Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
HandSNHS  
#1 Posted : 04 July 2024 08:29:00(UTC)
Rank: New forum user
HandSNHS

Hi Everyone, looking for some advice, I keep going between yes it is a RIDDOR and no it is not.

Dates changed to protect anonymity. 

Colleague was involved in an incident on morning of 21/06. 

Was due to be back in work on 23/06 but reported sick claiming that the incident was as a result of the incident on 21/06 however the pain only started on the 23/06 before they were due to come back to work. 

Appears to have been no issue on 21/06 or 22/06 when they were on scheduled days off.

Sick note submitted from GP states that date of sickness is from the 23/06

Colleague has since returned to work on the 28/06

So - If I go from the date they are saying they reported sick - it is not over 7 days but if I go from the day after the incident then it would be over 7 days and reportable.

I am more inclined to report just with being open and honest but wanted to seek some advice.

Grateful for any responses.

Martin Fieldingt  
#2 Posted : 04 July 2024 09:02:39(UTC)
Rank: Forum user
Martin Fieldingt

Hi,

Even if going by the first date of the incident (21/06) and not counting the day of the incident as per RIDDOR, I only make it 7 days not over seven days, if they returned on 28/06?

Therefore NOT RIDDOR reportable.

HSSnail  
#3 Posted : 04 July 2024 09:18:43(UTC)
Rank: Super forum user
HSSnail

It does not matter if they were due to work, if they say they would have been unable to work the days count. BUT you dont count the day of the accident so if my maths are right its only 6 days anyway.
thanks 1 user thanked HSSnail for this useful post.
Martin Fieldingt on 04/07/2024(UTC)
HSSnail  
#4 Posted : 04 July 2024 09:18:55(UTC)
Rank: Super forum user
HSSnail

It does not matter if they were due to work, if they say they would have been unable to work the days count. BUT you dont count the day of the accident so if my maths are right its only 6 days anyway.
Martin Fieldingt  
#5 Posted : 04 July 2024 09:58:58(UTC)
Rank: Forum user
Martin Fieldingt

Sorry, I cant count; agreed it is 6

peter gotch  
#6 Posted : 04 July 2024 14:59:16(UTC)
Rank: Super forum user
peter gotch

HandHNHS

Part of the problem here is that you have changed the dates and we don't know how.

So, I am going to change the dates to a week earlier.

Accident happens on the 14th - doesn't count.

Next question is when they were incapacitated from doing work they would usually do (nor going to spell out the exact words in RIDDOR not least since those have been discussed in many threads on these Forums.

But, if that incapacity was on the day of the accident then.

Day 1 - 15th

Day 3 - 17th

Day 5- 19th 

Day 7 - 21st.

If the worker returned on the 21st then they had only been incapacitated for 6 days other than the day of the accident. 

If they couldn't return until the 23th then it would have been "over 7 days".

Don't forget the "over 3 day" rule for RECORDING rather than REPORTING!

Edited by user 04 July 2024 15:00:02(UTC)  | Reason: Fixed omiission

Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.