Rank: Guest
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We have recently identified a Doctor confirmed case of HAVS with a recommendation to report this.
Having reviewed Schedule 3 of the RIDDOR Regulations, my interpretation is that this particular case is not reportable due to not falling under the activities detailed in column 2.
The activity is Gully Cleaning with a vacuum boom and minor high pressure water jetting.
Does anyone have any experience, comment or other interpretation of this schedule.
Thanks in advance.
Jerry
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Rank: Super forum user
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If it isn't in the Schedules, then it isn't reportable. Depending on who the Doctor is, it might not even be HAVS. Occ.Health testing is very subjective - diagnosis can be reversed!
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Rank: Forum user
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Previously we had a large number of personnel identified with having HAV's. This was caused by jack hammers in the highways maintenance industry. After liasing with the Occ Health Inspector it was made clear to me that it is of importance to record the number of cases of the disease; ultimately allowing the HSE to set strategy or look at solutions. I personally dont see any harm in reporting it, and it may be that positive controls may come if a visit is made by the HSE. I think they would rather have over reporting than under, despite the schedule. It may be that the operative has a historical issue and developed HAV's because of past employment.
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Rank: Forum user
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Just noted this thread. Hope this helps, although a little late for timescales under RIDDOR.
Para 94, 250 & 319 from the guidance to the Control of Vibration at Work Regulations 2005 (Hand Arm Vibration) provide clarification, although reference RIDDOR 95 (Extracts from Schedule 3, Part 1: Occupational diseases, which would have been the 2nd Edition 1999.
94 - The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
1995 (RIDDOR) require employers to report to the enforcing authority any
diagnosed cases of hand-arm vibration syndrome (HAVS) arising from certain
work activities.11 If your business involves any of these activities (see the list in
Appendix l), all of which are known to be associated with HAVS, you should
assume you have a potential problem with vibration and that a programme of
control measures and health surveillance may be required.
250 - The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
1995 (RIDDOR) place a duty on you as an employer to report any cases of HAVS
arising from certain work activities or of carpal tunnel syndrome associated with
exposure to vibration. The duty comes into effect when you receive a formal
written diagnosis from a doctor confirming that the employee has either of these
conditions and that there is reason to believe that the disease is likely to have an
occupational origin. Before reporting HAVS to the Incident Contact Centre
(Tel: 0845 300 9923 or website www.riddor.gov.uk), you should check that the
employee is currently doing a job involving one of the specific activities listed in
Schedule 3 of RIDDOR (see Appendix 1). You are also required to keep details of
any report you make for at least three years.
319 - When cases of the occupational diseases, HAVS and carpal tunnel syndrome
in association with vibration are diagnosed by a doctor, they should be reported
by the employer in accordance with regulation 5 and Schedule 3 of the Reporting
of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995.
Guidance to RIDDOR 95 (4th edition published 2012) still includes HAVS as an Occupational Disease in Schedule 3, Part 1. Colum 2 of Schedule 3 for HAVS states as follows;
Workers whose hands are regularly exposed to high vibration, for example in industries where vibratory tools and machines are used, may suffer from several kinds of injury to the hands and arm including impaired blood circulation and damage to the nerves and muscles. The injuries collectivelyare known as ‘hand-arm vibration syndrome’. Other names used in industry include vibration white finger, dead finger, dead hand and white finger. The severity of the vascular and neurological effects is indicated using an agreed classification system, the Stockholm Workshop Scales. More information on this and HAVS is contained in HSE guidance Hand-arm vibration.10 Collectively are known as ‘hand-arm vibration syndrome’. Other names used in industry include vibration white finger, dead finger, dead hand and white finger. The severity of the vascular and neurological effects is indicated using an agreed classification system, the Stockholm Workshop Scales. More information on this and HAVS is contained in HSE guidance Hand-arm vibration.
In summary the case should be notified under RIDDOR to the Incident Contact Centre. In addition a review of the relevant risk assessment and management controls for HAVS should be conducted
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