Rank: New forum user
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All,
An vehicle accident happens in a workplace towards the end of a shift, day 1 (only the driver and vehicle are involved and there are no physical injuries).
The operative is however, quite shaken but, returns to work the following day, to assist with the investigation etc (Day 2).
Day 3, the operative visits his Doctor, still shaken and is given a sick note for a period of 14 days.
Having viewed the HSE website, I can't find any definitive info. Hence the question, reportable or not?
All thoughts and comments are appreciated.
Tony Mc
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Rank: Super forum user
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Rank: Super forum user
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Assuming you are in UK, how can a doctor issue a sick note - it's supposed to be a fit note! Difficult to see how the doctor knows they will be unable to do anything at work for 14 days?
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Rank: Forum user
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Unable to do any work for a 14 day period as a result of a work related incident then should be assumed it is reportable.
Although I fail to understand how badly shaken someone has to be before they're 'signed off' for 14 days!!
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Rank: New forum user
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As the operative (employee) has sought medical attention and is now (based on the information provided) unable to carry out his/her normal duties and you have now gone beyond the 3 day period. I believe this would be reportable.
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Rank: Super forum user
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Ed:
My thoughts are no - see link from my previous post. I would check with the RIDDOR helpline peolpe mind :)
http://www.hse.gov.uk/lau/lacs/88-2.htm
Quote:
"12 Only physical injuries which result from acts of non-consensual violence to workers qualify as accidents for the purposes of RIDDOR 95. Accidents to non-workers and absence from work due to causes that are not physical, eg illness resulting from verbal abuse, or psychological conditions arising from physical assault, are not reportable."
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Rank: New forum user
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All,
thanks for the responses and it's clear that there is definately a dichotomy with regard to this 'set of circumstances'.
However, I'm inclined to agree with teh boy on this one.
Once again, thanks.
Tony Mc
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Rank: Forum user
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I would report it anyway.
Les
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Rank: Super forum user
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Methinks teh boy is quoting text out of context only intended to relate to acts of violence.
From what's been related thus far, I'm not yet convinced that this "injury" arose out of or in connection with work?
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Rank: Super forum user
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ron hunter wrote:Methinks teh boy is quoting text out of context only intended to relate to acts of violence.
From what's been related thus far, I'm not yet convinced that this "injury" arose out of or in connection with work?
:) - Thanks Ron,
I'm glad someone actually read it... Hence my quote "check with the reporting help line"
On the linked post I did point out it was abit off topic, but it's the closet I could find to an answer.
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Rank: Super forum user
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I am afraid that until "stress" in its various manifestations is made reportable (which it currently is NOT), I would not report it as a RIDDOR as the accident did not manifest a physical injury. I would however, record/investigate it internally, including the justification for it not being RIDDOR Reportable.
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Rank: Super forum user
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In my last employment we had an accident within our site where one van driver stopped at a crossing and another van driver ran into the back of him. I rang the HSE helpline because the first driver was going to be off work for greater than 3 days due to neck/back injury, only to be told that it was not reportable under RIDDOR because it was a road traffic accident.
I queried this because both drivers were engaged in work activities, at work and on our site but I was told that it was definitely not reportable. I recorded the time of the call and the name of the person who gave me this advice in the accident investigation report as justification why I did not report.
So based on the information given I would say your accident is an RTA so I would not report.
Whether I personally agree with what I was told is a different matter and I would check with the HSE helpline if I were you .
Take Care
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Rank: Super forum user
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Fletcher
Whether we like it or not I think the advice you got from the contact centre was correct, as the "accident" you describe happened on a public road.
I read this incident as happening in a workplace so if whiplash or other injuries had occurred I would have said that this was not a RTA or RTC. However RIDDOR is very specific about how it describes "Injuries" and I would tend to agree with teh-boy that the "ill health" effect here is not covered. Again not saying I agree ethically that this should be the case but I think that is the law.
As Jay an others have also said, still needs a full internal investigation and if you need to check contact the RIDDOR call line.
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Rank: Super forum user
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brian hagyard wrote:Fletcher
to agree with teh-boy that the "ill health" effect here is not covered. Again not saying I agree ethically that this should be the case but I think that is the law.
.
It's an interesting question, at last RIDDOR gets fun :)
I used to work for a plant where no of RIDDORs was used as a performance indicator and linked to bonus (now it's my turn to say I don't ethically agree)
However, this meant if something wasn't legally RIDDOR then it was not reported. So whenever I read, just report it comments my skin goes cold, years of conditioning can change a man....
Is it Friday yet :)
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Rank: Super forum user
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Hang on - that reads wrong :)
It was fully reported and followed up! It was just not reported under RIDDOR now matter how tenuous it might be.
Lawyers were even used to confirm this at times!!!
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Rank: Forum user
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@teh_boy years of coditioning will do that :)
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Rank: New forum user
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I agree with Tony Mc22 and TEH boy - if IP was able to attend on day 2 to 'assist with the investigation etc' surely that does not meet RIDDOR criteria?
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Rank: Super forum user
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Brian,
Believe you misread, the accident I described happened "on-site" as I said, the site is 300 acres of restricted area with no public roads.
And it was still not a RIDDOR because it was an RTA according to the helpline.
Take Care
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