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paul-ps  
#1 Posted : 06 December 2012 08:00:46(UTC)
Rank: Forum user
paul-ps

Advice please - we recently had an IP that was absent for six days (not including the day of the accident), he then returned to work for 0.75hrs on the seventh day, then went off sick again for the remainder of that day & the following day due to discomfort.

The injury was a small (deep) cut to the hand.

Would you report this under RIDDOR?
Kate  
#2 Posted : 06 December 2012 08:17:29(UTC)
Rank: Super forum user
Kate

It sounds as if he came back to work while still unfit to do his job, and still being unfit for that length of time would make it reportable whether he was working or not.
Terry556  
#3 Posted : 06 December 2012 08:32:21(UTC)
Rank: Super forum user
Terry556


I would not report this as a lost day, even though he can self cert for 7 days, and he returned to work, then decided to go home, small cut to the hand, he could have been offered other work
Kate  
#4 Posted : 06 December 2012 08:42:17(UTC)
Rank: Super forum user
Kate

But if he wasn't fit for his normal work then it's reportable even if he was offered other work - the criterion isn't being off work, it's being unable to carry out the whole range of your normal duties.
paul-ps  
#5 Posted : 06 December 2012 08:58:05(UTC)
Rank: Forum user
paul-ps

He felt that he wasn't fit for his current job role, although he was capable of other jobs around the factory. He chose to go absent.
hilary  
#6 Posted : 06 December 2012 10:09:37(UTC)
Rank: Super forum user
hilary

I agree with Kate #2. If he wasn't able to do his normal job then it is reportable. That is the criteria.
Ron Hunter  
#7 Posted : 06 December 2012 10:18:45(UTC)
Rank: Super forum user
Ron Hunter

The OP hasn't indicated the full extent of work the IP is involved with.
RIDDOR is not concerned with absence from the workplace but with the ability of the IP to conduct the full range of normal duties.
David Bannister  
#8 Posted : 06 December 2012 10:58:26(UTC)
Rank: Super forum user
David Bannister

RIDDOR imposes a duty to report serious incidents etc and as Kate & hilary have both stated this looks like it should be reported. However, the OP asked if you would report - that's a slightly different question!
damelcfc  
#9 Posted : 07 December 2012 08:44:38(UTC)
Rank: Super forum user
damelcfc

Also consider (given the info to go on , small cut) if the person COULD have cracked on - but didn't.
damelcfc  
#10 Posted : 07 December 2012 08:47:46(UTC)
Rank: Super forum user
damelcfc

COULD and even SHOULD - given the correct nudge.

Don't get me wrong here - 90% even more would just accept that he/she can't work and wants to go home - I do not for one minute blame anyone for being frightened to death to challenge it - in the world of 2012 more hassle than its worth.
But again its just wrong.
People forget they are contracted to be at work NOT at home.
Kate  
#11 Posted : 07 December 2012 08:48:42(UTC)
Rank: Super forum user
Kate

I'd like to think that whether you should report and whether you would report are two questions that always have the same answer!
David Bannister  
#12 Posted : 07 December 2012 09:34:21(UTC)
Rank: Super forum user
David Bannister

Kate, I'd like to think it too but reality is different. Just from the posts and answers on here it is clear that so much confusion exists amongst H&S people, let alone those who don't routinely have access to "experts" that under-reporting through ignorance is rife, let alone those who choose to not-report.

And I expect there will be readers here who fall in to the latter category for a variety of reasons but are unlikely to admit that online.
paul-ps  
#13 Posted : 07 December 2012 12:22:25(UTC)
Rank: Forum user
paul-ps

I was 95% on the side of reporting & have done so.

Was the length of absence justified by the injury - i think probably not.
Juan Carlos Arias  
#14 Posted : 07 December 2012 13:51:09(UTC)
Rank: Forum user
Juan Carlos Arias

IMO you've done the right thing. It is an over 7 day injury whether we like it or not and whether the injury was severe or not.
David68  
#15 Posted : 07 December 2012 14:20:39(UTC)
Rank: Forum user
David68

paul-ps wrote:
I was 95% on the side of reporting & have done so.

Was the length of absence justified by the injury - i think probably not.


If I were you I would me getting all of the evidence you need to defend a claim. I had a chap who had a slight accident, (small bench was knocked over and struck him on the calf). No medical attention required, indeed it was refused and he continued to work for another few hours. Following day he called in sick with a doctors note the day after and was off for 3 weeks. RIDDOR report made and the claim arrived a month later.


Tim2232  
#16 Posted : 09 December 2012 12:54:03(UTC)
Rank: New forum user
Tim2232

What was the person doing when the cut occurred?
Barnaby again  
#17 Posted : 09 December 2012 20:10:26(UTC)
Rank: Forum user
Barnaby again

david bannister wrote:
---- Just from the posts and answers on here it is clear that so much confusion exists amongst H&S people, let alone those who don't routinely have access to "experts" that under-reporting through ignorance is rife, let alone those who choose to not-report.


Also from the posts on here, I would think there is a fair bit of over reporting, too.
NLivesey  
#18 Posted : 10 December 2012 11:17:13(UTC)
Rank: Forum user
NLivesey

quote=barnaby again]
david bannister wrote:
---- Just from the posts and answers on here it is clear that so much confusion exists amongst H&S people, let alone those who don't routinely have access to "experts" that under-reporting through ignorance is rife, let alone those who choose to not-report.


Also from the posts on here, I would think there is a fair bit of over reporting, too.

But where doubt exists better to report than not.

If nothing else this has to be a learning experience for those involved in managing this type of absence. I get the impression that the absence associated with this accident was not warranted but this can only be determined through a proper investigation. The question needs to be asked how the accident could have been prevented, either by the company implementing suitable controls or by the individual adhering to those controls. Regardless of anything else there's been an absence in excess of 7 days allegedly because of the initial accident.
It's also worth considering if the absence was the result of medical treatment. Was the absence due to an adverse reaction to medication? If so then it can be debated whether this is a reportable absence.

One lesson that does need to be learnt is how such an absence is managed post accident and this includes HR's involvement in the process. A post accident home visit may have been undertaken but was there someone involved who could take a view on the severity of the injury and was alternative work discussed to enable the IP to continue working albeit doing something else?

I'd be inclined to agree with damelfc's view on this. It may be a hard line but, equally, it's important to promote a culture that is firm but fair. The company needs to demonstrate commitment to ensuring the health, safety and wellbeing of it's workforce and as a part of that fair culture challenge people where unfairness is perceived to exist.
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