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helen17  
#1 Posted : 12 August 2014 16:28:18(UTC)
Rank: Forum user
helen17

A member of our staff has reported to us that she has been signed off for 2 weeks with damage to tendons in foot. This happened whilst she was working and brief detail of incident as follows:

Pushing a bed up a ramp (with assistance) and left foot slipped off the shoes she was wearing (crocks) qnd hit the side of the wheel on the bed . Not wearing any socks at the time as had forgotten to put them on that day, she was bearfoot in crocks, on a hot hospital ward, and feet were sweaty and wet due to it being a hot day. Policy does allow certain staff members to wear crocks (mainly theatre staff) .

I am inclined to say this was not "work related" but would appreciate others view on this.
Carrietobin  
#2 Posted : 12 August 2014 16:36:25(UTC)
Rank: Forum user
Carrietobin

I would say yes, it would be RIDDOR. As she was at work, carrying out a work activity. If she wasn't following the rules regarding footwear, then her Manager should have pulled her up on it before she started work. If she was following the rules, then perhaps the rules need revisiting.

Just my Opinion.
Animax01  
#3 Posted : 12 August 2014 16:44:52(UTC)
Rank: Super forum user
Animax01

I would agree with Carrie that this is a work related injury and that it will require reporting. This incident will provide you with he opportunity to review the policy on footwear and make changes where necessary.
Hopefully she makes a full recovery and has learned a valuable lesson that can be transferred to others to save it happening again.
Canopener  
#4 Posted : 12 August 2014 17:13:14(UTC)
Rank: Super forum user
Canopener

I don't know about others, but I am struggling to understand why (given your brief description of events) you would think that this isn't work related or reportable under RIDDOR! Can you elaborate on your thinking?

On the face of it looks pretty straightforward to me; IF the absence subsequently triggers the over 7 days (that they are signed off for 2 weeks doesn't necessarily mean that they will be - or I should add, unable to do their normal work ) then it looks reportable to me.

Always happy to hear arguments to the contrary though.
DP  
#5 Posted : 12 August 2014 17:21:27(UTC)
Rank: Super forum user
DP

Hi Helen, given the facts you have provided here the incident is reportable under RIDDOR as its clearly connected to the working activity being undertaken.

Don't confuse the duty to report accidents under RIDDOR with any accident liability, you may be doing this in your thought process.

helen17  
#6 Posted : 12 August 2014 17:32:28(UTC)
Rank: Forum user
helen17

My thought process is as follows. She was walking on an even surface, there were no trip hazards, and the reason that she fell was that her feet were sweaty as she had chosen not to wear socks - nothing that we could have done would have avoided the incident (apart from of course, her manager pulling her up on why she was working in bare feet with plastic crocks on). I have checked our policy and we are not specific enough - we do allow some staff to wear crocks and I think that the policy really needs to be tightened up.

I really appreciate the advice and will report as RIDDOR, I do feel sometimes this area can be quite confusing.
DP  
#7 Posted : 12 August 2014 17:37:41(UTC)
Rank: Super forum user
DP

That's why there are so many posts on here.
John D C  
#8 Posted : 12 August 2014 19:19:45(UTC)
Rank: Super forum user
John D C

Why the emphasis on not wearing socks. Socks tend to be slippy on plastic type materials whereas bare feet even sweaty ones are not. This is why children in indoor play areas have to wear socks. It prevents them climbing where they shouldn't . I found this out when working for a brewery company with indoor play areas and found the little darlings could easily grip vinyl covered walls with no socks but just couldn't get any grip with socks. Doesn't the wearing of socks in theatre present a problem when blood is spilt. The crocks can be rinsed quickly unless of course they have numerous spare socks at hand.
Take care
JohnC
wjp62  
#9 Posted : 13 August 2014 10:42:16(UTC)
Rank: Forum user
wjp62

JOHNC wrote:
Why the emphasis on not wearing socks. Socks tend to be slippy on plastic type materials whereas bare feet even sweaty ones are not. This is why children in indoor play areas have to wear socks. It prevents them climbing where they shouldn't . I found this out when working for a brewery company with indoor play areas and found the little darlings could easily grip vinyl covered walls with no socks but just couldn't get any grip with socks. Doesn't the wearing of socks in theatre present a problem when blood is spilt. The crocks can be rinsed quickly unless of course they have numerous spare socks at hand.
Take care
JohnC


Off the subject a bit but John - I think you will find the reason for wearing sock in children's play areas are for health reasons e.g. preventing the spread of foot diseases.
jodieclark1510  
#10 Posted : 13 August 2014 10:53:00(UTC)
Rank: Super forum user
jodieclark1510

Helen17 wrote:
A member of our staff has reported to us that she has been signed off for 2 weeks with damage to tendons in foot. This happened whilst she was working and brief detail of incident as follows:

Pushing a bed up a ramp (with assistance) and left foot slipped off the shoes she was wearing (crocks) qnd hit the side of the wheel on the bed . Not wearing any socks at the time as had forgotten to put them on that day, she was bearfoot in crocks, on a hot hospital ward, and feet were sweaty and wet due to it being a hot day. Policy does allow certain staff members to wear crocks (mainly theatre staff) .

I am inclined to say this was not "work related" but would appreciate others view on this.



I'm not sure how it couldn't be work related when she was working at the time? I would highly recommend the fottwear policy being reviewed because you don't know how many times a shoe slips off leaving other members of staff exposed to this kind of thing happening.
gramsay  
#11 Posted : 13 August 2014 12:06:28(UTC)
Rank: Super forum user
gramsay

I know it's not Friday, but

JOHNC wrote:
a brewery company with indoor play areas


is something I'll file away happily until it is.

Interesting discussion, and it's a reminder that it's always worth thinking about the cause of an accident before reporting everything just because it happened "at work". On balance I can see Helen's point and wouldn't report this depending on the investigation results.

Depite the fact the IP was carrying out a work activity, the accident doesn't appear to be related to the equipment being used or the condition of the premises, which leaves us with

"the manner of conducting an undertaking".

If you think (as you say) that the accident was caused by the IP's combination of footwear and absence of socks AND you think that management controls on footwear were adequate then I wouldn't report it as it doesn't satisfy the point above.

If, however (as you also suggest) you think management controls should either be more proscriptive OR should have picked up the forgotten socks then I would report it, as it arises from the reason quoted above.

Remember, RIDDOR isn't about the government blindly counting accidents. RIDDOR effectively asks you to tell the government about those accidents which an employer might be able to do something to prevent, and to answer that question you have to consider the three issues above.

Always willing to be corrected, though, even though RIDDOR in general can be a total sidetracking factor in properly controlling risk.
Xavier123  
#12 Posted : 13 August 2014 13:08:22(UTC)
Rank: Super forum user
Xavier123

Bingo Gramsay.

Those applying a test of 'it was a work activity and she was at work' as the only test are not necessarily applying RIDDOR correctly. I recognise that those who seem to have said this may have been applying other considerations too (so I'm not critiquing individual posts here).

If you are at work walking down the corridor from one office to another and trip because your foot slips out of your crocs on another wise perfectly fine, well lit corridor, this would NOT be work-related.

Not to say that this isn't reportable, for the reasons Gramsay has put forward...but not simply because she was working. There needs to be some underlying relevant issue related to the task, equipment or premises. I actually think that the HSE website is pretty clear on this but that has not historically been the case.
jodieclark1510  
#13 Posted : 13 August 2014 13:36:10(UTC)
Rank: Super forum user
jodieclark1510

Xavier123,

the OP stated the individual concerned was working in a hospital undertaking a work activity, the accident occurred at work which has subsequently signed them off for over 7 days, and the reason they slipped was because obviously and admittedly the footwear policy is not robust enough against the situation given, which is a management concern, which you find at work, thats my logic anyway. A full investigation of the circumstances should give an answer, but don't forget posters are basing thoughts on limited details and own experiences
Xavier123  
#14 Posted : 13 August 2014 13:55:18(UTC)
Rank: Super forum user
Xavier123

I agree Jodie. ;)

I was trying to be pretty clear about not critiquing any individual posts and primarily posted to agree with Gramsay about how the 'RIDDOR or not' decision should be reached.


I'm not personally convinced that it is clear that the footwear policy is at fault based on the info given. Helen has suggested it could be tightened up (and she knows best!) but others have suggested that there are good reasons for wearing no socks in some medical situations.
A question mark over the policy and its implementation doesn't make it reportable by default though. Your point about full investigation giving the answer is thus spot on.

jodieclark1510  
#15 Posted : 13 August 2014 13:59:57(UTC)
Rank: Super forum user
jodieclark1510

I understand and I realise you are not being critical, personallyI think its good being able to explain how a conclusion is reached. In this scenario given the data available, I would report on these circumstances- you would or wouldn't for other reasons- same as Tom, Dick or Harry. I think people don't realise Health and Safety isn't black and white, sometimes time, thought and discussion is needed also, and a debate is always a healthy exercise in my book

Jodie
DP  
#16 Posted : 13 August 2014 14:06:57(UTC)
Rank: Super forum user
DP

It a manual handling task moving work equipment, by simply applying the principle of TILE. I cant see how this particular scenario with the facts provided so far cant be work related.

I'm the one who tends to argue about over reporting too. Not here Im afraid.

a duel handling operation pushing up a ramp! not connected? - with regards how the work was planned and organised.





Animax01  
#17 Posted : 13 August 2014 14:07:19(UTC)
Rank: Super forum user
Animax01

Ultimately somebody has had an accident arising from being at work, I agree that this alone isn't sufficient enough for reporting. But she was pursuing a work based task, she wasn't simply walking down an isle. The fault maybe the weight of the item she was pushing that created an increased force upon the footwear and that they aren't designed to withstand such forces. So many variables here make it difficult to make a thorough conclusion. It is always better to report than not, if you make a mistake in reporting and are informed as such, lesson learned the easy way. If you fail to report and are informed as such, lesson learned the hard way.
toffee wrapper  
#18 Posted : 13 August 2014 14:12:22(UTC)
Rank: Forum user
toffee wrapper

Ahhh the debate on whether it is RIDDOR or Not RIDDOR continues. IMO if the incident took place at the place of work, whilst undergoing normal work routine and results in over 7 days off work, then this is reportable.

However; i can see the point of view that this is not reportable due to her own choice of footwear at the time. But at the end of the day the incident took place at work and prevented the person from carrying out their normal duties.

Reportable.

Toffee wrapper
Canopener  
#19 Posted : 13 August 2014 14:31:14(UTC)
Rank: Super forum user
Canopener

Canopener  
#20 Posted : 13 August 2014 14:32:39(UTC)
Rank: Super forum user
Canopener

Opps - I managed to post a blank comment (not for the first time either!!!!)

It’s sometimes helpful to return to the often overlooked section in the regs, section 2 – Interpretation.
S2(1) to RIDDOR says:
“Work related accident” means an accident arising out of or in connection with work
S2(2) says:
… any reference to a work-related accident or dangerous occurrence INCLUDES [but I suggest is NOT limited to] an accident or dangerous occurrence attributable to—
(a) the manner of conducting an undertaking; .
(b) the plant or substances used for the purposes of an undertaking; or .
(c) the condition of the premises used for the purposes of an undertaking or any part of them
CAPS used for emphasis. My own comment in [ ]

I would suggest that a,b & c are not nor are they intended to be an exhaustive list of factors that determine whether or not an accident is work related or not; they are 3 (perhaps key) examples. In saying that I would have thought that the manner of the undertaking is a pretty broad, almost catch all statement along the lines of “how things are done”.

Was this accident arising out of or in connection with work? In my mind, as they were actually carrying out a specific work activity I would suggest ‘yes’ however, arguably the only answer that matters is that of the OP; it is their decision as to report or not. I would be inclined to.
gahan  
#21 Posted : 18 August 2014 16:31:40(UTC)
Rank: Forum user
gahan

Having read the entire thread here and the facts as presented in the original comment, how is this not work related? It was a work activity. It was carried out at work. Someone was injured as a result of carrying out the task. The fact they had no socks on and were wearing crocs is irrelevant.

Why do people find RIDDOR confusing? Whilst we may all have a different opinion to each other from time to time, it is pretty straightforward and the published guidelines i think are more or less black and white and leave little to interpretation.

SW  
#22 Posted : 19 August 2014 08:25:54(UTC)
Rank: Super forum user
SW

Like DP mentioned above I am not in the camp of over-reporting and those who state "best report it if unsure" but in this instance I go with RIDDOR reportable too based on the OP's post
walker  
#23 Posted : 19 August 2014 08:55:37(UTC)
Rank: Super forum user
walker

gahan wrote:
Having read the entire thread here and the facts as presented in the original comment, how is this not work related? It was a work activity. It was carried out at work. Someone was injured as a result of carrying out the task. The fact they had no socks on and were wearing crocs is irrelevant.

Why do people find RIDDOR confusing? Whilst we may all have a different opinion to each other from time to time, it is pretty straightforward and the published guidelines i think are more or less black and white and leave little to interpretation.



I agree entirely.
The lack of knowledge on display here is astounding.
A Kurdziel  
#24 Posted : 19 August 2014 09:25:38(UTC)
Rank: Super forum user
A Kurdziel

walker wrote:
gahan wrote:
Having read the entire thread here and the facts as presented in the original comment, how is this not work related? It was a work activity. It was carried out at work. Someone was injured as a result of carrying out the task. The fact they had no socks on and were wearing crocs is irrelevant.

Why do people find RIDDOR confusing? Whilst we may all have a different opinion to each other from time to time, it is pretty straightforward and the published guidelines i think are more or less black and white and leave little to interpretation.



I agree entirely.
The lack of knowledge on display here is astounding.

I don't think that this is a lack of knowledge; I think it’s a fear of reporting under RIDDOR. It’s not so much that they are worried that the HSE will pounce on them waving enforcement notices and demanding money under FFI but having to include them under the KPI that our betters have told us we have to use to measure H&S performance. This means that people will spend ages trying to find ways of avoiding reporting a RIDDOR. It seems to be particularly bad in the construction sector where one RIDDOR can mean the difference between being awarded a contract or going hungry.
How we have got ourselves into this situation is what we should be discussing not whether angels falling off the point of a needle is a RIDDOR.
Azza  
#25 Posted : 19 August 2014 09:43:22(UTC)
Rank: Forum user
Azza

I don't think that this is a lack of knowledge; I think it’s a fear of reporting under RIDDOR. It’s not so much that they are worried that the HSE will pounce on them waving enforcement notices and demanding money under FFI but having to include them under the KPI that our betters have told us we have to use to measure H&S performance. This means that people will spend ages trying to find ways of avoiding reporting a RIDDOR. It seems to be particularly bad in the construction sector where one RIDDOR can mean the difference between being awarded a contract or going hungry.
How we have got ourselves into this situation is what we should be discussing not whether angels falling off the point of a needle is a RIDDOR.


Spot on 100% agree!
Xavier123  
#26 Posted : 19 August 2014 10:37:07(UTC)
Rank: Super forum user
Xavier123

I'm keen not to antagonise or perpetuate another lengthy RIDDOR thread but I can't let it lie.
Here is the guidance copied direct from the HSE website on 'work-related'.

What is meant by ‘work-related’?
RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role:

the way the work was carried out
any machinery, plant, substances or equipment used for the work or
the condition of the site or premises where the accident happened


My agreement with an earlier poster was on this issue and pretty much this issue alone as some contributors did not appear to be applying this part of the test. Maybe they were, maybe they weren't....

I'm open minded to being wrong here but I believe that the guidance makes clear that the detail of the circumstances surrounding an accident at work are entirely relevant to its reportability.
Canopener  
#27 Posted : 19 August 2014 12:26:16(UTC)
Rank: Super forum user
Canopener

I would suggest that it is likely that there are a number of factors that lead to this.

I think that there is some lack of knowledge and I would hazard a guess that some don’t even take the time to gain a basic understanding of the regs (the thread about who reports incident/injury involving their own employees springs to mind) before posting on here seeking the ‘answer’. In many cases the answer remains elusive often due to the limited information provided by the OP; the recent ‘wasp sting’ thread being an example. The devil is in the detail.

But I would I would also agree with A Kurdziel at #10, that there is probably also some ‘fear’ of reporting due to the introduction of FFI. In the main I would suggest that this ‘fear’ is generally misplaced as in my experience the majority of’ injury’ reports (even post FFI) do not lead to an intervention; as opposed to ‘disease’ reports for which you can almost certainly expect one.

Also as Azza has pointed out, other factors might possibly be KPIs based on RIDDOR reports and for those organisations tendering for works where the number of RIDDOR reports form part of the pre qual process may create a reluctance to report a RIDDOR if there is some (for whatever reason!!) question as to whether it is reportable or not.

However, as already pointed out by Xavier123, that the incident/injury MERELY occurred AT work isn’t the ONLY deciding factor. It’s that little devil in the detail; again.
Do look at section 2 – interpretation.

At the end of the day it is for each organisation/competent person to decide (and if necessary justify) if a particular incident/injury/disease is reportable or not.
A Kurdziel  
#28 Posted : 19 August 2014 14:02:53(UTC)
Rank: Super forum user
A Kurdziel

As:
• the way the work was carried out
• any machinery, plant, substances or equipment used for the work or
• the condition of the site or premises where the accident happened
is what is used to define ‘work-related’ we can look at more detail at each of these mean:
• ‘the way the work was carried’ out refers to the SOP, method statement or whatever you call it. So if there is no expectation that you would have an SOP it is not ‘work related eg walking across a car park has no SOP so this would not come under RIDDOR but it might be related to the last part on ’the condition of the site or premises …’
• ‘any machinery, plant, substances or equipment used for the work’- this is an extremely wide term as work equipment can include just about anything even a passenger lift in an office building.
• ‘the condition of the site or premises where the accident happened’ gets most slips trips or falls, plus environmental things like noise, dust etc
So I don’t think that this really narrows the definition of work related.
Xavier123  
#29 Posted : 19 August 2014 14:37:32(UTC)
Rank: Super forum user
Xavier123

I don't disagree that all those items will likely feature in any workplace but the real kicker for debate is about whether any of those matters 'played a significant role' in any given accident.


The HSE website gives several examples of what would and wouldn't be reportable and includes some discussion of what is work-related throughout. It may help in providing some steer on what is and isn't significant for the purposes of debate. However, as every accident tends to have its own unique issues, it does have somewhat limited value.
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