Rank: Forum user
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Well, at least I hope not. I'm looking for some advice/opinions!
We had a specified dangerous occurence. The regs say we must notify by quickest practicable means, and report within 10 days.
The quickest practicable means is now the online form, isn't it? So, dutifully, we submitted details via that route, thereby fulfilling the requirements of (ii) above.
At the time, the person involved thought he was OK, but the following day had some discomfort, went to his doctors and has been signed off for more than 7 days. Can you see where this is going? If we'd known it was going to be an over 7-day, we'd not have done the DO report, but.......
Howver, I think we have to report the over 7-day aspect, but it would make sense to refer to the earlier report to be clear that this is some sort of double report. I think we would then leave the original dangerous occurence off our incident stats (I know, but it will devastate the RIDDOR frequency rate).
Any other suggestions?
Thanks
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Rank: Super forum user
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I had to read it a few times to be sure what you were getting at. It hasn't happened to me but I suppose that you could have a situation where both a DO and an over 7 day injury both occur. Either a DO happened or it didn't, I don't think you can decide to ignore it just because a reportable injury also resulted from the same. It can't be a unique occurrence; surely?
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Rank: Super forum user
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Report it again as that will keep you in the clear as you have reported within the laid down timescale. Don't worry about the double reporting as that is the HSE responsibility not your. Meet the legal requirement and you are in the clear, let them worry about double reporting.
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Rank: New forum user
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I think you've done well, and followed all the correct procedures. We can only make a judgement with the current information that we have. It would be good idea to refer to DO as that was what it was at the reporting time and even better if First Aid was administered or witnesses present. This in turn will show that you have done everything reasonably practicable. I would agree that it would have a effect on your incident stats but in real life we can se how the health of the person involved deteriorated and that escalated the origanl DO to a RIDDOR.
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Rank: Super forum user
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Dan a DO does not involve any actual harm to the person concerned so why does first aid come into it? Witness statements are nothing to do with RIDDOR as it is simply reporting the incident/accident to the HSE for the gathering of data only. Investigation of an incident is nothing to do with HSE unless they are called in or decide to investigate it themselves. There is no need to do everything so far as is reasonably practicable as that does not come into play in investigating accidents etc it is for managing risk and setting the methodology of how work is done. The original question was about reporting for a second time when more info became available and I think I gave an answer that covered the company's rear end as far as the RIDDOR regs were concerned.
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Rank: Forum user
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Dan,
When you report any incident you get an incident number, submit an update using the original Incident Number and quote it on any future correspondence you send to the HSE or any other interested party. Let the HSE match it all up. Tell them it was initially a DO and is now an over 7. They are aware circumstances change.
I am assuming that the stats you are worried about are your own in house stats that are used to report to the directors and asked for when tendering for new works. I see no reson why you cannot remove the DO and put it down as an over 7 now. You could even put in a footnote explaining if you want.
On just about every RIDDOR I have submitted online, I have followed up with a covering letter and a copy of our own internal investigation with recommendation - warts an all.
I think too many people get het up with regarding RIDDOR Incidents - as long as you can show you have reported it factually and within the time frames I think the HSE will be more concerned ensuring actions have been taken to prevent re-occurance than if the I's and T's were not dotted and crossed.
Regards
Clive
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Rank: Super forum user
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Notify and report are not the same. Best practicable means involves 'phoning your nearest HSE office. Next working day at latest after the D.O. HSE would be pretty miffed if you had a scaffold collapse/substance etc. and didn't tell them immediately - they want in quick should they decide to investigate and gather evidence.
I think it prudent & sensible to maintain separate internal reporting of D.O.s and LTAs. What exactly do you mean by "it will devastate the RIDDOR frequency rate"?
And "If we'd known it was going to be an over 7-day, we'd not have done the DO report" ??????
I do hope that there is a clearer approach to the internal investigation!
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Rank: Super forum user
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Listen to Ron and others as its in certain cases a telephone call is required as the quickest practicable means and not the use of the online system and if I were U I would review the new RIDDOR changes so as its on the tip of the tong
all other areas are spurious to the requirements of RIDDOR
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Rank: Forum user
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Bob and Ron raise an interesting point. Something like a scaffold collpase is something that ought to be reported as quickly as possible. But the advice on the HSE website is clear, the Incident Contact Centre phone number is now only to be used for reporting fatal or major injuries. And you won't find it very easy to get the number of your nearest HSE office these days, if you don't happen to have it to hand.
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Rank: Forum user
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Rank: Super forum user
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Tenn1svet,
It's NOT double reporting. It's reporting two reportable events a DO and an O7D injury accident. That they arose from the same incident is immaterial.
Nobody would desribe it as double reporting if two people fell off a scaffold and both sustained RIDDOR reportable injuries.
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Rank: Super forum user
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My post at #7: should say "substance release" ( another example of specified D.O.)
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Rank: Super forum user
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Smitch
The link you gave only has fax numbers for the HSE offices in my region. Is fax quicker than the web reporting system?
The original questing was about recording. RIDDOR is very clear you have 2 different reports the dangerous occurrence and the injury which should be reported independently, neither supersedes the other. No reason why you should not mention the DO on the injury report but no reason why you must. For your own internal statistics then that's down to your own systems.
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Rank: Forum user
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Brian Hagyard wrote:Smitch
The link you gave only has fax numbers for the HSE offices in my region. Is fax quicker than the web reporting system?
Not sure, but it could well be the case that if the fax number is for your local office and the web reporting goes to a central data base, then a fax may well get looked at sooner (granted this does not mean any follow up action if deemed necessary will happen any quicker).
Just posted the link in my last posting to assist anyone unsure of where there local office was or how to find contact details.
Should any matter require a telephone number (for reporting fatal and major injuries only) then one can call the Incident Contact Centre on 0845 300 9923 (opening hours Monday to Friday 8.30 am to 5 pm); again from the HSE website.
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Rank: Super forum user
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smitch
My apologies if my posting was not clear or appeared to be confrontational, I was not criticising your advice, any help or information from this site is always gratefully accepted I was just not sure about Fax V Web reporting.
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Rank: Forum user
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Hi Brian
No apology necessary; its been one of those weeks and I'm probably a bit sensitive (bless me); still not long to go now and I can hear my local calling me.
Have a good weekend
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Rank: Super forum user
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I advise in the strongest manor to telephone the HSE and not to rely on any other way / system - Obviously follow up the call with a fax and an email or even a letter but do not rely on electronic means and always get a name
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Rank: Super forum user
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Bob Youel,
I would normally agree with what you said in #17 but not so sure now. While looking up something else I noticed this in the introduction of L73, which seems to suggest they feel the quickest way is online.
extract :-
9 If (a), (b), (c) or (d) happens, the enforcing authority must first be notified by the quickest practicable means, eg online:
(a) the death of any person as a result of an accident, whether or not they are at work (see regulation 3(1));
(b) someone who is at work suffers a major injury as a result of an accident (see regulation 3(1)). Major injuries are listed in Schedule 1;
(c) someone who is not at work (eg a member of the public) suffers an injury as a result of an accident and is taken from the scene to a hospital or, if the accident happens at a hospital, suffers a major injury (see regulation 3(1));
(d) one of a list of specified dangerous occurrences takes place (see regulation 3(1)). Dangerous occurrences are events, which do not necessarily result in a reportable injury, but have the potential to cause significant harm. They are listed in Schedule 2;
(e) someone at work is unable to do the full range of their normal duties for more than seven days as a result of an injury (an ‘over-seven-day’ injury) caused by an accident at work (see regulation 3(2));
(f) the death of an employee if this occurs some time after a reportable injury which led to that employee’s death, but not more than one year afterwards (see regulation 4); or
(g) a person at work suffers one of a number of specified diseases, provided that a doctor diagnoses the disease and (except for certain communicable diseases reportable only offshore) the person’s job involves a specified work activity (see regulation 5). The specified diseases and corresponding work activities are set out in Schedule 3. Those reportable only offshore are listed in Part II of that Schedule.
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Rank: New forum user
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The RIDDOR guidance document ( on HSE website ) gives "online" as an example of reporting by the quickest means , so I think this is acceptable.
Re the poster's original question , my view having looked at Regs and guidance is that one report is sufficient.
Reg 3 says that an over 7 day injury arising from incidents at work do not need to be reported if it was already reportable under Para 1 of reg 3. This could be interpreted to mean dont report an over 7 day if it was a major injury anyway, but I think it extends to include all other reportable circumstances in that paragraph ( ie including DOs)
Para 53 of the guidance dealing with Dangerous Occurences seems quite clear in its intention to avoid duplicate reporting it says that
"The reportable dangerous occurrences are defined in Schedule 2 to these 53 Regulations. If an injury occurs and is reportable under one of the other categories in regulation 3, the dangerous occurrence should not be reported separately. If, however, the injury is not reportable under regulation 3, the dangerous occurrence must be reported."
My view is therefore that original reporting of the DO is enough to comply with RIDDOR , there is no need to report because an over 7 day injury has now arisen from the same incident. However, there is no harm in submitting a second report if you want to be sure HSE / LA has complete info.
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Rank: Super forum user
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Pinks
That's what I was looking up, but took it to mean that if a DO occurred and someone had a reportable injury from that same incident ( so both known at the same time) then only report the Injury. I was not sure it worked the other way around, which is the example we have. The original poster was right to report the DO, and I didn't think you could amend that report, so I would report the Injury as well separately (and add a note). In my organisations internal statistics I would consider it to one RIDDOR incident, though in the records I would note it was first reported as a DO. I would not feel I have cheated in any way doing this, there was only the one incident.
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Rank: New forum user
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Yes if it were a major injury , I completely agree - they come to light at the same time, report the injury not the DO.
when it comes to Over 7 day injuries it is less clear. My interpretation of the regs was - don't need to report the over 7 day injury if the incident has already been reported for some other reason ie a DO . But I can see why you may choose to report both.
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Rank: Super forum user
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The HSE website says that ALL incidents can be reported using the online facility, but that you CAN use the contact centre for reporting fatalities and majors i.e. you don't HAVE to. Online reporting is effectively 'instant' (other than the time it takes you to type it!) and para 56 of L73 does say that online reporting is the easiest (debatable) and QUICKEST way to report! I have used the online facility for both fatalities and majors with no 'come back' from the HSE. I personally have never had any problem with the online reporting system and am entirely confident in using this as my primary and only method of reporting ALL incidents. I get a confirmation e mail and a pdf both of which I can archive.
I also note 'Pinks' point about double reporting under para 53, but I am not sure if it would work the other way around i.e. while I wouldn't report the DO if I had already reported the injury (as the details of the DO would effectively be reported in the narrative) however, I would be inclined to report a subsequent > 7 day injury even if I had reported the DO.
So, to the original poster. You haven't done wrong to have reported the DO and I don't think you will do wrong to report the > 7 day injury. You MIGHT be if you don't. If it is of major consequence to your internal reporting systems I don't see any problem with recording this as a single event.
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