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Bill6152  
#1 Posted : 19 October 2015 13:17:20(UTC)
Rank: Forum user
Bill6152

HSE guidance states "In relation to RIDDOR, an accident is a separate, identifiable, unintended incident, which causes physical injury. This specifically includes acts of non-consensual violence to people at work. Injuries themselves, eg ‘feeling a sharp twinge’, are not accidents. There must be an identifiable external event that causes the injury, eg a falling object striking someone. Cumulative exposures to hazards, which eventually cause injury (eg repetitive lifting), are NOT classed as ‘accidents’ under RIDDOR

So my question is, if member of staff lifts a box approx 15kg and say they hurt their back , will be off for over 7 days would you report as a Riddor. MH training is in place and up to date
RayRapp  
#2 Posted : 19 October 2015 14:01:43(UTC)
Rank: Super forum user
RayRapp

Assuming it was not caused by an cumulative exposure but a one-off lifting operation, then the answer is yes, RIDDOR reportable.
Safety Smurf  
#3 Posted : 19 October 2015 14:28:18(UTC)
Rank: Super forum user
Safety Smurf

I'm going to say no because there hasn't been an accident.
Invictus  
#4 Posted : 19 October 2015 14:42:40(UTC)
Rank: Super forum user
Invictus

He's carrying out a work related task, was hurt and off for 7 days I would be in the yes camp.
A Kurdziel  
#5 Posted : 19 October 2015 14:45:45(UTC)
Rank: Super forum user
A Kurdziel

Yes the injury is caused by an identifiable event-lifting the load. If off work for more that seven days it needs to be reported
Safety Smurf  
#6 Posted : 19 October 2015 14:51:58(UTC)
Rank: Super forum user
Safety Smurf

it's highly unlikely that back pain would be caused by one identifiable lift. if the IP had dropped the goods on their foot and couldn't bear weight on it for over 7 days then yes, I would class that as a manual handling RIDDOR.
kenty  
#7 Posted : 19 October 2015 14:57:59(UTC)
Rank: Forum user
kenty

I would beg to differ smurf.

I suffer with reoccuring back pain that can be traced back to a "dodgy" lifting operation many years ago (before i became aware of health and safety). A single lift resulted in approx 2 weeks off work, reintroduced on light duties and ultimately a change of career.
Safety Smurf  
#8 Posted : 19 October 2015 15:45:16(UTC)
Rank: Super forum user
Safety Smurf

I accept that one event is usually the catalyst but it most common for the damage to have been developing gradually over a period of time (and potentially started whilst you were still at school)
SteveForrest  
#9 Posted : 19 October 2015 16:18:26(UTC)
Rank: Forum user
SteveForrest

The incident resulted in an over 3 day LTI, so I would say it is a yes.
RayRapp  
#10 Posted : 19 October 2015 19:02:59(UTC)
Rank: Super forum user
RayRapp

Safety Smurf wrote:
I accept that one event is usually the catalyst but it most common for the damage to have been developing gradually over a period of time (and potentially started whilst you were still at school)


...possibly while you were in a pram. :)
Colossians 1:14  
#11 Posted : 20 October 2015 08:34:23(UTC)
Rank: Forum user
Colossians 1:14

SteveForrest wrote:
The incident resulted in an over 3 day LTI, so I would say it is a yes.


7 day rule applies now!

IMVHO I wouldn't report it as RIDDOR
SteveForrest  
#12 Posted : 20 October 2015 11:35:25(UTC)
Rank: Forum user
SteveForrest

Different RIDDOR rules apply locally.

Still have the 3 day rule.
Invictus  
#13 Posted : 20 October 2015 11:40:25(UTC)
Rank: Super forum user
Invictus

Steve,

locally as in a different country?
westonphil  
#14 Posted : 20 October 2015 11:54:32(UTC)
Rank: Super forum user
westonphil

I'm in the yes camp.

Regards
SteveForrest  
#15 Posted : 20 October 2015 12:28:46(UTC)
Rank: Forum user
SteveForrest

Locally being Guernsey.

Slowly catching up to UK legislation, but it is a slow process.
Xavier123  
#16 Posted : 20 October 2015 13:12:25(UTC)
Rank: Super forum user
Xavier123

Crikey. No. It isn't reportable from your description.

For all the yes answers, please read the OP's quote from the HSE website and tell me where the defined accident is (a prerequisite for reporting).

An injury is not an accident.
Man intentionally lifts box of known weight is not an accident.


This does not mean that manual handling hasn't contributed to his injury...just that it does not meet the qualifications of reportability for RIDDOR.
Invictus  
#17 Posted : 20 October 2015 13:41:48(UTC)
Rank: Super forum user
Invictus

I cannot see were it mentions a 'sharp twinge' but then again I was just scanning it. and besides if you report it and they feel it is not reportable they just delete it anyway, so can't see the fuss.

Bill6152  
#18 Posted : 20 October 2015 13:51:38(UTC)
Rank: Forum user
Bill6152

Its interesting to see differing views. The IP who hurt his back is trained to assess the load before lifting and if beyond his ability either break the load down or get help. Its not case of making a fuss, just getting an idea based on the HSE guidance if you would report or not and its clearly not that obvious ? We don't want to under or over report, we just want to get it right and not the "if in doubt report it" brigade

Invictus  
#19 Posted : 20 October 2015 14:00:14(UTC)
Rank: Super forum user
Invictus

Bill6152 wrote:
Its interesting to see differing views. The IP who hurt his back is trained to assess the load before lifting and if beyond his ability either break the load down or get help. Its not case of making a fuss, just getting an idea based on the HSE guidance if you would report or not and its clearly not that obvious ? We don't want to under or over report, we just want to get it right and not the "if in doubt report it" brigade



If you can tell me what difference it makes if you report or not I will agree! The incident happened due to a work activity which resulted in an accident, because he was actually lifting the item at the time, if the OP said he bent down and felt a twinge prior to engaging in the lifting activity, I would agree that it is not reportable, but he appears to have lifted the item, just because it was only 15kg is not important, it is one of the few regulations were you can take fitness, age, sex etc. into account when assessing and he was off for over 7 days due to the accident.
Kate  
#20 Posted : 20 October 2015 14:03:29(UTC)
Rank: Super forum user
Kate

Due to what accident? I don't see that there was an accident, just an injury.
Invictus  
#21 Posted : 20 October 2015 14:07:14(UTC)
Rank: Super forum user
Invictus

In that case no manual handling tasks are reportable when someone is injured, unless they drop it on thier fingers toes etc.
RayRapp  
#22 Posted : 20 October 2015 14:14:48(UTC)
Rank: Super forum user
RayRapp

It's not about whether it was an accident per se, or whether the IP is trained, or he should have assessed the load...let's see if I can put this one to bed for once and for all.

Definitions from HSE guidance on RIDDOR - http://www.hse.gov.uk/pubns/indg453.pdf

Work-related accidents
For the purposes of RIDDOR, an accident is a separate, identifiable, unintended incident that causes physical injury. This specifically includes acts of non-consensual violence to people at work.

Not all accidents need to be reported, a RIDDOR report is required only when:
*the accident is work-related; and
*it results in an injury of a type which is reportable (as listed under ‘Types of reportable injuries’).

When deciding if the accident that led to the death or injury is work-related, the key issues to consider are whether the accident was related to:
*the way the work was organised, carried out or supervised;
*any machinery, plant, substances or equipment used for work; and
*the condition of the site or premises where the accident happened.
If none of these factors are relevant to the incident, it is likely that a report will not be required.

Another post for my CPD - Lol.

Invictus  
#23 Posted : 20 October 2015 14:17:16(UTC)
Rank: Super forum user
Invictus

Ray and I am using it on my CPD just because I took the time to read and become involved, against my better judgement.
Xavier123  
#24 Posted : 20 October 2015 14:36:45(UTC)
Rank: Super forum user
Xavier123

Invictus wrote:
In that case no manual handling tasks are reportable when someone is injured, unless they drop it on thier fingers toes etc.


Pretty much. If the HSE didn't intend that as an outcome of this guidance quoted above then just what situation(s) do we think this guidance relates to?

Ask yourself this:
If there hadn't been an injury, would you still call it an accident?


However.
Where there is an unintended event such as the box breaking, being overloaded beyond expectation or <insert reason here> then there becomes an identifiable incident that can be said to be the accident that leads to the injury.
Invictus  
#25 Posted : 20 October 2015 14:41:33(UTC)
Rank: Super forum user
Invictus

No I wouldn't because the odds are he wouldn't of said, 'hey I just didn't have an injury then' If the box broke and he didn't get hurt i'd say it was a 'near miss'.

The way health and safety is if no-one goes home being injured in work I say I have done my job and if they do get hurt I say the manager didn't do his.

But I have never heard employees whooping as they go out shouting 'yes I didn't get hurt today' have you?
jodieclark1510  
#26 Posted : 20 October 2015 15:13:01(UTC)
Rank: Super forum user
jodieclark1510

I would undertake a full investigation before concluding whether it is RIDDOR reportable. I don't think a single sentence is enough to make a conclusion as we son't know the full circumstances.
RayRapp  
#27 Posted : 21 October 2015 08:38:54(UTC)
Rank: Super forum user
RayRapp

jodieclark1510 wrote:
I would undertake a full investigation before concluding whether it is RIDDOR reportable. I don't think a single sentence is enough to make a conclusion as we son't know the full circumstances.


Jodie, investigate by all means. However the information from the original posting states - 'if a member of staff lifts a box approx 15kg and say they hurt their back, will be off for over 7 days would you report as a Riddor'.

The answer is yes, whichever way you cut it.
aileenstrowes  
#28 Posted : 21 October 2015 09:10:35(UTC)
Rank: New forum user
aileenstrowes

I would say yes, he's been hurt carrying out a work activity
jodieclark1510  
#29 Posted : 21 October 2015 09:14:31(UTC)
Rank: Super forum user
jodieclark1510

I'm glad you can be so sure. I personally don't think you can conclude on less than 30 words. Its too open to interpretation hence why we have a yes camp and a no camp.
Xavier123  
#30 Posted : 21 October 2015 09:51:31(UTC)
Rank: Super forum user
Xavier123

Invictus wrote:
No I wouldn't because the odds are he wouldn't of said, 'hey I just didn't have an injury then' If the box broke and he didn't get hurt i'd say it was a 'near miss'.

The way health and safety is if no-one goes home being injured in work I say I have done my job and if they do get hurt I say the manager didn't do his.

But I have never heard employees whooping as they go out shouting 'yes I didn't get hurt today' have you?



Lets not move the discussion on to another issue. This is about the super fun subject of RIDDOR.


So if we can agree that it wouldn't be an accident if he didn't get hurt doing the routine task, then what facts have changed that make it an accident if and when he does get hurt?
The injury is the only difference between the two scenarios. An injury is not an accident. The HSE guidance is clear on that. So, where are the other facts/issues that turn this into an accident?
Without them it does not meet the specific qualification of Regulation 4 of RIDDOR for there to have been an accident causing the injury.

Injured? Yes.
Work-related? Yes.
Accident? No.

I'll stop arguing the point now. ;) I promise.
Invictus  
#31 Posted : 21 October 2015 10:56:31(UTC)
Rank: Super forum user
Invictus

Work related
over 7 days
hilary  
#32 Posted : 21 October 2015 11:21:34(UTC)
Rank: Super forum user
hilary

Work related injury for me. Had he not lifted the box, he would not have had the injury, therefore, it was an injury that occurred from a work related activity.

jodieclark1510  
#33 Posted : 21 October 2015 11:55:50(UTC)
Rank: Super forum user
jodieclark1510

But where does it say they were lifting a box as part of their work? they could have been lifting something from their car at lunchtime while running a personal errand. You can't be 100% because it doesn't say it in the post.
Invictus  
#34 Posted : 21 October 2015 12:01:23(UTC)
Rank: Super forum user
Invictus

He talks about training in place, if it was him getting his 15kg lunch out of his car he is either a very big man or has a wife who wants to kill him off.
Invictus  
#35 Posted : 21 October 2015 12:11:00(UTC)
Rank: Super forum user
Invictus

Sorry thought it said his lunch!
jodieclark1510  
#36 Posted : 21 October 2015 12:24:22(UTC)
Rank: Super forum user
jodieclark1510

haha no problem- but as I say its such an open ended scenario I wouldn't be confident to sit on either side of the fence without checking out the facts. If its work related then fine its riddor, and if its not, well then it isn't!
Urlrik  
#37 Posted : 21 October 2015 12:41:58(UTC)
Rank: Forum user
Urlrik

I wonder if one of the reasons this seems such as divisive subject is that, as stated by the OP, there is a specific description of an accident under RIDDOR.

[Quote; In relation to RIDDOR, an accident is a separate, identifiable, unintended incident, which causes physical injury.]

However a more normal description would usually include the work "unexpected".

That subtly changes this scenario. If the IP had a bad back then it could be assumed that this injury could have resulted from lifting this load, therefore it wouldn't be an accident as it should have been expected and was therefore bad management. Ironically this would then make it non reportable as there wasn't a specific incident that had caused the injury.

However if the IP had previously not ever suffered from back problems then it is much more logical to say that this incident caused the injury even as the straw that broke the camels "ahem" back, following previous bad practice and therefore it would become reportable as there was a specific, identifiable incident that, for the sake of argument, was work related.

I am not trying to offer a solution, but more using this as a thought exercise into why RIDDOR threads always seem to bring out disagreements among posters.

Interpretation always becomes more difficult when our conditioned understanding of language changes under certain legislation
Bill6152  
#38 Posted : 21 October 2015 12:58:32(UTC)
Rank: Forum user
Bill6152

Let me give bit more clarity, The person is a delivery driver who loads boxes, tote bins into his van for delivery. He has no history of any back problems and would regularly move these as part of his job. They receive good manual handling and refresher training on how to assesses and lift loads correctly. This is the type of task carried out thousands of times each day by delivery drivers and couriers. The investigation took place as soon as reported. The IP states he assessed the load prior to lifting , lifted correctly but got pain in his back resulting in over 7 days absence
A Kurdziel  
#39 Posted : 21 October 2015 13:31:10(UTC)
Rank: Super forum user
A Kurdziel

This thread leads me to ask several questions:
1. Why the fear of the RIDDOR? Is it because organisations use the number of RIDDORS as a benchmark and the H&S team know if they start reporting them they will get it in the neck? This is despite the fact that to be honest many RIDDORS are really quite trivial and I have come across really serious situations which are not RIDDOR reportable.
2. What is the point of RIDDOR? Why do we have it? Well from what I have been able to gather from the HSE it is to enable the HSE to collect statistics about workplace injuries. They use this to produce their reports and to pass onto the EU bodies for their benchmarking. The HSE accept that there is under reporting and so they also relay on surveys for example from A&E departments, who are supposed to report any work related injuries to them. This is why I think that this injury should be reported: the HSE will be interested in the number of bad backs related to work and it could end up being passed onto the HSE any way via A&E or some other route anyway.
3. Producing a RIDDOR is not an admission of guilt or liability-not a question but a statement. Do people think that a RIDDOR will automatically bring down a visit from the inspectors; it did not in the past but it might now that we have the fee for intervention regime?
The fact that H&S still argue about what is and is not a RIDDOR leads me to think that this is an area for reform so that we have a clear idea of what we are and are not supposed to report.
Mr.Flibble  
#40 Posted : 21 October 2015 16:34:35(UTC)
Rank: Super forum user
Mr.Flibble

IP lifts a box which is in within their capability (15kg would normally fall within this) has been trained and hurts their back. If it is indeed an accident what went wrong other than the IP's body failing them?

I had someone hurt their back the other month picking up 3 packets of pancakes.

I'm in the No camp on these sort of injuries.
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