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Returning to Work on Restricted Duties - Ireland
Rank: Forum user
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Folks,
I am searching for an actual regulation (or a section within 2005 act) where it states that an employee must return to work, performing the duties he was originally employed for or the accident is reportable. I have a situation whereby a friend of mine is asked to return on restricted duties thus eliminating the need for his employer to report the accident. I know it states "normal work duties" in the Q&A section of HSA site but is there specific detail contained within any reg or act? His employer is also saying that Sat and Sun or BH days are not counted as it does not state anywhere in Reg/Act - only as guideline.
Cheers for the help
Jim
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Rank: Super forum user
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Jim,
If the employee is brought back to work on light or restricted duties for more than three days immediately following the accident then it is reportable to the HSA. The employer is incorrect with regards weekends which is something of a bone of contention with many employers whom operate shift work patterns e.g. nurse 4 shifts on 4 days off. The FAQ's on accident reporting on the HSA website adddresses this. I know you ask for specific legislation but the 2005 act is quite vague in detail. e.g. if you read the act and guidance you will notice that an injured party has to actually be off for 4 days not including the day of the accident. Even HSA inspectors have difficulty with that one!
Kevin
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Rank: Forum user
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Kevin,
I have scanned through the 2005 Act and '07 Regs etc but cannot find any specific direction on this. It is up in the air. His employer is saying that if he brings him back on restricted duties then it is not reportable - you are saying over 3 days on restricted duties then it is reportable, yet an inspector informed me today that the employee must return to work and carry out the duties that he was originally employeed to do. IE A machine driver cannot return to work as a cleaner or admin until he is fully recovered.
I think it is down to whatever way you want to read it, this one?
Cheers
Jim
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Rank: Super forum user
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Jim,
Thats the point, he is not returning to work on Normal Duties (machine driver) so the accident is reportable provided he has not been completing his normal duties for more than 3 consecutive days not including the day of the accident. You will have to go back to the 1993 general applications section 58 for legislation on it and again it is in very broad terms.
With regards the employer's views regarding weekends it states in the act;
( a ) any accident occurs at a place of work as a result of which any person carrying out work at that place of work dies or is prevented from performing his normal work for more than three consecutive days, excluding the day of the accident but including any days which would not have been working days, or
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Returning to Work on Restricted Duties - Ireland
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