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#1 Posted : 30 April 2008 07:53:00(UTC)
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Posted By N.I
Morning all,

Quick scenario A colleague has an accident at work requiring hospital treatment... the colleague returns from hospital and finishes off the shift... The colleague then calls in work saying that they will not be in work that night... It was the last shift then the colleague is on their 4 days off... Is it now RIDDOR reportable?
Thanks in advance for any help.
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#2 Posted : 30 April 2008 08:13:00(UTC)
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Posted By PhilP
Fastest way to get an answer to the question would be to phone the HSE Caerphilly call centre, and get an answer from the horses mouth.

Phil
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#3 Posted : 30 April 2008 08:36:00(UTC)
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Posted By Jojo
Hi

If the time off is because of the accident that happened in work, then it would be reportable, even though the person came into work in between. Hope that helps.
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#4 Posted : 30 April 2008 08:39:00(UTC)
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Posted By Jojo
Sorry, read it again and realised that you were referring to scheduled time off, rather than 4 days sick. In that case, you will actually need to talk to the person and check if during those four days off, they would have been able to come into work.
If, during the 4 days, they wouldn't have been able to work or fulfil their normal duties because of an injury sustained through work, then it would be reportable. Hope that makes sense.
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#5 Posted : 30 April 2008 08:51:00(UTC)
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Posted By Sarah Darlington
Yes it is - if you read the guidance it states -
An over-three-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 (including any days they wouldn’t normally
be expected to work such as weekends, rest days or holidays) not counting the day of the injury itself.
So I would report it.

Hope this helps, Sarah
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#6 Posted : 30 April 2008 09:20:00(UTC)
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Posted By Heather Collins
I agree with Jojo, you don't have enough information yet to make the decision.

When the person returns to work after their four scheduled days off you must ask them on which day they would have been fit to return to work. If this means they would have had more than three days off not including the day of the accident then it's reportable.

Of course if they don't come back straight away after the four days then it's also reportable.

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#7 Posted : 30 April 2008 09:32:00(UTC)
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Posted By Tabs
N.I. please don't take this the wrong way, I am perfectly happy for you to ask this question, but I am curious having contributed to another thread "RIDDOR ammendent's" (sic).

Did you have access to RIDDOR and the guidance before asking, and found it confusing, or did you ask here without referring to them?

As I said, no issue either way, just wondering as to how it fits in with that thread.

Thanks
Tabs
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#8 Posted : 30 April 2008 09:49:00(UTC)
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Posted By anon1234
I would respectfully suggest that Sarah's response is wrong as it is impossible to determine without talking to the individual concerned and (as others have mentioned)establish whether they would have been able to carry out their full range of duties if they had been scheduled to work during what was their rest period.

The same applies in the scenario of someone who works Monday to Friday. e.g. if they had an accident on Wednesday and didn't actually return to work until Monday, you would need to establish whether they would have been fit to work on the Saturday. If yes then they were only 'off' on the Thursday and Friday (2 days), If no it will be at least 3 days, then ask the the same question for Sunday (if no it will be 4 days).


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#9 Posted : 30 April 2008 10:06:00(UTC)
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Posted By MS
It would be easier to get a copy of RIDDOR 1995 and decide for yourself with the information you have rather than get the opinions of others. They don't have all the facts and may lead you to make the incorrect decision.
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#10 Posted : 30 April 2008 10:20:00(UTC)
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Posted By Heather Collins
I doubt it would help MS. Have you tried reading RIDDOR?

Buying a copy of L75 (the HSE's guidance) might help. Then again it might not - and it costs money...

That's probably why the OP came here to ask a relatively simple question for which (actually) the answer is relatively straightforward.
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#11 Posted : 30 April 2008 10:46:00(UTC)
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Posted By MS
correct, the answer is straight forward but nobody has given it yet.
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#12 Posted : 30 April 2008 11:04:00(UTC)
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Posted By Heather Collins
I have, MS and so have two others.

The OP needs to talk to his employee and find out if they would have come back to work during the rostered off days if they had in fact been rostered on. Then, if this means the absent employee would have had more than 3 days off (not including the day of the accident) it is reportable.

What answer did you have in mind?
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#13 Posted : 30 April 2008 11:36:00(UTC)
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Posted By CFT
Sorry to butt in for a moment Heather, while you wait for a response from MS.

NI

1. If the accident happened to fall into 'major injury' category, the fact that the worker required treatment at Hospital would be fully reportable.

2. If not a major injury then you would need to establish whether the individual would have been absent for 3 days due to the accident rather than scheduled for rest days, as previously suggested by others.

CFT
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#14 Posted : 30 April 2008 12:15:00(UTC)
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Posted By Jay Joshi
I very much doubt that the question is about a Major injury--the list is specific.

Only injuries not specified in the schedule 1, but requiring hospitalisation for more than 24 hours are RIDDOR reprtable.

Therefore, not all "hospital treatment" cases are RIDDOR reportable if the employee after treatment returns on the next day and is able to carry out the same work role.

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.

When calculating 'MORE THAN THREE CONSECUTIVE DAYS' the day of the accident should not be counted, only the period after it.

Any days the injured person would not normally have been expected to work, such as weekends, rest days or holidays, must be included.


Some situations will include days when the injured person would not normally have been expected to work.

Determining whether they would have been unable to do their normal range of duties for 'more than three consecutive days' may therefore involve a degree of judgement.

It may be necessary to ask the injured person if they would have been able to carry out all of their duties if they had been at work
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#15 Posted : 30 April 2008 12:27:00(UTC)
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Posted By MS
quote "I agree with Jojo, you don't have enough information yet to make the decision"

Could he return to normal work duties? If he is back photocopying but would normally drive a fork lift then it is reportable. These are questions that should be answered if we are looking at a more 3 day injury. But the IP could have been unconscious which makes it reportable immediately.

I agree with you, not enough information. Hence my answer.
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