Rank: Super forum user
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Good morning - please see below information that we have been provided with from our accident management provider - I though I would share this as this very topic has been raised by potters on a few occasions.
at least now if anyone has any concern s there is a point of contact HSE's Advisory Team as they have issued this.
"We have raised a query with the Health and Safety Executive’s Advisory Team regarding the reportability of lost time incidents where the IP did not take any time off immediately following the incident, but may have taken time off or undertaken restricted duties at a later date. On these occasions, by the time we have been made aware that the IP has been off for more than 7 days it is over the 15 day deadline for reportability and potentially this would be a late report, but we have submitted these reports under RIDDOR as the guidance (L73) used to include the following reference:
However there will be cases when the reportable injury or condition resulting from the accident will either be:
A) unrecognisable without a medical examination which is conducted only after some delay; or
B) delayed for some time after the accident
In such cases the notification ( and report) required by Regulation 3(1) should be made as soon as the injury or condition has been confirmed.
Since the introduction of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 the guidance that accompanied the Regulations (known as L73) has been withdrawn but we have continued to make the reports if the period of absence or lighter duties was not immediately following the original incident but could be attributed to a specific incident.
The HSE have now provided us with the following response following our query to them:
Therefore for accidents resulting in the over-seven-day incapacitation of a worker, you must notify the enforcing authority within the 15 days of the incident. Although the responsible person may not know that the incident is reportable until notified that the Injured Person (IP) will be off for more than seven days, it would be expected that through internal accident procedures they are aware of the incident and therefore should know that there is a possibility that it will need reporting.
For the over seven day incapacitation to be reportable the time would start from the day after the incident. If there is a gap between an incident and the start of any incapacitation this would not be reportable as there has been a break in the link between the two.
Going forward please note that we will not be classifying and reporting lost time incidents under RIDDOR where the IP has not taken time off or undertaken lighter or restricted duties immediately following an incident, even if they are off for more than 7 days at a later date."
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Rank: Forum user
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Thanks DP, really helpful clarification.
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Rank: Super forum user
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The whole point of RIDDOR has been lost, even by HSE.
Is was originally to identify trends and allow HSE to target their resources where they were needed.
These weasel words show all they want to do now is have statistics "that show" a reduction in injuries and thus success by HSE. Meaningful statistics have been replaced by damn lies.
We must all be aware of incidents where injury has not been immediately apparent but evidently they no longer count.
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Rank: Forum user
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Weasel words,
see your sat on the fence again Walker.
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Rank: Super forum user
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The HSE Advisory Team e-mail communication to the accident management provider copied below is NOT consistent with the text of the regulation 4(2|and the advice regarding 7-Day incapitation on the HSE website
HSE Advisory Team e-mail communication:-
"Going forward please note that we will not be classifying and reporting lost time incidents under RIDDOR where the IP has not taken time off or undertaken lighter or restricted duties immediately following an incident, even if they are off for more than 7 days at a later date"
My comments:-
Firstly, why would anyone report under RIDDOR if IP had not taken any time off and could continue normal duties and it was not a in the specific list of reportable injuries
Secondly, my understanding is that a person on lighter or restricted duties would not be able to undertake "routine work" , therefore the HSE advice is at odds with text of the regulation!
The text of the regulation 4(2) under Non-fatal injuries to workers is :-
Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident.
Source:- http://www.legislation.g...3/1471/regulation/4/made
Over-seven-day incapacitation of a worker :-
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident
Source:-http://www.hse.gov.uk/riddor/reportable-incidents.htm
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Rank: Forum user
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DP
You indicate the HSE's Advisory Team have issued the guidance (I am not doubting that in anyway) and I note it was in an e-mail form - however are you aware if they have published the guidance anywhere else?
If this is a position statement I would very much like to be able to refer to it when needed, and indeed if questioned by HSE inspectors in our local office. Whilst I have confidence it the info you provide, I am not sure others will view an IOSH discussion board thread as the definitive guidance on the matter.
It is an interesting position and helpful to have it clarified, but I do have some sympathy with Walkers position!
regards
Stuart
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