Rank: Forum user 
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An employee reacted to food ate from work's kitchen due to an allegy. Their reaction was sickness, swelling of lips etc. The food was not correctly labelled on the menu.
I am classing this 'incident' as 'Ill-health' under our categories where Ill health = any medical condition that medical authority has informed is or could be attributable to the company e.g. dermatitis BUT includes potential food issues.
Whilst this current reaction has not been medically authorised - their allegy condition has been medically identified.
Here is my question or really confirmation required from fellow H&S collegaues - Am I right in stating that any sick leave taken by this employee in realtion to their reaction is technically 'Injury at work' and not just sick leave which would go against the employee?
Many Thanks
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Rank: Super forum user 
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Hi Jacqui,
I agree with you, I would classify this as an injury at work.
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Rank: Super forum user
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It is classed as sickness / illness and not an "injury at work" in my eyes - could have happened anywhere.
Key thing here is that it is not a result of any work activity.
David
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Rank: Super forum user
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Depending on your absence policy and how robust your management adhere to it?
I would expect as it was of no fault to the employee affected that a more considerate viewpoint be made with regards to their reason for absence and what category it is placed under it wouldn't hurt to ensure this isn't reflected upon the employees entitlement with regards to absence?... More of a HR related problem!
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Rank: Super forum user
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David H wrote:It is classed as sickness / illness and not an "injury at work" in my eyes - could have happened anywhere.
Key thing here is that it is not a result of any work activity.
David I would consider "At Work" to mean exactly that and not "Whilst Working".
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Rank: Super forum user
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So was he on his lunch break and does he get paid for that break?
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Rank: Super forum user
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Whether he was getting paid or not is not relevent. "At Work" in the context of the HaSaWa is not limited to those working but also to others who may be affected. Where the employer provides through a catering facility, the employer has a duty to ensure that provision is safe.
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Rank: Forum user
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Dear All
Thanks for such quick replies. I was debating with myself about the 'At work' element which is was I posted the question. They were not injured whilst they were conducting a work activity but was affected by someone else's work activity i.e. preparing food and wrongly printed menu.
One for HR.
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Rank: Super forum user 
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Hi Jacqui, Ther mislabelling of foods is classed as a food safety incident (foods injurious to health) and as such should be identified and controlled in a food safety management process. Many companies use the HACCP system as mentioned on the pdf in this link: http://www.food.gov.uk/m...orcefactsheet23mar07.pdf
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Rank: Super forum user
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Allergic reactions to food provided by the company are treated exactly the same as any other form of food poisoning. Reportable as an illness and one for the local EHO no doubt!
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Rank: Super forum user 
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Jacqui
The term 'at work, or arising from a work activity' springs to mind. Therefore I suggest it is a work related ill health incident and should be categorised as such.
Ray
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Rank: Forum user 
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I agree with safety smurf on this one, is this any different from an employee being affected by another employee using COSHH substances in the work place ? i would suggest not
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Rank: Forum user
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And I agree with Ray as well boy all this agreeing I must of had a good day to day
Chris
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