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Natalie S  
#1 Posted : 09 July 2014 11:17:49(UTC)
Rank: New forum user
Natalie S

I am looking for some advice on two seperate matters if someone could assist. I work for a logistics firm where our warehouse team and drivers do a lot of repetative manual handling activities. Our staff are starting to report 'twinges' 'tweeks' 'pulls' in various parts of their bodies. 90% of them carry on with their operational duties and the odd one will have a couple of weeks off with 'back pain.' Drivers are stating they have happened at outlets yet fail to report to our outlets - or they occur at night where there is no witnesses. We are struggling to reduce our IFR and RIDDOR rate due to these injuries, however no 'event' has taken place therefore we investigate what the employee was doing at the time and they always claim they were carrying out the safe system of work (we ask them to confirm/demonstrate what this is) Where do people stand on this? My second query is the 'over 7 day RIDDOR' - most of our employees work shifts, 4 on 4 off. If an employee has a week off sick due to an alleged industrial accident (4 days) and returns the following shift he has automatically had 8 days off therefore creating a reportable injury. The employee however may have been able to work on day 6 - would we still have to report this injury? I understand the importance of these regulations however we have a growing number of incidents where can neither prove or deny they have occured and was wondering how other H&S professionals dealt with these sorts of cases. Any advice would be grateful. Natalie
PIKEMAN  
#2 Posted : 09 July 2014 11:41:37(UTC)
Rank: Super forum user
PIKEMAN

I would advise not accepting accidents unless reported at or very close to the time they are said to have occurred. Make sure that your ergonomic and manual handling considerations are all taken into account. As you probably have done. As regards RIDDOR you are right to ask the question "could they have worked" - it is not about being off sick. You may need to ask them if they could have worked normally on the 8th day. If the answer is no - then reportable. IMHO.
jarsmith83  
#3 Posted : 09 July 2014 11:45:24(UTC)
Rank: Super forum user
jarsmith83

Personally, and I know I might get rolled eyes at this comment, but having been in a similar situation I implemented a 24 hrs reporting policy. This did mean to educate all employees, that even if a small incident that could have resulted in an injury, THEY MUST REPORT. No injury as a result = near miss report, if some days later the incident resulted in an incident exacerbates into an injury of some sort (I am thinking of a slip or sudden twist) then you will have details to hand. This discourages phantom reporting. There always has to be flexibility with this approach, a bit of common sense. A telephone reporting line available direct to employees is imperative to this approach. Key wording in the RIDDOR document is incapacitation " accidents which result in the incapacitation of a worker for more than seven days." - Again, re-visit your policy on sickness/absence reporting. I have tweaked this in the past to along the lines on "daily updates to line manager" or alike and a back to work interview as mandatory. Only you will know what will work in this instance, but hopefully this helps with communication. Many of the advise that you will get form this forum is based on personal experience, and description and answers are usually sparse, I don't expect everyone to agree, but the above has worked.
jarsmith83  
#4 Posted : 09 July 2014 11:48:05(UTC)
Rank: Super forum user
jarsmith83

To add, if they were able to carry out normal work duties, the seven days INCAPACITATED does not apply.
potts2030  
#5 Posted : 09 July 2014 12:40:02(UTC)
Rank: Forum user
potts2030

Hi Natalie With regards to the second question, I would ask the person if they wold have worked if overtaime had been available in their four days off, if the answer is yes record in accident investigatiion as they are then available for work I would look at what else they do outside of work as well, review manual handling training and get the supervisors out on the floor
Natalie S  
#6 Posted : 09 July 2014 19:17:26(UTC)
Rank: New forum user
Natalie S

Thank you very much for the responses, it is very helpful as a fairly new health and safety manager!
Invictus  
#7 Posted : 09 July 2014 21:07:24(UTC)
Rank: Super forum user
Invictus

Under RIDDOR it doesn't matter if he tells you he can work it is over 7 continuous days including weekends and days that you are not in work (days off).
jarsmith83  
#8 Posted : 09 July 2014 22:05:34(UTC)
Rank: Super forum user
jarsmith83

Invictus wrote:
Under RIDDOR it doesn't matter if he tells you he can work it is over 7 continuous days including weekends and days that you are not in work (days off).
Hi Invictus - Although strictly speaking I take it you are referring to the below statement "This is where an employee, or self-employed person, is away from work or unable to perform their normal work duties for more than seven consecutive days (not counting the day of the accident)." However, there needs to be a degree of sensibility with the situations that could arise. Scenario, employee is incapacitated for 4 days and the goes on holiday for two weeks - surely not reportable. Another scenario, employee incapacitated for 3 days due to injury and then catches a cold but is injury free - again, surely this is not reportable. It does clearly highlight in the guidance document 453 that it has to be WORK-RELATED in order to be RIDDOR reportable. Even the RIDDOR regulations state "Where any person at work is INCAPACITATED FOR ROUTINE WORK for more than seven consecutive days (excluding the day of the accident) BECAUSE OF AN INJURY RESULTING FRO AN ACCIDENT ARISING OUT OF OR IN CONNECTION WITH THAT WORK, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident. I have had this discussion with a HSE inspector at a recent conference I attended and he did not disagree.
Invictus  
#9 Posted : 10 July 2014 06:32:08(UTC)
Rank: Super forum user
Invictus

Jarsmith, I don't disagree with you it never really matters in my line of work because if someone goes off they are normally away for a number of weeks. The two examples you give are not in 'injuries at work' I agree you should be able to contact an employee and ask when he will be available for work considering he is running into his last rest day of 4, but the regulations don't take this into consideration. I think if you asked the HSE inspector to put in writing that he agreed I think you might find that he refuses.
slippy floors  
#10 Posted : 10 July 2014 11:39:34(UTC)
Rank: New forum user
slippy floors

Regarding your 1st query about pulls, tweeks etc ,as I mentioned to our drivers + FLT operators who had similar complaints they have a duty to look after themselves...(instead of having OC Health + doctors to fix a problem that can be avoided) so I suggested that they try stetching before /after their tasks to help mobilise the back shoulders neck, at home or work their choice.Come to think of it we havent had any complaints for months. It actually boils my blood when operators who are far to lazy to help themselves blame work related tasks when it can be avoided by getting of their a"%es and doing something about it. Just my 2cents
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