 'not for investigation' for filing on the company file.
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Posted By Gary Malone
Mel,
There has been a lot of useful information and a lot of debate regarding this post.
My personal opinion!
Im assuming the IP was undertaking work when he was lying on the ground, the accident happened at work.
It is reportable if he is off over three days so if this happened on monday if he isnt back tomorrow my opinion is that it is reportable.
The issues with the failure to declare the pre-existing health issues (if known) is breach of contract and disciplinary is down to HR.
Any dubiety at all phone the hse incident centre helpline on 0845 345 0055.
I would definitely agree with mitch the individual if suffering from fits / seizures is not fit to undertake shotblasting works.
It certainly requires further investigation as to whether the condition was pre-existing?
Gary
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Posted By Gary Malone
My apologies, Friday not Thursday as the accident happened tuesday not monday as I wrongly assumed.
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Posted By ClaireL
Sorry Gary but you are wrong.
He was at work, doing work but the incident was not work related (as said previously, not unless the fit was caused by the work, eg, strobe lighting inducing a fit).
If someone has a heart attack at work it is not reportable and neither is this.
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Posted By Edward Shyer
Hi Mel,
You stated:
“but the fit caused him to fall down some stairs banging and cutting his head.”
How do you know this?
Was he working near the steps as part of a work activity?
You stated:
“He is by trade a blaster (metal grit). We are unsure at this point why he was lying down - he could have been preparing for work underneath where he was, but at this time he doesn't know what happened or why he lay down -we do know that he didn't fall down though.”
Was this person working alone?
Were there any witnesses?
Have you had the chance to talk to the guy again?
Once you have the answers (which should be part of your accident investigation) to these then you should be in a position to decide on whether to report or not.
Regards
Ted
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Posted By Gary Malone
ClaireL
Not wishing to debate in detail but shall reply to "Sorry Gary you are wrong"
All over three day accidents at work are reportable, whether or not an existing contributed or caused the accident.
I know of a scenario where a worker was working on a jig approx 20ft+ in height on the leading edge of an aircraft wing, the individual had a seizure and fell over the barriers and impaled himself on equipment below.
As per your advice I wouldnt report that accident?
Anyway I do not wish to detract from Mels thread I shall watch with anticipation.
I have assumed that the individuall was working when the accident happened.
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Posted By Pete48
You may all wish to visit this HSE link and read down to about halfway down in the section headed "What employee accidents need to be reported" and then under a sub section headed "non-reportable".
http://www.hse.gov.uk/airtransport/riddor.htm
I am sure the simple statement in this guidance document will be repeated in other bits of the HSE guidance. This was just the first I found.
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Posted By Adrian Watson
Dear Garry,
Reg 3(2) States "..., where a person at work is incapacitated for work of a kind which he might reasonably be expected to do,... because of an injury resulting from an accident arising out of or in connection with work ..." This injury is therefore not reportable unless it was caused by work. Furthermore, "three day absence from normal work" is not reportable unless caused by an injury at work.
Regards Adrian Watson
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Posted By Gary Malone
Adrian,
Thank you, I am aware of what the regulations state.
I have clearly stated that I assume that the IP, was working.
(However quite clearly for this specific question by Mel there are a few crucial facts missing, requiring investigation, prior to making a decision as to whether reportable, however on the information to hand and the assumptions that I have stated that have been made, my opinion is as stated)
As for the scenario described a full HSE investigation was undertaken and further action advised.
Gary
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Posted By Mitch
I am now going to go and throw myself down the highest stairs I can find, goodbye cruel world.
M
i
t
c
h
h
h
*
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Posted By Melanie Fellows
Just to fill in a few gaps/ answer some questions;
He was not lone working - our blasters have a "pot man" with them at all times.
The pot man witnessed him lying himself down (and looked after him whilst he was fitting).
The injured man was not actually working at the time (he was preparing for it), which is where a degree of confusion arises as we don't know if he lay down because he knew he was about to fit or if he was checking a position for working purposes.
The man remembers nothing of the incident, and he is adamant that he is fit and healthy to work. The only thing that he has said is that he hadn't eaten at all that day.
The incident wasn't caused by a failure of any equipment (it was all brand new and has since been inspected), plus he wasn't using anything at the time.
He was on a walkway at the top of some stairs, and lay down well away from the them, but the fitting motion caused him to move towards them and down them.
He had a half hour break two hours before the incident. He was only setting up the job - in total only approx. 20 minutes of blasting had been completed that day.
I don't think it is reportable - he wouldn't have fallen down the stairs had he not fitted, and he is not off work due to any injuries, he is off because we do not know what caused the fit and whether it is likely to re-occur, so therefore is not safe to operate any equipment at this time. (But I'll ring to make sure!!!)
Thanks to everyone for their input.
Mel
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Posted By Gary Malone
Mel,
Thanks for filling in some blanks, I note you state that the man hadn't eaten, was the fit a diabetic or epileptic seizure.
Gary
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Posted By Melanie Fellows
Not that we know yet - hopefully we'll find out later today though.
Mel
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Posted By PL
I'm in the "it's not reportable" camp too.
However, whenever I have a query about "should I or shouldn't I???" I phone the RIDDOR helpline. Of the three times I've spoken to them, they advised yes it is once and no it isn't twice.
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Posted By chris1595
Hi,
This might seem a far too simple solution, but why don't you just ring HSE infoline and ask?
c.
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Posted By Mitch
Thank chris(t)1595! I thought it was just me.
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Posted By ClaireL
....because the info line is rubbish, manned by satf who don't seem to know a thing.
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Posted By John Donaldson
Coming in late on this one.
I have to make these sort of judgements every so often. Having over 2500 staff and 10000 students, people are take ill whist on the campus and on occasions suffer injury resulting from that illness.
Unless there is an obvious failure on our part I don’t report them under RIDDOR.
My view on this one is not reportable.
Totally agree with the comment over the HSE Helpdesk and the advise which is often given by the accident reporting centre.
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