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SBH  
#1 Posted : 23 May 2014 11:05:25(UTC)
Rank: Super forum user
SBH
A person bangs their head and suffers a degree of whip lash according to A & E. As a precaution the healthcare worker who visits people in her car has been desk bound after being off 5 days. I have stated it is not a RIDDOR, but am I correct bearing in mind the statement in RIDDOR which is reportable if the person is "unable to perform their normal work duties". In my view they are still doing duties but are not driving. Am I right? SBH
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JJ Prendergast  
#2 Posted : 23 May 2014 11:08:20(UTC)
Rank: Super forum user
JJ Prendergast
How/where did the person bang their head? Was it in circumstances 'arising or in connection' with their work. If not, then NOT RIDDOR.
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BJC  
#3 Posted : 23 May 2014 11:21:56(UTC)
Rank: Guest
Guest
Always double check peoples advice here as the poster has failed to mention the over 7 day criteria. So unless that applies it may be work connected but still not reportable.
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jwk  
#4 Posted : 23 May 2014 11:36:09(UTC)
Rank: Super forum user
jwk
'Deskbound after being off work for five days'. If the injury was caused by or arising out of work then yes, reportable, as the IP would have been unable to perform their normal duties for seven or more days, John
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John D C  
#5 Posted : 23 May 2014 11:38:32(UTC)
Rank: Super forum user
John D C
If they have been off for five days and then are deskbound and hence not doing their normal job and they both add up to more than seven days then it is reportable.
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BJC  
#6 Posted : 23 May 2014 12:03:38(UTC)
Rank: Guest
Guest
jwk wrote:
'Deskbound after being off work for five days'. If the injury was caused by or arising out of work then yes, reportable, as the IP would have been unable to perform their normal duties for seven or more days, John
Not if deskbound for only 1 or 2 days it has to be over 7 days not including the day of the accident.
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alexmccreadie13  
#7 Posted : 23 May 2014 12:41:20(UTC)
Rank: Super forum user
alexmccreadie13
Banged head whiplash was it a RTC? Used to be RTA. (Road Traffic Collision)
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Steve e ashton  
#8 Posted : 23 May 2014 13:14:45(UTC)
Rank: Super forum user
Steve e ashton
If the whiplash injury came from an RTC - even if driving for work - then it's not reportable....
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stephie  
#9 Posted : 23 May 2014 13:40:06(UTC)
Rank: Forum user
stephie
We had something similar recently where the IP only had one day off but was told no heavy lifting for 6 weeks, so they could not perform their 'normal duties'. I ended up calling an Environmental Health Officer (who I have dealt with in the past) for his advice and he said not RIDDOR reportable as it did not extend to coverage of ALL routine duties. I think it all depends on their contract?
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DP  
#10 Posted : 23 May 2014 13:50:58(UTC)
Rank: Super forum user
DP
Please correct me if I'm wrong but I'm sure the terminology is: unable to perform their full range of normal duties!! On viewing this line carefully I'm sure you'll agree it can be read both ways!
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PIKEMAN  
#11 Posted : 23 May 2014 13:54:47(UTC)
Rank: Super forum user
PIKEMAN
I am astounded at the comment about not covering ALL routine duties. How about a fitter sprains their arm so can't use a spanner. However, puttting nuts and bolts into a toolbox prior to a job- easy! So, not reportable! Or a bricky badly bruises his leg and ribs in a fall, so can't lay bricks, but can drive the van! Again - not reportable! I think that your EHO was so wrong I can't believe it.
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jwk  
#12 Posted : 23 May 2014 15:00:15(UTC)
Rank: Super forum user
jwk
Hi Pikeman, The EHO was just acting in accordance with the the guidance to the regulations; it does say 'An over-seven-day injury is one which is not ‘major’ but results in the injured 63 person being away from work or unable to do the full range of their normal duties for more than seven days.'; by this definition a bricklayer who is injured and can't lay bricks for more than 7 days has had a reportable injury however much van driving he does. This isn't the place to discuss the actual legal weight of guidance, and the regulation itself is a bit more ambiguous, but especially with RIDDOR the only way to understand what the duties are is to read what the Regs and HSE say, we can't just think what we like! John
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Dazzling Puddock  
#13 Posted : 23 May 2014 15:24:26(UTC)
Rank: Forum user
Dazzling Puddock
jwk wrote:
Hi Pikeman, The EHO was just acting in accordance with the the guidance to the regulations; it does say 'An over-seven-day injury is one which is not ‘major’ but results in the injured 63 person being away from work or unable to do the full range of their normal duties for more than seven days.'; by this definition a bricklayer who is injured and can't lay bricks for more than 7 days has had a reportable injury however much van driving he does. This isn't the place to discuss the actual legal weight of guidance, and the regulation itself is a bit more ambiguous, but especially with RIDDOR the only way to understand what the duties are is to read what the Regs and HSE say, we can't just think what we like! John
So you agree that the EHO was wrong and he was not acting in accordance with the guidance?
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achrn  
#14 Posted : 23 May 2014 16:17:48(UTC)
Rank: Super forum user
achrn
jwk wrote:
The EHO was just acting in accordance with the the guidance to the regulations; it does say 'An over-seven-day injury is one which is not ‘major’ but results in the injured 63 person being away from work or unable to do the full range of their normal duties for more than seven days.'; by this definition a bricklayer who is injured and can't lay bricks for more than 7 days has had a reportable injury however much van driving he does.
That's the opposite of what the EHO is reported as saying. The EHO says (allegedly) it is only reportable if the IP cannot do every one of their normal duties. I too think this is completely wrong, and find it hard to believe anyone really thinks it means that.
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jwk  
#15 Posted : 23 May 2014 16:20:58(UTC)
Rank: Super forum user
jwk
I think the EHO was right and acting in accordance with guidance, which is what I thought I had said, John
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jwk  
#16 Posted : 23 May 2014 16:22:13(UTC)
Rank: Super forum user
jwk
Oh, sorry, it's Friday and I'm a bit busy, misread the post; yes, I think the EHO was wrong, John
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godscrasher  
#17 Posted : 24 May 2014 10:33:07(UTC)
Rank: Forum user
godscrasher
Good thread for discussion. Could someone summarise this up whether the EHO was right in that the (bricky) could drive a van under his other normal duties under his contract or whether that fact it didn't matter as his 'normal' job is to lay bricks. Thanks
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chris42  
#18 Posted : 24 May 2014 11:05:39(UTC)
Rank: Super forum user
chris42
As JJ Prendergast in #2 we do not have enough information. For all we know they were on a sit and ride lawn mower, when injured. Even if they were in a car on a road, does not automatically not make it RIDDOR reportable by SOMEONE. Ref reg 14 - ie it was caused by someone loading a vehicle or working on or adjacent to the highway. It was full range of duties - not sure if it is still ie INDG453 states -unable to perform their normal work duties - not specifically ALL their normal work duties. However I still feel it is implied. Is L73 still good? ( Note to self must review this again) Chris
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