What do you think of this scenario?

An operative needs to check oil on plant. This involves going under the plant, normally on a crawler board. IP decides not to use the crawler and instead, on his back, using his feet, pushes himself into postion. IP foot slips, causing a groin strain. The IP is off for >7 days.

RIDDOR does  appear to require formal reporting for certain injuries under certain working conditions. Not all injuries are included in this.

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’).

Types of reportable injuries / incidents include:

Deaths (no)

Specified injuries to workers (no)

Over 7 day injuries to workers (yes)

Injuries to non workers (no)

Reportable occupational diseases (no)

Reportable dangerous occurrences (no)

Reportable gas incidents (no)

The injury does appear not meet the criteria for ‘specified injury’ meaning the HSE do not require a report, but time off exceeds 7 days...

The HSE are clear on this stating for accidents resulting in the over-seven-day incapacitation of a worker, we must notify the enforcing authority (HSE) within 15 days of the incident, using the appropriate online form (F2510).

In relation to RIDDOR, an accident is a separate, identifiable unintended incident, which causes physical injury, importantly, Injuries themselves, e.g ‘feeling a sharp twinge’ or muscle strain, are not considered as accidents under HSE RIDDOR. There must be an identifiable external event that causes the injury, e.g a falling object striking someone or manual handling etc. Cumulative exposures to hazards, which eventually cause injury (e.g repetitive lifting or other movements which can cause strain etc are not classed as ‘accidents’ under RIDDOR.

My team determined that the strain was caused by the IP shuffling on his back – his foot slipped on water while pushing himself along, causing a strain. The IP was not in contact with the plant or any other piece of equipment at the time. There is no other method of doing this check due to design.

I did question the team on this, and while they made a compelling case, I have advised since to err on the side of caution when anything is over 7 days, and report.

Is shuffling along on your back, abeit part of a work process, an indentifiable external event?

Thoughts?

It could be argued that the wet floor was a "condition"

Regulation 2, 2

in these Regulations, any reference to a work-related accident or dangerous occurrence includes an accident or dangerous occurrence attributable to—

(a) the manner of conducting an undertaking;

(b) the plant or substances used for the purposes of an undertaking; or

(c) the condition of the premises used for the purposes of an undertaking or any part of them.