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#1 Posted : 29 December 2008 15:02:00(UTC)
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Posted By Robert_N Hi All, If someone is having treatment for sciatic nerve problem which they did not inform us about but claims to have aggravated it at work and has more then 3 days off does this still class as a RIDDOR? Many thanks
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#2 Posted : 29 December 2008 16:21:00(UTC)
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Posted By Decimomal Stand by for lots of replies. On the information given I would be inclined to say no as it does not appear to be a work related injury and did not arise out of, or in connection with work. It was their duty to inform the employer of the initial problem so that appropriate measures could be taken.
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#3 Posted : 29 December 2008 16:37:00(UTC)
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Posted By ScotsAM I agree with Decimomal here. There is nothing other than the word of the employee here stating that this is an injury caused or arising through work activities.
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#4 Posted : 29 December 2008 16:41:00(UTC)
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Posted By ScotsAM In addition to previous post, Sciatica isn't listed as a reportable disease under schedule 3 arising from the demands of work.
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#5 Posted : 29 December 2008 17:17:00(UTC)
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Posted By Seamus O Sullivan is this caused by a problem in the lower back? perhaps a disc which is putting pressure on a root nerve. if so, is it classed as a back injury? As the alleged injury occured at work I suspect you should report it.
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#6 Posted : 29 December 2008 17:20:00(UTC)
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Posted By Pete48 Are the claims from the employee about the work activity precipitating attacks substantiated by medical opinion or advice. If so, then yes. If not, then no, unless or until those facts have been established. Usual comments about bottoming out the detail and notifying insurers and taking OH advice apply irrespective of whether you report it under RIDDOR or not.
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#7 Posted : 30 December 2008 11:01:00(UTC)
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Posted By Chris Cranberry Hi, Should we have a New Year's resolution that no more RIDDOR discussions are posted? The incident reporting centre has a phone number- they will tell you whether it is or isn't if you are unsure. Pass me another turkey sandwich.
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#8 Posted : 30 December 2008 11:04:00(UTC)
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Posted By Decimomal Mr Cranberry - What a good idea, no more PAT questions either!!
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#9 Posted : 30 December 2008 11:34:00(UTC)
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Posted By Paul Leadbetter Note to Chris Cranberry It is clear from many of the threads on RIDDOR that the Regulations and the guidance confuse many people, even those who think they know what they are talking about. As this is a public forum, we should not be discouraging people from posting their queries. Paul
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#10 Posted : 30 December 2008 11:44:00(UTC)
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Posted By Decimomal You make a valid point Paul, but Chris also makes a good point regarding the confusion, especially when queries produce a myriad of conflicting opinions from others. One would think that the reporting centre would be a logical recourse at the end of the day. Of course the HSE also has a pretty good page on the subject, and a search vis a well known search engine provides additional links.
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#11 Posted : 30 December 2008 16:21:00(UTC)
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Posted By Robert_N So with the last few posted responses in mind, all points that are raised within this forum can be found else where or by phoning the HSE so if one has a question regarding health and safety go to the HSE?
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#12 Posted : 30 December 2008 16:43:00(UTC)
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Posted By Jack I have found the incident reporting centre to be over cautious (aka wrong) tending towards the 'if in doubt, report' approach, when asked anything without an obvious b&w answer. So you might as well just report anyway and cut out the middle man. On the other hand ask the question here and in amongst the 'if in doubt' responses you will get some reasoned arguments and an accurate interpretation. Of course you might not know which is which.
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#13 Posted : 30 December 2008 16:51:00(UTC)
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Posted By Chris Cranberry I agree with Jack. The time spent reading through the differing opinions on this matter, you might as well have reported it or at least contacted them. I guess the only worry is if your company uses RIDDOR reports as a method of assessing H&S performance your results may be skewed.
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#14 Posted : 30 December 2008 17:03:00(UTC)
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Posted By Decimomal Robert, As with the majority of queries on the public forums, you are going to get a wide range of opinions on the differing subjects from a wide range of people (guessing - health and safety practitioners, consultants, safety representatives, trainers, tutors and so on). Personally I tend to look at a range of sources of information, from my well thumbed 'library' of publications, guidance notes, ACOP's etc, past and current study notes, the HSE website and here. Bear in mind that in this forum you are only ever going to get opinions on our interpretation of circumstances and events, and you will be aware of the diverse interpretations that you get! I guess the bottom line is, to answer your question, yes, go the the HSE , after all they are the enforcer. However...... as Jack points out the incident reporting centre staff can be over cautious. I have in the past contacted my local HSE office and spoken to an Inspector when not sure of something. You do have to give them some details but I have never found them to be anything to be worried about. I could go on but it is nearly be time to go home!!
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#15 Posted : 31 December 2008 00:34:00(UTC)
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Posted By Kirsty Davies2 You need to ensure that original condition was not resulted from work. (can be confirmed with employee). If it was not resulted from work, there's no need to report it. (Please also note that sciatic nerve condition is common in over-weight people because of their weight)
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#16 Posted : 31 December 2008 12:19:00(UTC)
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Posted By jayjay Robert, As you previously mentioned at the start, your employee AGGRAVATED it at work which indicates it was a previous illness. Now whether it is an occupational injury only you can find that out by speaking to the person in question.Have they had previous history of back trouble and did they originally do it at work. Look at what work they do and also ask what sort of of hobbies they do in their spare time i.e is the person a prop forward for the local rugby team ( Unless its a lady :-). Do you have access to an occupational health nurse. It's one of those difficult ones where you have to look deeper into it. however if in doubt report it as a RIDDOR and just follow your company procedure and investigate it. Regards, JJ PS A premature Happy New Year to one and all !!
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