Rank: Forum user
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Hello,
I can't see anything in the guidance to suggest that this is the case (hope I haven't missed it!) but just wanted to double to check with you guys to confirm your agreement...
If a person was injured at work and took two days off, then came back to work for a day, then said that they weren't feeling 100% and took 2 more days off, there is no requirement to report that under RIDDOR, based on the cumulative total days taken off work...
Thanks.
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Rank: Forum user
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By the way, I do know how to spell cumulative so ignore the typo in the heading. Very annoying...
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Rank: Super forum user
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I guess the key question is whether the IP was unable to carry out their full range of duties on the day they came back (notwithstanding the fact that they did not feel 100%).
It is a matter for you, as you have the full details, but on the face of it it looks reportable to me.
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Rank: Forum user
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Yes he was seemingly fine on the day that he returned to work, nothing was mentioned and there were no restricted duties.
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Rank: Super forum user
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The key word is 'consecutive'. If the secoind spell of two days was the end of it, and the day in between wasn't affected, then it's not reportable.
Does beg questions about either that day in between or the second absence of two days, though.
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Rank: Forum user
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Though the Regulations don't allow for this type of scenario I am sure that this is quite a common situation.
Though the absence period was not completly consecutive the reason for the second absence was due to the initial injury following the accident so I would err on the side of caution and report this.
No-one gets fined for 'over' reporting but you can be fined if you fail to report.
The other option would be to contact your enforcing authority and discuss this with them, they are the experts and who would initiate legal action if you were in the wrong.
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Rank: Super forum user
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Lisa Boulton wrote: No-one gets fined for 'over' reporting but you can be fined if you fail to report. quote]
At the risk of being called pedantic, and for clarification; an employer may well be prosecuted for failing to report, but as for the imposition of fines (and other disposals), that is a matter for the Courts.
This sort of thing often crops up when talking about powers of inspectors, where people are often under the misapprehension that they can impose fines and terms of imprisonment.
Fines for breaching RIDDOR between 2007 and 2011 ranged between £250.00 and £13.500.00 (Ouch!!)
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