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CptBeaky  
#1 Posted : 23 April 2019 12:16:53(UTC)
Rank: Forum user
CptBeaky

I have a worker that went home early due to a known personal issue on a Monday. They didn't come back to work on Tuesday and made no contact. On Wednesday they returned, but had to leave early again, for the same personal reason. They then asked if they could take the rest of the week of as holiday, and maybe some of the following week. This was denied as it was School holidays and we are always a little short of workers. They was told that they have to give more notice, as per the Employees Handbook.

On Thursday they delivered a medical note from his GP signing them off work for two weks with Tendonitis of the forearm, back dated to Tuesday. We know they were not off on the Tuesday or Wednesday with arm problems. We also have no record of them ever complaining of arm trouble before. They has never worn any arm supports. Their job does not require any excess stress to their arms.

First thing is do I still report this to RIDDOR?

  • Tendonitis or tenosynovitis: in the hand or forearm, where the person’s work is physically demanding and involves frequent, repetitive movement

I don't believe we should as the person's work does not involve frequent, repetitive movements. It does require the use of air tools, but infrequently and for only short periods at a time (less than 5 minutes per hour).

Secondly would you take this further? We know the medical report is wrong. We have already had them sign a back to work interview for the Monday and Tuesday for something completely different. Is this something you would take up with OH?

Hsquared14  
#2 Posted : 23 April 2019 15:21:18(UTC)
Rank: Super forum user
Hsquared14

I would leave this one entirely up to HR, it isn't a Health and Safety matter and I wouldn't report at this point as you need to have the results of the investigation by HR.  Getting involved in this at this stage is likely only to cloud the issue.

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CptBeaky on 24/04/2019(UTC)
hilary  
#3 Posted : 24 April 2019 07:20:11(UTC)
Rank: Super forum user
hilary

If the doctor has said that they have tendonitis AND their work is physically demanding and involves frequent repetitive movement, then you should record it. However, bear in mind that you need to have both the illness and the working practices for this to be reportable and you say that the work does not involve any stress on the arms, therefore, it does not meet the written criteria.  Personally I would insist on a visit to OH and get a second opinion on this and then I might be tempted to find the worst job in the world for him when he returns - something that you know he will hate but which you can justifiably have him doing because it will protect his arms from tendonitis.   Just saying .....

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A Kurdziel on 24/04/2019(UTC), CptBeaky on 24/04/2019(UTC)
Roundtuit  
#4 Posted : 24 April 2019 07:34:43(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: hilary Go to Quoted Post

and then I might be tempted to find the worst job in the world for him when he returns - something that you know he will hate but which you can justifiably have him doing because it will protect his arms from tendonitis.  

and hope they/their solicitor/their solicitors researcher do not read public forums

captcha HAV1

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CptBeaky on 24/04/2019(UTC)
A Kurdziel  
#5 Posted : 24 April 2019 08:29:19(UTC)
Rank: Super forum user
A Kurdziel

As far as the diagnosis is concerned, I would not regard the GP as a medical expert. He can give an indication of work-related issue but normally his diagnosis would be down to asking the patient what their symptoms were and make a judgement on that.  If you wish to take this issue further you should get a proper medical expert opinion from a specialist in musculoskeletal matters, probably a medical consultant. Your OH provider should be able to find you one. They will give definitive diagnosis (ie one that would stand up in court if it came to it). This whole thing should be HR lead, but that depends on what your HR department thinks their role is. Health and Safety should be looking at how work might have affected this person’s condition.    You need to be sure that there’s nothing that they do that might worsen they condition.

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CptBeaky on 24/04/2019(UTC)
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