Hi all

I’ve already made a call on whether to RIDDOR report this incident, but just throwing it out there to see how others would interpret this one:

Employee (driver) arrives to work on the 17th after a week on sick with a bad back (with unfit to work note from Doctors), he retrospectively fills in an accident report form claiming that the back injury was caused on the 10th by lifting our equipment on a customer’s site, he also states on the accident form that he reported the problem with his bad back to his Manager but was told to get on with the job regardless.

A meeting with the IP reveals that the back condition was pre-existing as he had approached another Manager on the 7th for assistance with the task due to his bad back, the Manager duly contacted the customer and requested that manpower be available to assist, which they were happy to provide (as it turns out the customer did not provide any assistance, but were not asked by the IP whilst he was in attendance).

The IP during the meeting changed tact and then claimed the injury occurred the week previous at another customer site during the course of his daily routine: no date / time given, no accident report filed and the customer not aware of the alleged incident.

Further questions had the IP admit that the claim on the accident report regarding the Manager forcing him to complete the task were unfounded, and that he had merely assumed that he would be forced to complete the task.

So, now I have an alleged accident with no details, that was not reported and not mentioned until two weeks after the event, an injury that was reported but didn’t happen, and an accident report form that was filed with a potentially damaging comment which was discredited and has now been retracted by the IP.

There is an internal investigation underway on this one but I have made the call based on the evidence I have not to RIDDOR report, however I may make a submission at a later date if new evidence comes to light to back up the accident claim.

So, in this scenario what would you good folk do?

I'd do exactly as you've done, Alan, and for the reasons explained by Xavier. This includes keeping an open mind (as you've done) regarding the possibility that even an unreliable IP like this may actually turn out to have had an accident needing reported.

I reported one once where the original story was found to be untrue. Turned out the IP had concocted something he had been led to believe would give him a better claim, when in actual fact what really happened was far more clearly the employer's responsibility (not that this affected the need to report).

Noting the multiple aetiology of back pain I am of the opinion that Riddor is an inadequate tool , as it a traditional safety approach. I suggest that an epidemiological approach similar to the HSE,s management standards is more beneficial. Any one wanting further information and help please private message me.

From the information given there was:

No evidence that the injury was work related

No evidence that it even happened at work

Not reported if it did happen at work

No evidence that there is even an injury

No need to report to HSE