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Roberts22349  
#1 Posted : 08 December 2011 04:31:48(UTC)
Rank: New forum user
Roberts22349

Could anyone please steer me in the right direction with regard to RSI. I currently have an employee who handed me a doctors note which just has RSI on the diagnosis with no causation or suggested actions to take with regard to rehabilitation. RIDDOR states that certain occupational injuries such as chronic cramps is reportable but without a full diagnosis by for instance a physiotherapist i dont feel there is enough detail to report as a RIDDOR, does this sound reasonable? Many thanks
HSSnail  
#2 Posted : 08 December 2011 08:09:58(UTC)
Rank: Super forum user
HSSnail

Roberts Your right this is a tough one - the RSI has to be caused through a work activity in fact we should really call it WRULD (work related upper limb disorder) these days. If the doctor has made no assessment of the cause then how do you know its not caused at home, tennis elbow etc are all forms of RSI. What work tasks does this person undertake? If using VDU have you got a full assessment and have you reviewed this and the equipment. For none vdu repetitive work have you reviewed the activities using the HSE ART tool. You might want to consider seeking the advice from an ergonomic or occupational health specialist about the injury and the work activities to see if there could be a link which make a RIDDOR report more likely.
walker  
#3 Posted : 08 December 2011 08:15:48(UTC)
Rank: Super forum user
walker

I doubt a GP is competent to make such a diagnosis anyway. Like in all walks of life some of them think they know it all ! My understanding is RSI does not technically exist (sort of what Brian is saying) Assuming he really does have a WRULD is there a suspect activity?
Barrie(Badger)Etter  
#4 Posted : 08 December 2011 12:24:41(UTC)
Rank: Super forum user
Barrie(Badger)Etter

From Brians' and Walker comments I'd suggest gaining your employees permision to approach their GP for further info then you should be able to make a better informed judgement whether the 'injury' is true WRULDS or just a minor agrevation. Also check out if there are any home based activities just incase the 'injury' is non work related. But in the end adjustments would still have to be made to allow recovery. Badger
chris.packham  
#5 Posted : 08 December 2011 12:48:15(UTC)
Rank: Super forum user
chris.packham

I would suggest that a diagnosis of RSI from a GP is about as reliable as a diagnosis of allergic contact dermatitis. (The latter without a patch test that few GPs are trained to do is almost completely useless!) This is a task for a specialist in this field. Having recently had some involvement with a specialist in this field it became clear to me just how difficult the diagnosis can be. You say no treatment has been recommended/prescribed. This further emphasized the need for that person to see a specialist. Chris
KieranD  
#6 Posted : 08 December 2011 12:54:15(UTC)
Rank: Super forum user
KieranD

RobertsXXXXX If you are the 'competent' person advising your employer about the health and safety of the employee who has presented the doctor's certificate, there is an enormous volume of valid research you can draw on to decide how to proceed. Should you need a specialist opinion and fail to at least try to get one, you may find yourself responsible for a lengthy expensive problem. On the basis of the information you present, there's no way of knowing the source of the problem, its severity or the basis of the doctor's opinion. However, should the problem escalate and eventually result in legal proceedings, your response at this stage can prove either as effective as possible or the start of a slippery slope. A safety ergonomist - e.g. a CMIOSH who's also a qualified ergonomist - can normally provide an initial written assessment of the extent to which the presenting symptoms are work-related, and if they are, what adaptations if any you need to make, He/she should also be able to indicate the kinds of specialist medical or para-medical remedy the employee needs at this juncture. His/her written opinion could be used as the legal safeguards your employer would need if they have to defend their actions in a claim for damages for personal injury (or in the unlikely event that you neglect or totally mishandle the situation for constructive dismissal).
safetyamateur  
#7 Posted : 08 December 2011 13:08:20(UTC)
Rank: Super forum user
safetyamateur

Just wondering what the injured person says about whether it's work-related. Our self-cert and return to work procedures ask 'Is this a work-related injury/illness?'. If they say 'yes' then I guess the first step is to look at the [I presume DSE] risk assessment, review it in the context of their symptoms and make reasonable adjustments as appropriate; with help from a specialist if necessary. I don't see the need for the employer to go back to the GP. If the reasonable adjustments don't deal with the problem, then it's for the employee to get more information to help the employer help them. Is this harsh?
Canopener  
#8 Posted : 08 December 2011 14:16:17(UTC)
Rank: Super forum user
Canopener

RSI? Does anyone else remember Judge John Prosser?
KieranD  
#9 Posted : 08 December 2011 14:25:02(UTC)
Rank: Super forum user
KieranD

Yes... 'safetyamateur' And court practice has come into the real world since John Prosser pronounced on 'fantasy malingering'. I personally has been an expert witness in cases of RSI in which claimants have negotiated damages of £100K, when the employers failed to present any expert evidence and started their offers at £5K.
safetyamateur  
#10 Posted : 08 December 2011 14:34:58(UTC)
Rank: Super forum user
safetyamateur

Just to clarify, I'm not of the 'never had RSI in the Punjab!' school. Just suggesting what's reasonable under these circumstances (i.e. vagueness/incompetence on the part of the individual's GP). Just because someone hints at a [possibly work-related] problem I don't think we need to start throwing experts at it from the word go.
HSSnail  
#11 Posted : 08 December 2011 14:54:46(UTC)
Rank: Super forum user
HSSnail

canopener yes hence my reference to WRULD. Safetyamateur - absolutely with you hence my comment's about looking at work activities such as vdu use or other repetitive tasks before the expert
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