Rank: Forum user
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Okay its another Riddor question. What do you think?
After a break during their work shift, an employee was walking up stairs to collect cleaning equipment to continue daily duties. On the way up the stairs, they miss footing and fall, causing an injuring and resulting in an absence from work for more than 7 days. The IP was not carrying anything and the view of the stairs was not impeded, the staircase had a handrail which they had held onto at the time, there were no defects to the stairs, no obstructions or spillages, the lighting was good and appropriate footwear was worn.
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Rank: Super forum user
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We get iosh to push a vested interest to re-write RIDDOR and simplify the whole damned thing - clocked on = at work and reportable, clocked off = not at work and not reportable, on the way in to or away from = not at work and not reportable.
Then they can tackle the nightmare of the way laws as acts and regulations are written in such a manner the general population struggle to understand them and lawyers make a fortune from arguing the semantics
Still awaiting what could be the end of the world when a UK legislative document is awarded a crystal mark!
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Rank: Super forum user
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We get iosh to push a vested interest to re-write RIDDOR and simplify the whole damned thing - clocked on = at work and reportable, clocked off = not at work and not reportable, on the way in to or away from = not at work and not reportable.
Then they can tackle the nightmare of the way laws as acts and regulations are written in such a manner the general population struggle to understand them and lawyers make a fortune from arguing the semantics
Still awaiting what could be the end of the world when a UK legislative document is awarded a crystal mark!
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Originally Posted by: Roundtuit  We get iosh to push a vested interest to re-write RIDDOR and simplify the whole damned thing - clocked on = at work and reportable, clocked off = not at work and not reportable, on the way in to or away from = not at work and not reportable.
Then they can tackle the nightmare of the way laws as acts and regulations are written in such a manner the general population struggle to understand them and lawyers make a fortune from arguing the semantics
Still awaiting what could be the end of the world when a UK legislative document is awarded a crystal mark!
So, this question was in connection to a senario provided to me whilst attending a H&S open day in a UKGOV Dept. The onsite 'techical expert' determined it was No (provided that..._
...that there was nothing about the condition and design of the stairs, condition, weather conditions, lighting etc. which contributed to the accident. This is not reportable because, the accident that resulted in the injury did not arise out of, nor was it connected to the work activity.
My personal view isYes. As the injury happened in the workplace en route to collect work equipment to facilitate the work. Am I losing the plot?
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Rank: Super forum user
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At the risk of being shot down in flames, I would not report it. Yes, the injury happened at work but, was it arising out of a work activity...not really. Will the HSE be interested in such a report - no.
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Originally Posted by: RayRapp  At the risk of being shot down in flames, I would not report it. Yes, the injury happened at work but, was it arising out of a work activity...not really. Will the HSE be interested in such a report - no.
I take your point. At work Vs doing work...
Would the interest factor rise if injury was life changing? (not part of the senario).
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Rank: Super forum user
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Should have realised it was a hypothetical question when it was stated the IP had hold of the handrail (from observation very few properly use a handrail on stairs) and seen quite a lot of video refuting IP statements of the same during investigations.
Headline item - over seven day injury.
To the pedantic who will debate white is black and black is white my old boss summed up my previous role in a quaint expression when asked what I did at the company.. "keeps me out of court"
Let the HSE decide after a report has been made, unjustified it will be ignored otherwise your employer is in court for failing to report - and guilty plea discount is likely to disappear.
10 minutes on line versus the fine which is the most cost effective?
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 2 users thanked Roundtuit for this useful post.
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Baron on 06/10/2016(UTC), Baron on 06/10/2016(UTC)
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Rank: Super forum user
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Should have realised it was a hypothetical question when it was stated the IP had hold of the handrail (from observation very few properly use a handrail on stairs) and seen quite a lot of video refuting IP statements of the same during investigations.
Headline item - over seven day injury.
To the pedantic who will debate white is black and black is white my old boss summed up my previous role in a quaint expression when asked what I did at the company.. "keeps me out of court"
Let the HSE decide after a report has been made, unjustified it will be ignored otherwise your employer is in court for failing to report - and guilty plea discount is likely to disappear.
10 minutes on line versus the fine which is the most cost effective?
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 2 users thanked Roundtuit for this useful post.
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Baron on 06/10/2016(UTC), Baron on 06/10/2016(UTC)
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Rank: Forum user
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Originally Posted by: Roundtuit  Should have realised it was a hypothetical question when it was stated the IP had hold of the handrail (from observation very few properly use a handrail on stairs) and seen quite a lot of video refuting IP statements of the same during investigations.
Headline item - over seven day injury.
To the pedantic who will debate white is black and black is white my old boss summed up my previous role in a quaint expression when asked what I did at the company.. "keeps me out of court"
Let the HSE decide after a report has been made, unjustified it will be ignored otherwise your employer is in court for failing to report - and guilty plea discount is likely to disappear.
10 minutes on line versus the fine which is the most cost effective?
When asked to decribe my postion during a 'safety workshop' I stated " turning Senior leadership rhetoric into operational reality" to much applause...
I have not been promoted.
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Rank: Super forum user
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According to the HSE's criteria for reporting of injuries the hypothetical scenario would NOT be reportable pursuant to RIDDOR - see below. Now, if the injured person had been carrying something or the condition of the stairs/handrail was at fault, then it may have been reportable. A person at work could have been using the stairs for a number of reasons i.e. lunch break, toilet break, leaving work and so on, none of these activities are work related. We have still not prevented people from falling over their own feet!
HSE Guidance - What is meant by ‘work-related’?
'RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role:
. the way the work was carried out
. any machinery, plant, substances or equipment used for the work or
. the condition of the site or premises where the accident happened'
http://www.hse.gov.uk/ri...nitions.htm#work-related
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 1 user thanked RayRapp for this useful post.
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Rank: Super forum user
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No, missing your footing is not a RIDDOR there has to be something that the company did or didn't do.
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But to extend this discussion very slightly to a real scenario that occurred on one of my sites a few years ago.....
Employee was leaving work and whilst walking across a well-lit car park to their car, they stumbled and fell, fracturing their elbow! CCTV showed the car park location and so no-where near to the kerb, no pot-holes etc, only acorn debris!!
Reportable, or not?
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Originally Posted by: Rees21880  But to extend this discussion very slightly to a real scenario that occurred on one of my sites a few years ago.....
Employee was leaving work and whilst walking across a well-lit car park to their car, they stumbled and fell, fracturing their elbow! CCTV showed the car park location and so no-where near to the kerb, no pot-holes etc, only acorn debris!!
NOPE!
Reportable, or not?
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NOPE! do know how it ended in the middle of your post.
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Hi Invictus
My opinion, both then and now, was as yours - not reportable. However, the 'incident' escalated internally and resulted in the Head of HSE arguing that it was reportable as it was in the workplace - to this day, I've never seen anyone with such a large neck-vein that almost popped! The subsequent reporting that he did resulted in the Directors losing their annual bonus and the facilities team having to sweep the car park of any other miscreant acorns. H&S image was also tarnished too
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Originally Posted by: Rees21880  to this day, I've never seen anyone with such a large neck-vein that almost popped!
If it had popped and he was off work for more than seven days, would you have reported it?
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Originally Posted by: RayRapp  According to the HSE's criteria for reporting of injuries the hypothetical scenario would NOT be reportable pursuant to RIDDOR - see below. Now, if the injured person had been carrying something or the condition of the stairs/handrail was at fault, then it may have been reportable. A person at work could have been using the stairs for a number of reasons i.e. lunch break, toilet break, leaving work and so on, none of these activities are work related. We have still not prevented people from falling over their own feet!
HSE Guidance - What is meant by ‘work-related’?
'RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role:
. the way the work was carried out
. any machinery, plant, substances or equipment used for the work or
. the condition of the site or premises where the accident happened'
http://www.hse.gov.uk/ri...nitions.htm#work-related
Thanks Ray, I checked the same link yesteday to understand fully the work-related definition. My only moot point is that the individual in the senario was not on a break, but in fact en route to collect work equipment to do the work activity - nevertheless, the tripping on own feet part is valid and not a factor that an employer should be expected to consider. On reflection, i'm more No than Yes, from a technical viewpoint, but would probably err on caution and report (now I can be shot down for wasting HSE time) The latter probably a result of paranoia!
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Originally Posted by: Invictus  Originally Posted by: Rees21880  But to extend this discussion very slightly to a real scenario that occurred on one of my sites a few years ago.....
Employee was leaving work and whilst walking across a well-lit car park to their car, they stumbled and fell, fracturing their elbow! CCTV showed the car park location and so no-where near to the kerb, no pot-holes etc, only acorn debris!!
Has to be No techically, as basically the same as my senario. The confusion comes when folk like the 'Head of HSE' advise otherwise!
NOPE!
Reportable, or not?
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Baron
Fair enough, the HSE will never criticise you for reporting a RIDDOR even it was not required. Which brings me nicely to my next point. It has been mentioned about the HSE prosecuting if an incident should have been reported and it was not. Prosecutions for not reporting RIDDORs is as rare as rocking horse...and assuming the error was made in good faith as opposed to a deliberate attempt to cover up a serious incident - absolutley no chance the HSE will prosecute
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I think parania is the key or at least the worry of not reporting something that should be. The report all doesn't do you or the company any favours nor does under reporting the key is to evaluate all inceidents on merit and look at thye RIDDOR regulations.
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This is not that dissimilar to a recent RIDDOR thread on removing fly tipped waste. I agree with the comment Invictus made, “evaluate all incidents on merit”. Just because you are at work does not make it work related, and for me I like to think of it as “is it task related”. However everyday movements such as moving from one point to another point; picking things up and putting them down, can be either just part everyday life or part of a particular task. So for me I think the separation is if it is required as part of the task. Of course the start and stop points of a task could be debated forever (unless some governing body provides guidance).
Would I say this was part of the task - No, based on what I have been told, did I consider the waste fly tip collection movement – yes. I say from what I have been told, because say we add just one more thing to the scenario: - this is the 200th time that day, that employee has had to climb these stairs and it is only 11am. Could this them be considered part of the way the task was organised and carried out? There are of course other elements you could add that may make the difference (ie being pressurised time wise by the boss).
Would any of these make a difference to your view?
The phrase “work related” has a lot to answer for.
Rays comment of Rocking horse… spot on, but I think we have to do what is right to the best of our knowledge, because that’s what we do isn’t it. Don’t we often act as the company’s conscience.
Yours “Dudley Do Right” AKA Chris
………………………………………………………Please note I put paragraph spaces in and it is not my fault if the website removed them (randomly).
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I wouldn't report this. The phrase in RIDDOR is not 'work related', it is 'arising out of or in connection with work' which is a bit tighter than work related (though it's still very broad). Missing your footing on a normal staircase in good repair when you're not impeded by carrying stuff is not 'arising out of or in connection with work'. At my old place we had somebody fall downstairs and break her ankle, we didn't report it, there was no connection with work. Paragraph 38 of the guidance to RIDDOR explains it all very well,
John
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Originally Posted by: jwk  I wouldn't report this. The phrase in RIDDOR is not 'work related', it is 'arising out of or in connection with work' which is a bit tighter than work related (though it's still very broad). Missing your footing on a normal staircase in good repair when you're not impeded by carrying stuff is not 'arising out of or in connection with work'. At my old place we had somebody fall downstairs and break her ankle, we didn't report it, there was no connection with work. Paragraph 38 of the guidance to RIDDOR explains it all very well,
John
Thanks John. All clear.
I wonder if I would get away with paying folk for the time taken to complete the (actual) activities (within their JD) and not for the effort/travel time etc it takes to get to the equipment or place to carry out the activity! Nonsense of course...However many would argue that the latter is in 'connection' to the work.
Anyway, for RIDDOR, we all agree: Not reportable.
Cheers
Barry.
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Y are being flippant Baron but you raise a fair point. Surely their presence on the staricase/ in the carpark is "work-related" and "in connection with their work".
I know, I know... but it is easy to see why this causes people confusion. Like a previous poster mentioned, it would be nice to see a crystal mark for plain english on legislation such as this
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Apologies I used the same phrase as the HSE in their guidance (below), not the actual legislation.
My point about the task is if the task has not started then general movement related RIDDORs would be down to either the key issue covering site condition or possibly equipment only. But once a task has started the way the work was organised, carried out or even supervised might come into play. For me say making someone go up and down a perfectly good set of stairs 200 times in a few hours could be a factor in the accident happening, and considered to be due to the way it was organised carried out and supervised.
Just my thoughts on the scenario given, is that we were not given potentially all the information we needed or at least we could ask for more info before deciding.
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.
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Reference Ray's rocking horse, 1 @ RIDDOR 1995 conviction in last 5 years.
But........two RIDDOR 2013 this year. Whether this is statistically significant is too early to tell.
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Rank: New forum user
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Hello all,
An employee slips over on a customers site and bangs his knee on a steel beam resulting in a cut which required stitches and was attended to the same day. He has the next day off and then goes on holiday for 2 weeks in the US. He returns to work and works for a further 3 weeks during which time I visited him and observed that his cut was healing well, no bruising. He then does not come into work and complains of a swollen knee ( same one) and his wife brings in a Doctors cert giving 10 days off for "knee injury". Reportable?
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Rank: Super forum user
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Not enough information Steve. First of all, is the GP linking the current knee injury to the incident or not? Even if the GP is, recent posts on this forum suggest that HSE don't want reports if there's a gap of more than a couple of days or so between the incident and the time off, even though in the dim and distant I was advised otherwise.
Also, we have no idea why the person slipped, so even without the time delay, and the questionable link between the incident and the time off, we haven't got the information to make a judgment here. Was the floor damaged or wet? Was it slippery? Was your employee just not paying attention or wearing unsuitable shoes? Too many questions.
So my feeling is not reportable, but I would be prepared to reconsider with more info,
John
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Rank: New forum user
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Thanks for the reply John,
GP has not suggested a link between the two, work area was clean and tidy, dry and sunny day, employee wearing safety boots, does not know how he slipped and says its just one of those things. He was cleaning some flashing from a piece of precast concrete with a bar when he went over.
I guess this is irrelevant for RIDDOR purposes but he has been disgruntled over losing supervisor money as he is no longer a supervisor.
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Rank: Super forum user
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Intrigued as to why he is no longer a supervisor?
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Originally Posted by: peter gotch  Reference Ray's rocking horse, 1 @ RIDDOR 1995 conviction in last 5 years.
But........two RIDDOR 2013 this year. Whether this is statistically significant is too early to tell.
Thanks Peter, perhaps the increase is due to someone at the HSE realising they can prosecute pursuant to RIDDOR after all. :)
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Rank: Super forum user
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Originally Posted by: RayRapp  Originally Posted by: peter gotch  Reference Ray's rocking horse, 1 @ RIDDOR 1995 conviction in last 5 years.
But........two RIDDOR 2013 this year. Whether this is statistically significant is too early to tell.
Thanks Peter, perhaps the increase is due to someone at the HSE realising they can prosecute pursuant to RIDDOR after all. :)
From all the things I have read, prosecution for not reporting RIDDOR only takes place as an addition to a more serious breach of H&S (ie the thing the RIDDOR actually was about). So not wishing to condone breaking the law and not reporting RIDDOR, it makes you wonder why bother at all, regardless of if it meets the criteria or not. Really what would be the downside?
I think RIDDOR has lost its purpose, and the HSE are not really that bothered either. If they were, they would provide better guidance and examples. We have all read and reread that one example about the guy tripping in the car park, over nothing in particular, so many times, we all probably know it off by heart. Not only that we have tried to extrapolate so much from it, it has been analysed to death. The other examples are of no use.
I know my posts make it seem I find a reason to report everything, but I do it to counteract the posts that say not reportable without thinking about it or having all necessary facts. I think RIDDOR is a glass half full / half empty thing. Some people don’t want to report and find the flimsiest of excuses, while others report to be on the safe side. Both equal wrong in my book.
But hay, it gives us something to debate, otherwise we would discuss CDM all the time.
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Rank: Super forum user
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Steve, from what you have said, I stick with not reportable, if that's any help,
John
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