Rank: Forum user
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Member of staff losses temper when moving some boxes, punches a wall, resulting in broken hand? Manual handling training is in place and up to date. CCTV footage shows the employee punching the wall.
Reportable or not?
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Rank: Super forum user
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Morrison102 wrote:Member of staff losses temper when moving some boxes, punches a wall, resulting in broken hand? Manual handling training is in place and up to date. CCTV footage shows the employee punching the wall.
Reportable or not?
Oh lord, I would, it happended in the workplace and was cause by work related stress.
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Rank: Super forum user
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Is this a joke?
Punching the wall is hardly a workplace activity...suggest boxing gloves are provided.
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Rank: Super forum user
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Very tricky.
Personally I do not think I would report initially however there are issues about supervision or lack of it, the person's mental health, the root cause of the why this happened.
So I would wait for the result of the initial investigation before reporting or not.
When you have the initial result you can make your assessment and report if required at the earliest opportunity having had to wait for the investigation result.
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Rank: Guest
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No disrespect to anyone but I am wondering why there seems to be repeated posts if an incident / accident is reportable or not? It seems to me there is a lack of understanding / confusion about RIDDOR. I think I am correct in saying acts of deliberate self harm which, this clearly was, are not considered 'accidents' and are not RIDDOR reportable.
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Rank: Guest
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I don't normally reply to RIDDOR cases as my normal opinion is if in work no matter what the circumstances then its reportable...... However come on... It is not an accident, he deliberately punched a wall what outcome did he expect??
So in my opinion, not an accident not reportable and as my mum told me many, many times "self inflicted injury"
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Rank: Super forum user
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Rank: Super forum user
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Am I missing the point here?
He was at work, was doing an activity that he got annoyed with, and lashed out, just so happened to be with a wall and that he got injured.
Had the task been assessed? Is it repetative, mundane, lone working, other external personal issues affecting his working life etc.
I would report it, it happened at work.
And I understand it was not as a result of his activity directly, but was agravated by the task.
Is he or has he been out of his normal duties for more that 3 days?
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Rank: Super forum user
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Morrison102 wrote:Member of staff losses temper...
Do we know why he lost his temper?
Perhaps a little more info may help.
Thanks
Andy
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Rank: Forum user
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I personally would report it as an injury that happended at work purely for a 'paper trail record'. As a previous post suggests, there could be an underlying work related cause as to why he punched a wall. Should he make a claim in the future for any reason, you may be asked if this injury was reported correctly.
If the report is not necessary, then the 'RIDDOR people' will reject it... no harm done.
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Rank: Super forum user
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I would log this as an incident, which is not reportable, follow company procedure, disciplinary etc
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Rank: Super forum user
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I don't believe this is reportable. Do not have the new RIDDOR guidance book yet, but cannot see this will have changed.
The guidance on act's of physical violence are very clear. It has to be 'Non-consensual" for a start so and arise out of the work activity. This fails for me on both counts. Agree with investigating to see why, stress may be an issue but not reportable.
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Rank: Forum user
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I'm in with Fletcher on this; Root Cause Analysis investigation is the first step, during those elements you would definitely (even if eventually) be drawn to the actual punching of the wall, but why punch the wall? So many tangents open up, and the events leading up to the incident must be looked at too, to determine the "escalation period" to the point of punch, as it were; critical post event time should not be missed either, the offender (can I call him that?) will often be reflective as they cool down, treated with respect and dignity this is a crucial data recovery period.
Personal reasons, such as attempting to draw cash from the bank and finding nil available, professional reasons, exam results for that promotion not as expected.
Work related reasons, poor Manual Handling Lifting & Moving procedures (suitable & sufficient RA, inadequate controls/lifting aids/training) contribute to make the task thoroughly inefficient and possibly unpleasant. Lots to look at, and certainly more than just checking documentation and training records. If there can be proved, work related issues, whether stress in the work place or poor practise/control/supervision etc then technically it is a work related incident.
Defining the agreeable distinction between "work related" and "personal issues" is the task within the Root cause Analysis.
Such fun though eh?
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Rank: Super forum user
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What would the two plumbers say?
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Rank: Super forum user
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GTM - for the purpose of stimulating the debate - are you suggesting then for example - if the employee has concerns over elements of his training, his reaction it to vent his frustration by punching the wall injuring himself - this would then be a notifiable matter?
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Rank: Forum user
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DP - No, not at all; the "reason" why he punched the wall will invariably have one or more attributable factors, the skill of the assessment is determine what those factors are. In detailing those factors you will reach a point where a decision is required (reportable or not) and work related stress actions/reactions are very much more in the spotlight these days.
An assessor could determine (subjective) that it is reportable where a connection is proven.
Another assessor could determine (also subjective) that there is no "reason" for punching the wall, this conduct is not acceptable under any conditon/s.
RIDDOR will happily accept reports and de-escalate where they feel the report was inappropriate, prudent to report in the first place would be their stance, it is their stance, one of my reports was de-escalated.
I have to say, I think that if it were I assessing, I would be more inclined to acknowledge contributory factors whilst declining to find RIDDOR applicability, I do not find punching a wall acceptable behaviour, I think that it would breech workplace conduct protocols, I also acknowledge the psychology inherent in work place stress and the moves to have that identified.
Once acknowledged and identified, the employer can be guided towards putting in place measures to assess and control, to de-escalate situations, to help the workforce identify stress conditions and how to deal with them; this is huge in America at the moment, and definitely heading our way.
Happy to discuss it though; it's good to talk.
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Rank: Forum user
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Never mind reporting this to the HSE, the Police should be informed violence at work is unacceptable next time it may not be the wall this Individual lashes out at !
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Velonti non fit injuria ?
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Rank: Forum user
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Sorry meant to expand: if this comes to a claim as was mentioned earlier and of course sect 7
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Rank: New forum user
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Rank: Forum user
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Lawlee45239 wrote:Am I missing the point here?
To be blunt, yes.
RIDDOR requires the injury to have arisen from an "accident". This was a deliberate act of punching a wall and, therefore cannot be defined as an accident in any way whatsoever. If he had punched someone else, then that would be reportable as a result of the definition given in Reg 2(1)(a).
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Rank: New forum user
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This is from Q and A section on the HSE website concerning RIDDOR.
Q Do I need to report suicide and self-harm?
A No. Suicides and cases of self-harm (except on a relevant transport system such as a railway) are not reportable as there is no accident from which the death or injury results.
Local/internal reporting yes, RIDDOR no.
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Rank: Forum user
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If I took the time out time to carry out the root cause analysis, etc that is suggested for this type of incident (in preference to my other current priorities and day-to-day work), my manager would punch me !
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Rank: Forum user
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Injured while committing an act of vandalism = not RIDDOR (Unless for some bizarre reason punching walls is part of the job you pay him to do).
Yes, he punched the wall because he was frustrated at a workplace activity - but we all get frustrated at work sometimes and we don't go round punching things. I would be finding out why he got so stressed - as others have suggested, poor training for the task? Equipment failure? Perceived management failings? But on the evidence presented, the disconnect between the work activity and the mechanism of injury is too great for this to be RIDDOR.
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