Rank: Forum user
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Two cases in the last week which I would like some input on: firstly, new starter been with us for a month, we have only just received all his pre-employment medical details and find he has mild VWF in both hands, this is clearly from past employment but do I have a duty under RIDDOR to report.
Secondly, an employee who is diabetic is now off work after advising he has had a severe reaction in his big toe due to a new pair of safety shoes he has been issued with, they are the same make as he has worn previously (we actually had to have them imported from Italy) but has had to spend several days in hospital receiving treatment and is now at home recuperating.
As he claims the company issued PPE caused the problem should I report as an over 3 day injury.
Would appreciate any thoughts.
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Rank: Super forum user
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Case 1 - if his previous employer has reported then no. If this is the first discovery of VWF then I would report.
Case 2 - Certainly report but you will need to get medical advice on the IPs illness and advice on how to help him.
Just my opinion
David
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Rank: Super forum user
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Agreed on Case 2 but I'm not at all sure about Case 1. That injury isn't anything to do with his current work activities and I guess it's not known whether his previous job caused it.
I'd say no on Case 1.
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Rank: Forum user
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contact HSE report line and ask them
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Rank: Super forum user
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Case 1 - no. VWF is only reportable if caused by certain types of work. You are not liable to report if work activity in his current employment with you has not caused it.
Case 2 - yes. Absence from work for more than 3 days arising out of or in connection with work. But make the point on the F2508 about the probable contribution to this from the employee's existing medical condition just so HSE are aware of the full circumstances. I find this makes a visit less likely ;)
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Rank: Forum user
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Received this advice from HSE just after posting:
As an information service, we are only able to provide information that is published in HSE regulations or associated guidance and are therefore unable to comment on specific situations, however the following information may help:
The following information has been taken from the HSE's free leaflet 'RIDDOR 95: information for doctors':
An employer or self-employed person has to report a listed case of disease when:
* it has been diagnosed in writing by a doctor;
* the person concerned is currently employed in an associated work activity.
A report of a case of disease will not necessarily signify that it was caused by work; it will mean that the person affected works in a job where in general the disease is likely to have an occupational origin.
Confirms my thoughts that I should report it if it hasnt already been done so, dont believe the employee was aware he had it.
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Rank: Super forum user
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Is the employee working for you in a job which fits one of the descriptions for work activity given in the schedule to RIDDOR alongside the definition of HAVS then? I assumed from your original posting that this was not the case.
If the answer is no then it is not reportable as "currently employed in an associated work activity" would not apply. If it is yes then as you cannot prove either way where the disease occcured then you should report.
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Rank: Forum user
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Heather, yes employed specifically for work he was doing with previous employer.
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Rank: Super forum user
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Larryl
No1
Report the VWF if advised by an Occ Health Physician. More importantly ask the OHP want should be the restrictions to his future exposure
No2
"an employee who is diabetic is now off work after advising he has had a severe reaction in his big toe due to a new pair of safety shoes he has been issued with, they are the same make as he has worn previously".
There is no evidence that this is a work related condition or injury. No I would not report it but would document the conversations / investigations into this and monitor the situation.
Steve
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Rank: Super forum user
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In that case Larry I would say:
1 - if you have a wriiten diagnosis of VWF from a medical practitioner then yes.
2 - "caused by his PPE" - therefore yes.
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Rank: Super forum user
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Re item 2, is there a diagnosis from a qualified medical practitioner that the condition is caused or aggravated by his work, i.e. by wearing safety shoes, or is this just his opinion? If not a medical diagnosis, then I would say that it is not reportable.
However, that does not mean that you should not be following this up. Diabetes can affect feet, so some form of investigation would appear sensible to establish the real facts. This could then provide some answers as to how to manage the situation.
One question you might consider is: How different were the new shoes to the old ones? If similar, then why should the problem be related to the new shoes?
Chris
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Rank: Forum user
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Chris,
Some thought on the diabetic case. Diabetic nerve damage can also lessen your ability to feel pain, heat, and cold. Loss of feeling = you may not feel a foot injury. The worker’s health also could have degraded since the last time the same shoes were purchased. The new shoes were the same, except that they were not broken in yet, and with his possibly advanced Neuropathy he could not feel the uncomfortable feeling that a normal person felt and injured his foot, with a subsequent infection due to poor circulation ect.
The safety shoes were required, thus work related.
Gray
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Rank: Super forum user
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LARRYL wrote:Received this advice from HSE just after posting:
As an information service, we are only able to provide information that is published in HSE regulations or associated guidance and are therefore unable to comment on specific situations, however the following information may help:
So as I have said many a time, but usually ignored, we can NOT get advice from HSE which is why the forums can be useful.
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Rank: Super forum user
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Reporting of diseases has to have 2 requirements, i.e. a doctor has to notify it AND the affected person has to be carrying out activities (Schedule 3, Part 1 of RIDDOR 95) mentioned in Column 2,.
If the employee's activities in your employment do not include activities in column 2, then you do not have to report it.
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