Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
safetybod  
#1 Posted : 01 June 2010 11:06:52(UTC)
Rank: Forum user
safetybod

If an employee has had surgery on knee (for example) and when sitting down the knee 'popped out' whilst in work , would this need to be reported as an 'accident?' it is not known at this current stage whether the surgery was previously reported to HR/Management or whether a 'fit for work' assessment had been determined.
Len Fletcher  
#2 Posted : 01 June 2010 11:59:24(UTC)
Rank: New forum user
Len Fletcher

Always worth recording internally as an accident, even if it isn't at this stage RIDDOR reportable - it may become reportable later, it will provide an audit trail should one be required and it will also allow you to record any measures you have taken or are about to take to assist in remedying the situation. You don't say for instance if the person is a DSE user and whether or not an assessment has been made or reviewed in light of the knee 'popping'.
DTJ  
#3 Posted : 01 June 2010 12:19:32(UTC)
Rank: Forum user
DTJ

No not reportable.

Sitting down is classed as a day to day activity and is not part of the working activity.

blodwyn  
#4 Posted : 01 June 2010 13:44:52(UTC)
Rank: Forum user
blodwyn

You do not say if you mean 'RIDDOR' reportable or whether for your own internal purposes.

For the former it would be reportable if it takes them from work for more than the 3 days or you have to change their work activity. For the latter I would certainly put it in the book as I am sure your first aiders attended and it is good practice to record what they have done.

No matter what occurred if an accident happens at work and takes the employee off for 3 days or more ( and I dont recall sitting down being exempt from the regualtions) or results in a a defined injury it is RIDDOR reportable.

These things are always going to be very debateable - damned if you do and damned if you dont - but you need good documentation of how it happened - the 'popping out', the information relating to surgery (I'm sure you will have sick notes) and the return to work assessment you will have done because it may not bite you from the HSE point of view but an unscrupulous employee could say that they did not have sufficient adjustments made to their work activity and try to take a civil claim!!!!
phow  
#5 Posted : 01 June 2010 15:25:05(UTC)
Rank: Forum user
phow

Dear Bod
This is a "pre-existing medical condition", so while it could be noted in the First aid book for the record , it is NOT Reportable as an injury at work.
If someone collapses at work with diabeties or epilepsy fit, monthly period etc you don't report it to the HSE .
If you have contact with an Occy Health service, this will be easily agreed.
regards
Peter
Steve Sedgwick  
#6 Posted : 01 June 2010 19:38:27(UTC)
Rank: Super forum user
Steve Sedgwick

The injury that Safetybod describes is not a work related injury, as Peter says, its a "pre-existing condition".

Not reportable under RIDDOR and should not be entered in the internal system.

Do investigate though and document the event
Steve
DTJ  
#7 Posted : 02 June 2010 10:25:42(UTC)
Rank: Forum user
DTJ

"No matter what occurred if an accident happens at work and takes the employee off for 3 days or more ( and I dont recall sitting down being exempt from the regualtions) or results in a a defined injury it is RIDDOR reportable"

I believe your wrong, now if it popped as the employee was picking up a box or completing a task, then yes reportable(over 3 day off), but if its a pre-existing condition the employee should not undertaking these tasks anyway.

If somebody tripped over their shoe lace would you report that cause it was in the office.

DTJ
Clairel  
#8 Posted : 02 June 2010 10:38:09(UTC)
Rank: Super forum user
Clairel

I agree with DTJ that Blodwyn is wrong, you don't have to report any injury that occurs at work, it has to be work related (heart attacks aren't reportable for example). It was a pre-existing injury and sitting down or standing up from a chair is not a work related activity, so it's not reportable.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.