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
pikachus  
#1 Posted : 06 December 2012 16:29:18(UTC)
Rank: Forum user
pikachus

am looking for some advice please over whether the below would be reported under RIDDOR or not..... a staff member takes a work bag (medical bag) home with them takes it out of the car, leaves it in the house and over the weekend transports the bag back to the car during this time hurts their back and has a month off work - would you class this as RIDDOR reportable. Part of me thinks not as it happened out of work but then part of me thinks it should becuase it happened "in connectoin" with work. thoughts would be appreciated please
holmezy  
#2 Posted : 06 December 2012 18:48:46(UTC)
Rank: Forum user
holmezy

Hi, on the grounds that my wife is required to "take home" medical equipment that she needs for her Monday morning clinic, and that it is her own (private) car, if she injured herself moving the equipment, I would be encouraging her to report it as an injury connected with work, and therefore if she was "off work" as a result of this for over 7 days, I'd consider it reportable,,,,,,,,but thats just my opinion! Holmezy
Zimmy  
#3 Posted : 06 December 2012 20:09:37(UTC)
Rank: Super forum user
Zimmy

If he/she was required to do this as part of the job then yes, report it (as far as I can see). However, had they received manual handling training? Was the operation of transporting the bag risk assessed? I ask this as there may have been twisting with a heavy load (by heavy I mean awkward and relatively heavy due to angle of bending and twisting) Rob
damelcfc  
#4 Posted : 07 December 2012 08:40:52(UTC)
Rank: Super forum user
damelcfc

Not in my opinion. Not on the premises so not your problem. Think about your laptop bag - if you did yourself a wrong turn carrying that to your car, about to set off for work. You are not 'at work', you have not 'clocked in' you have not got to 'work'. Anyone tried to pull that stunt across me I'd laugh them out of the office. Just my opinion (and fact of what I'd do) if anyone else wants to make the tenuous link and fund the holiday in Barbados - good luck - its not the spirit of RIDDOR. Recognise things like this and your open to a world of poo
Juan Carlos Arias  
#5 Posted : 07 December 2012 13:57:42(UTC)
Rank: Forum user
Juan Carlos Arias

Not reportable
Tim2232  
#6 Posted : 09 December 2012 13:00:44(UTC)
Rank: New forum user
Tim2232

I would like to know more about why she removed the items from the boot, if it's procedure or expected, security etc report. If she was making space for shopping maybe not.
damelcfc  
#7 Posted : 10 December 2012 10:37:13(UTC)
Rank: Super forum user
damelcfc

I have no idea why #4 is not showing (nor had an explanation) but the short answer is NO.
chris42  
#8 Posted : 10 December 2012 11:21:34(UTC)
Rank: Super forum user
chris42

Same questions as Tim2232, is it part of their job that they have to take this item home with them, and are they expected to remove it from the car for security reasons and / or not to invite thieves etc. Even if they are removing so they can go shopping in their own personal car, if they are expected to take it home then you have to expect it to be removed. Was it taken home because they were to lazy to take it back to work. However, what size/ weight is this bag, similar to a 8 year old child or a hand held first aid kit. Ie is this item no worse than say a bag of shopping (so no different to everyday out of work activity). I don't think we have enough information to decide, but I think it could be classed as work related, dependant on the above answers.
damelcfc  
#9 Posted : 10 December 2012 15:51:42(UTC)
Rank: Super forum user
damelcfc

*hidden @ #4 - now cleaner ;-) Not in my opinion. Not on the premises so not your problem. Think about your laptop bag - if you did yourself a wrong turn carrying that to your car, about to set off for work. You are not 'at work', you have not 'clocked in' you have not got to 'work'. Anyone tried to pull that stunt across me I'd laugh them out of the office. Just my opinion (and fact of what I'd do) if anyone else wants to make the tenuous link and fund the holiday in Barbados - good luck - its not the spirit of RIDDOR. Start recognising things like this and your open to a world of trouble
damelcfc  
#10 Posted : 10 December 2012 15:53:02(UTC)
Rank: Super forum user
damelcfc

*hidden @ #4 - now cleaner Not in my opinion. Not on the premises so not your problem. Think about your laptop bag - if you did yourself a wrong turn carrying that to your car, about to set off for work. You are not 'at work', you have not 'clocked in' you have not got to 'work'. Anyone tried to pull that stunt across me I'd laugh them out of the office. Just my opinion (and fact of what I'd do) if anyone else wants to make the tenuous link and fund the holiday in Barbados - good luck - its not the spirit of RIDDOR. Start recognising things like this and your open to a world of trouble
chris42  
#11 Posted : 10 December 2012 19:06:37(UTC)
Rank: Super forum user
chris42

Agree about a laptop, but what if the person worked for a landscape gardening company and they had to (directed) take the petrol lawnmower home in their car and put in their garage over the weekend, then reload it Monday morning to go straight to the work site. I would consider that they had not ceased work until the mower was unloaded into their garage, the same as if they had to take it back to a depot and unloaded it. Hence my questions on the bag, was some feature of the bag the main contributor to the injury or was it just due to normal activity of reaching into the boot ?
pikachus  
#12 Posted : 14 December 2012 16:32:58(UTC)
Rank: Forum user
pikachus

thank you all for your responses - the person is required to take their medical bag home as they work in the community, therefore, are required to take it home. The bag does not need to be removed from the car for security purposes - however on this occasion was moved to make way for personal shopping. my thought keeps returning to was it the bag that caused the injury or the shopping bags - how do we prove it wasnt? think i may err on the side of caution and report.
chris42  
#13 Posted : 14 December 2012 17:21:04(UTC)
Rank: Super forum user
chris42

Please don't think I was saying you should report, I was just saying I would want to know more. Interesting that the person moved the bag to their house, hurting their back so much they need a month off work (seems excessive), then proceeds to go shopping with this bad back and load shopping bags in the car. If there was nothing that bad about the bag, I probably would not report it, think about it over the weekend.
jwk  
#14 Posted : 17 December 2012 11:58:39(UTC)
Rank: Super forum user
jwk

damelcfc wrote:
*hidden @ #4 - now cleaner ;-) Not in my opinion. Not on the premises so not your problem. Think about your laptop bag - if you did yourself a wrong turn carrying that to your car, about to set off for work. You are not 'at work', you have not 'clocked in' you have not got to 'work'. Anyone tried to pull that stunt across me I'd laugh them out of the office.
Sorry, but that's a misconception of RIDDOR. The relevant test is 'arising out of work', and that's the 'spirit of RIDDOR'; whate are employers doing (or failing to do) which is causing injury and ill-health? This test has nothing to do with work premises. Other posters are right to question why the IP was bringing the bag home, if she is required to do so because of work, then RIDDOR may well apply, John
damelcfc  
#15 Posted : 18 December 2012 08:32:16(UTC)
Rank: Super forum user
damelcfc

quote=jwk]
damelcfc wrote:
*hidden @ #4 - now cleaner ;-) Not in my opinion. Not on the premises so not your problem. Think about your laptop bag - if you did yourself a wrong turn carrying that to your car, about to set off for work. You are not 'at work', you have not 'clocked in' you have not got to 'work'. Anyone tried to pull that stunt across me I'd laugh them out of the office.
Sorry, but that's a misconception of RIDDOR. The relevant test is 'arising out of work', and that's the 'spirit of RIDDOR'; whate are employers doing (or failing to do) which is causing injury and ill-health? This test has nothing to do with work premises. Other posters are right to question why the IP was bringing the bag home, if she is required to do so because of work, then RIDDOR may well apply, John
I totally disagree John. This is not work. It has absolutely everything to do with where the accident happens. The RTA covers roads for example (not that this is the case here but just saying). This person is not at work or going to work. This is about as close to me doing myself a wrong turn taking off my work shoes (exclusive to my workwear as I'm otherwise a trainers bloke) at the end of the day whilst saying 'hi honey I'm home' If this was reported I'm sure it would get 'filed' accordingly. IMO.
HSSnail  
#16 Posted : 18 December 2012 08:45:30(UTC)
Rank: Super forum user
HSSnail

Sorry damelcfc but I agree with jwk on this one. there are many people out their who do not have a fixed work location (me for 1) so its the work activity not where it occurred that is important for RIDDOR but I also agree we do not have enough information to know if this was a work activity. As others have said why 2was the person taking the bag home? Were they required to do this as part of their job or was it simply something they decided to do.
damelcfc  
#17 Posted : 18 December 2012 09:04:00(UTC)
Rank: Super forum user
damelcfc

quote=Brian Hagyard]Sorry damelcfc but I agree with jwk on this one. there are many people out their who do not have a fixed work location (me for 1) so its the work activity not where it occurred that is important for RIDDOR but I also agree we do not have enough information to know if this was a work activity. As others have said why 2was the person taking the bag home? Were they required to do this as part of their job or was it simply something they decided to do.
Fair enough. I understand your point about homeworkers/location etc - my stance is that this just isn't connected with work (there is a tedious link I grant) - I have to assume the person is not employed as a professional bag carrier and therefore, what they were doing is a task associated with life itself (emptying a boot/crossing a road) and as we all know tasks associated with life itself are ignored. People are trying to make this into a manual handling incident as the basis for reporting. As I say fair enough, there can be an debate either way but you all have my view.
jwk  
#18 Posted : 18 December 2012 11:17:36(UTC)
Rank: Super forum user
jwk

It really isn't about workplaces; it is about incidents arising out of work. I agree that there is a debate about whether or not this was a work activity, and that has everything to do with why she had the bag in the back of her car. If she was taking it home to make her life easier, then it's probably not arising out of work and therefore not reportable. If she has to take the bag home to start her work the next day (or in this case on Monday morning) then she's in just the same position as a delivery driver getting something out of the van, and yes, in that case the Manual Handling Operations Regulations would apply. The RTA only applies to injuries caused by driving; other injuries arising out of work on the public roads do fall under the scope of RIDDOR, John
Tim2232  
#19 Posted : 18 December 2012 21:46:05(UTC)
Rank: New forum user
Tim2232

Interesting discussion, And if it results in a claim, what defences might there be?
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.