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johnr  
#1 Posted : 11 March 2019 10:52:15(UTC)
Rank: New forum user
johnr

We have a rope access technician offshore who fell off a ladder and damaged his rotator cuff and tendons in his wrist.

At the time we, and the client did not know about the injuries. The client stated he was fit to stay on the rig and work on light duties and reported it as a restricted work case.

We were not happy with the medics diagnosis so requested the technician come off for proper checks.

Once we got him off (3 days after the incident) and got him to the hospital we found out the full extent of his injuries and he was advised by the A&E doctor it was down to our descretion if we send him back offshore or not. Due to the type of work and the physical aspect of his work we kept him at home.

The client stated they were happy that he was fit for light duties and wanted him back offshore. As we requested him to come off and the client have stated that he can do light duries it will not be their responsibility to report it as a ROGI incident or record it as a LTI.

Questions for me is:

If an offshore worker is not fit to return to work after 7 days does the 7 days count when he is on his time off.

As he was offshore and the client states we took him off it is our responsibility to record it as a ROGI incident and not the client. Even though their medic got it wrong and the A&E consultant stated he had more serious injuries than originally thought.

Any advice will be greatefully recieved. 

stevedm  
#2 Posted : 11 March 2019 11:45:48(UTC)
Rank: Super forum user
stevedm

I think you are both right....light duties and rest is the first advice in  the treatment of suspected rotor cuff injury...so not wanting to defend the medic but they are pretty limited to what they can do...and it will only show on an MRI/ Ultrasound anyway...the physical exam should be enough...with regard to what you are saying about the client...the nature of the work aside...is there not some supervisory duties he can fulfil short term? How about investigating the route cause and stopping it from happening again...involve him in the accidenmt team...but if you pull him off...then you stand the LTI..

fairlieg  
#3 Posted : 11 March 2019 12:41:23(UTC)
Rank: Forum user
fairlieg

I have had this argument many times and to be honest these days I take the stance reporting by whomever is not an admision of liability.

I would infact prefer to report myself as that way I know what the content of the report is. 

Regardging reportability, would you consider light duties "normal work duties" for this employee?  From the RIDDOR guidance (referenced in the ROGI form

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.

Edited by user 11 March 2019 12:42:00(UTC)  | Reason: Not specified

cheifinspector  
#4 Posted : 11 March 2019 14:40:37(UTC)
Rank: Forum user
cheifinspector

As per section 1 on the ROGI form:

1.0 Who should use this form?

1.1 This form is intended primarily for use by offshore oil and gas installation duty holders with Safety Cases accepted under the 2015 Safety Case Regulations. It should also be used by those who operate within internal waters with safety Case accepted under the 2005 or 2015 Safety Case Regulations, but the parts relating to the EU Implementing Regulation notification apply only to external waters.

 

Regardless of who the injured person works for it is the duty holder who is responsible for submitting the ROGI as the incident happened on their installation. I have had to submit a few ROGI’s in my time and that has involved our own employee’s, contractor employee’s and client ones.

 

With regards to the medic, did he get advice from the Topside Doctor before deciding he was ok for light duties? An incident of this type where there is the potential for a more serious injury should always be discussed with the doctor before a decision is made. This should be known in any subsequent investigation.

 

As for being on his time off, I have been in this situation a couple of times beforehand and regardless of whether he is on his time off or not, if he is unable to work within the 7 day period then it needs to be reported. I also doubt very much that a Rope Access Technician would be able to do light duties on a rig due to the nature of the work. Even supervisory duties require working in the coal face!!!

 

You did the right thing sending him back but it sounds like your client is being unreasonable here and are trying to pass this onto you, perhaps to ensure that their own statistics don’t look so bad!!!

johnr  
#5 Posted : 12 March 2019 08:54:05(UTC)
Rank: New forum user
johnr

Folks

Thanks for your replies.

I agree with all your comments and its just a case keeping our client and the regulator happy.

jwk  
#6 Posted : 12 March 2019 10:36:04(UTC)
Rank: Super forum user
jwk

As always with RIDDOR it helps to ignore HSE's guidance and just look at the actual regs:

'(2) Where any person at work is incapacitated for routine work for more than seven consecutivedays (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work,'

This very clear, 'incapacitated for routine work'. Nothing about actual attendance at work. So in short, yes, it's reportable as others have said, but going back to the regs is the key to this particular question,

John

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