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A Kurdziel  
#1 Posted : 23 January 2015 11:39:14(UTC)
Rank: Super forum user
A Kurdziel

An employee has just finished for the day (btw its Friday). She gets up from her workstation (a lab bench but that’s not relevant) and turns around and walks straight into a pillar cutting her head. A first aider puts on a dressing and she goes home. On Sunday she is still feeling queasy and so goes to A&E and they diagnose concussion and tell her to stay away from work until she feels better. It’s Friday again and day 7 is approaching. Is it a RIDDOR? I know the line (reg 2(2)(c))about in connection with work etc. I also know about the key factors: • ‘Manner of conducting an undertaking’- the pillar is just there, nobody left there after she sat down. • ‘Plant etc used for the purposes of the undertaking’- a pillar is not plant or work equipment, we don’t service it etc. • ‘Condition of the premises’- the pillar is immaculate, recently refurbished, painted white. We have not had a RIDDOR for 2 years and there is a feeling that if we get this wrong we will blot our perfect record. Any advice please?
jwk  
#2 Posted : 23 January 2015 11:44:04(UTC)
Rank: Super forum user
jwk

I suppose my only question would be about the proximity of the workstation to the pillar??? But on balance I guess I think, on the evidence provided, that I wouldn't report this one. People do sometimes just walk into things (I know I have!), John
Ian Bell  
#3 Posted : 23 January 2015 11:50:58(UTC)
Rank: Super forum user
Ian Bell

But surely the company/organisation are responsible for the work room layout for the workstations etc. Possibly a human factors issue - loss of spatial awareness
Lawlee45239  
#4 Posted : 23 January 2015 12:26:12(UTC)
Rank: Super forum user
Lawlee45239

A Kurdziel wrote:
An employee has just finished for the day (btw its Friday). She gets up from her workstation (a lab bench but that’s not relevant) and turns around and walks straight into a pillar cutting her head. A first aider puts on a dressing and she goes home. On Sunday she is still feeling queasy and so goes to A&E and they diagnose concussion and tell her to stay away from work until she feels better. It’s Friday again and day 7 is approaching. Is it a RIDDOR? I know the line (reg 2(2)(c))about in connection with work etc. I also know about the key factors: • ‘Manner of conducting an undertaking’- the pillar is just there, nobody left there after she sat down. • ‘Plant etc used for the purposes of the undertaking’- a pillar is not plant or work equipment, we don’t service it etc. • ‘Condition of the premises’- the pillar is immaculate, recently refurbished, painted white. We have not had a RIDDOR for 2 years and there is a feeling that if we get this wrong we will blot our perfect record. Any advice please?
This is an accident, perhaps she has done this task day in day out for the last year, but on that particular day it just happened. I would report it.
Safe AS  
#5 Posted : 23 January 2015 12:38:02(UTC)
Rank: Forum user
Safe AS

I'd report it. Its an accident at work. Let the HSE decide if its worthy of note or not. Mostly likely they'll have no interest in pursuing anything further with it. Also, I wouldn't get hung up on the '"blot on records" issue. As a Safety Professional our interest should be compliance. Also, had this been a member of the public would you look at it differently again?
Alfasev  
#6 Posted : 23 January 2015 12:41:52(UTC)
Rank: Super forum user
Alfasev

As the accident happened in the workplace it is reportable. I would avoid fabricating reasons not to report it to save your record. In my experience organisation who do this under report accident and near misses which can contribute to a culture of obscuring health and safety issues which will eventually manifest itself somewhere, serious accident, claims etc.
Ian Bell  
#7 Posted : 23 January 2015 12:48:09(UTC)
Rank: Super forum user
Ian Bell

It could be viewed as a 'latent' or 'passive' design error in the layout of the work area.
Scoles  
#8 Posted : 23 January 2015 13:03:43(UTC)
Rank: New forum user
Scoles

Had similar incident, an employee walked into a door! A door they new to be there! I didn't report it, for the extact key factors you mention in your post.
Mr.Flibble  
#9 Posted : 23 January 2015 13:08:28(UTC)
Rank: Super forum user
Mr.Flibble

Just because it happened at work does not automatically make it a RIDDOR. I'm with the 'Does not need to be reported' camp. It was not caused by a work activity or a hazard in the workplace. I have just had a young lady break her foot while stumbling on the stairs; she just started work, lighting was fine, no spillages, stairs were fine and other than her hand bag she wasn't carrying anything so in my eyes not reportable. If she had been carrying a box of files (for example) and had the accident that would be reportable. Its nothing to do with under reporting or fabricating there is just no need to report everything!
chris42  
#10 Posted : 23 January 2015 13:17:17(UTC)
Rank: Super forum user
chris42

Again just because it happened at work does not automatically make it reportable. For me it would depend on the proximity of the post to the work station. If so close that if they were to stand and take one step and hit the post then possibly I would report, if they have to take several then I think not. Also is the post clear ie is the white post against a white background, so it blends in. Sorry my answer is "it depends" Chris
aland76  
#11 Posted : 23 January 2015 13:24:59(UTC)
Rank: Forum user
aland76

On the face of it I wouldn't report unless I identified the location of the workstation / pillar as being the cause of the accident. As for reporting regardless to let the HSE decide if it's worthy, I prefer to keep off the HSE radar and will only stick my head above the parapet if it's warranted :) Alan
A Kurdziel  
#12 Posted : 23 January 2015 13:29:37(UTC)
Rank: Super forum user
A Kurdziel

Score so far 4 to report 3 not to report
stonecold  
#13 Posted : 23 January 2015 13:33:19(UTC)
Rank: Super forum user
stonecold

4 - 4 lol RIDDOR guidance says accidents at work (not work related accidents) leading to over 7 days off etc should be reported. So technically you should report.
stonecold  
#14 Posted : 23 January 2015 13:34:28(UTC)
Rank: Super forum user
stonecold

ignore my comment...dame where is the delete button..i think im actually mistaken
gramsay  
#15 Posted : 23 January 2015 13:34:34(UTC)
Rank: Super forum user
gramsay

stonecold wrote:
RIDDOR guidance says accidents at work (not work related accidents) leading to over 7 days off etc should be reported.
No it doesn't. I'm in the "this is not reportable" camp. Good luck!
gramsay  
#16 Posted : 23 January 2015 13:35:35(UTC)
Rank: Super forum user
gramsay

Sorry stonecold - you must have been writing at the same time as me!
stonecold  
#17 Posted : 23 January 2015 13:36:43(UTC)
Rank: Super forum user
stonecold

gramsay wrote:
Sorry stonecold - you must have been writing at the same time as me!
No probs...im very wrong..in fact im having a `being totally thick week`. Glad its friday the less said about this week the better
Steve e ashton  
#18 Posted : 23 January 2015 13:41:37(UTC)
Rank: Super forum user
Steve e ashton

Not report for me. None of the contributory factors were work related. ..
ashleywillson  
#19 Posted : 23 January 2015 13:42:30(UTC)
Rank: Super forum user
ashleywillson

RIDDOR says: (2) 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 from 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 would interpret this as being reportable personally due to the in connection with work bit. I also wouldn't get hung up on a perfect record. To me, a company with no reports at all ever looks a bit suspicious (especially if the company is 10 years old or so...). Surely it is better to report it and be seen to be taking action then not report at all. And if I am wrong (which I could be - I am not 100% sure!) then the HSE can make that decision!
DP  
#20 Posted : 23 January 2015 13:43:42(UTC)
Rank: Super forum user
DP

Post accident are you going to re-site the desk? Will this area be free of the pillar and could the desk have been sited there in the 1st place?
Xavier123  
#21 Posted : 23 January 2015 13:43:47(UTC)
Rank: Super forum user
Xavier123

Hurray for Fridays! Wasn't going to say anything but since its turned into a numbers game.... I've said my bit before about accidents at work not being the same as work-related accidents. My initial thoughts were thus to be slap bang in the 'not reportable' camp. Just like an economist though, there is always a caveat that comes down to whether there was a specific contribution from the workplace e.g. if the pillar is slap bang in the middle of a walkway etc. i.e. poor design. However I'm happy to make a presumption that you'd have mentioned if the pillar had some odd or daft properties associated with it and thus stay pretty solidly with my initial feeling.
ashleywillson  
#22 Posted : 23 January 2015 13:48:02(UTC)
Rank: Super forum user
ashleywillson

I have to say that, despite my other post, I don't think there is any action to take at all unless the work may have caused disorientation or dizziness (you did mentioned a lab bench?).
jwk  
#23 Posted : 23 January 2015 13:49:21(UTC)
Rank: Super forum user
jwk

Mr Flibble, We had an incident exactly like that at my last place! Turned out the worker was rummaging in her handbag and this caused her to miss the step. My team member who investigated it (a woman and avid handbag collector herself) suggested issuing transparent handbags... I think she was joking....:-) John
Safety Smurf  
#24 Posted : 23 January 2015 14:17:12(UTC)
Rank: Super forum user
Safety Smurf

As this appears to have turned into a vote, I'm in the 'NO' camp.
A Kurdziel  
#25 Posted : 23 January 2015 15:27:40(UTC)
Rank: Super forum user
A Kurdziel

Time for a word picture: The bench has expensive work equipment on it and it will not be being moved any time soon. The pillar is about 18 inches (25 cm?) back from the bench and about 0.5 m from where the person was sitting, to her left. She seems (I have not had a chance to talk to her yet) to have gotten up and forgotten the pillar was there and walked into it. Although this is a lab bench it’s not a smelly chemistry lab, rather a techy type lab.
Roundtuit  
#26 Posted : 23 January 2015 17:17:19(UTC)
Rank: Super forum user
Roundtuit

Based on the information provided I will join in with the current not RIDDOR count and providing the technician turns up for work on Monday. Friday accident (excluded from count), Two days weekend, Monday to Friday off = Seven consecutive days. The incident would fall reportable on Saturday as this would be the day "over seven consecutive" but as this is not a standard work day the next time the technician should be at work is Monday which is when the employer would know for definite. Appreciate it is a bit late in the day but perhaps a quick call enquiring after the technicians health and anticipated return date would have salved the torment. If they remain off on Monday I reserve the right to switch vote as we would have new facts to consider and act upon. What about a nice bright relevant work related poster to attach to the pillar at general eye level - "Caution! Technician leaving work" perhaps...
Roundtuit  
#27 Posted : 23 January 2015 17:17:19(UTC)
Rank: Super forum user
Roundtuit

Based on the information provided I will join in with the current not RIDDOR count and providing the technician turns up for work on Monday. Friday accident (excluded from count), Two days weekend, Monday to Friday off = Seven consecutive days. The incident would fall reportable on Saturday as this would be the day "over seven consecutive" but as this is not a standard work day the next time the technician should be at work is Monday which is when the employer would know for definite. Appreciate it is a bit late in the day but perhaps a quick call enquiring after the technicians health and anticipated return date would have salved the torment. If they remain off on Monday I reserve the right to switch vote as we would have new facts to consider and act upon. What about a nice bright relevant work related poster to attach to the pillar at general eye level - "Caution! Technician leaving work" perhaps...
Gav81  
#28 Posted : 23 January 2015 17:31:11(UTC)
Rank: Forum user
Gav81

Guys I'm on the not reportable side! What you need to decide is if it work related, just because it happened in the workplace it doesn't necessarily mean work related. This may sound strange, but if you take a look at the HSE leaflet INDG453(rev1), it states the following: Not all accidents need to be reported, a RIDDOR report is required only when: ■ the accident is work-related; When deciding if the accident that led to the death or injury is work-related, the key issues to consider are whether the accident was related to: ■ the way the work was organised, carried out or supervised; ■ any machinery, plant, substances or equipment used for work; and ■ the condition of the site or premises where the accident happened. If none of these factors are relevant to the incident, it is likely that a report will not be required. In your case none of these seem to relevant, so I would say don't report.
firesafety101  
#29 Posted : 24 January 2015 11:04:45(UTC)
Rank: Super forum user
firesafety101

IMHO those who say not reportable are on sticky ground. The employee works at a bench where she sits. To leave the premises she has to stand and turn away from her seat and that must be associated with work. If She didn't have to sit down she wouldn't have to stand up. The Pillar is immaculate, whose opinion is that? Painted white, what colour is the background ? If white then the pillar may be "invisible" ? I always have a problem with employers who decide not to report under RIDDOR. Could it be because you don't wish to be placed on a list of accident reports? Why not simply be safe and report the accident and let the RIDDOR people decide what happens next? I have never heard of anyone being criticised / prosecuted for reporting, however there are many employers prosecuted for non reporting.
toe  
#30 Posted : 24 January 2015 12:02:05(UTC)
Rank: Super forum user
toe

Not reportable camp, myself - no work activity. And in any event - I'm my experience HSE or LA will just ignore it any way, I'm sure they would not investigate it, so reporting it to them would serve no purpose, apart from skewing the figures. Remember we should be understanding of the intentions or RIDDOR and not bogged down in the letter of it, this is why we get so many RIDDOR post questions here and differences of opinion of is meaning.
DP  
#31 Posted : 24 January 2015 13:30:55(UTC)
Rank: Super forum user
DP

Another one for the no camp. Fire safety many employers have been prosecuted for not reporting?? Really? I know of a few who have where the offence has been added to further offences but I'm not aware of any cases where there has been a prosecution for a stand alone offence. In be really interested how that past the test of public interest if it's the case. Please enlighten me of these cases ?
firesafety101  
#32 Posted : 24 January 2015 14:08:59(UTC)
Rank: Super forum user
firesafety101

http://www.healthandsafe...sw/tesco-riddor-failures DP I am sure you could have found this yourself but happy to help a non believer anyway.
firesafety101  
#33 Posted : 24 January 2015 14:11:56(UTC)
Rank: Super forum user
firesafety101

firesafety101  
#34 Posted : 24 January 2015 14:13:44(UTC)
Rank: Super forum user
firesafety101

The Above links do not get the full article so I have pasted it here. Supermarket giant Tesco has been prosecuted for not reporting staff accidents properly at two of its Berkshire stores, and for failing to load and unload vehicles safely. Bracknell Forest Council’s environmental health team charged the retailer with four offences, which took place during 2009 and 2010. Council officers discovered Tesco had failed to report two employee accidents at its Warfield store and another at its store at The Meadows in Sandhurst. The failures were uncovered during an investigation into the retailer’s failure to stop an unsafe working practice that involved using a metal plate to unload vehicles at the Warfield store. The company was not training its operational or managerial staff properly to load and unload vehicles, and it had no safe system of work in place. Yesterday (30 March), Bracknell magistrates fined Tesco £14,000 after it admitted failing to ensure employees’ safety, in breach of Section 2(1) of the Health and Safety at Work Act. Tesco was fined a further £34,000 after pleading guilty to three breaches of Regulation 3 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. Two of these charges involved Tesco not reporting accidents by the “quickest practicable means” and the third was a failure to send a report to the enforcing authority within 10 days. Tesco, which operates 2500 UK stores employing more than 287,000 staff, must also pay £25,000 in prosecution costs. David Steeds, head of environmental health at Bracknell Forest Council, said the company’s failure to keep to the rules meant several employees were injured, one quite seriously, and others were put at risk.
DP  
#35 Posted : 24 January 2015 15:01:24(UTC)
Rank: Super forum user
DP

Thanks fire safety fully aware of this case and I could quote you many riddor failures of this type, I'm not a non believer at all just questioning your comment that many employers get prosecuted for failing to report. This case fit my suggested criteria of added to further offences if you read my post again and my question remains? I simply asked if you were aware of any stand alone cases in the many you are aware of? Thank you very much.
firesafety101  
#36 Posted : 24 January 2015 16:25:24(UTC)
Rank: Super forum user
firesafety101

DP, try this one. http://www.hse.gov.uk/enforce/examples/riddor.htm It appears that whenever the HSE stumble upon an unreported accident they will look deeper into the employer's safety culture and come up with other prosecutable offences hence in this case the RIDDOR offence, even though it seems to have been the first offence, was at the bottom of the list of offences. I was once a H&S Consultant and visited a Client, they were a Pub serving proper cooked meals through the day and had been prosecuted by HSE for not reporting a RIDDOR. The accident involved a kitchen assistant who received a bad gash on an arm from a very sharp kitchen knife. As a result of the prosecution they employed my employer and that was the reason for my visit to them. That was a single prosecution.
firesafety101  
#37 Posted : 24 January 2015 16:41:50(UTC)
Rank: Super forum user
firesafety101

I suppose the warning to those who do not report is that HSe, once inside your place of work, and finding your unreported RIDDOR wil undoubtedly look inside your box and dig to see if they can find more H&S breaches. Better not to fall foul and report if you are in any doubt, as A Kurdziel is.
DP  
#38 Posted : 25 January 2015 09:19:38(UTC)
Rank: Super forum user
DP

This is another case of a prosecution with a riddor offence attached to it. I'm still interested in stand alone cases for none reporting of accidents under riddor. I'm not saying they don't exist I'm saying I'm not aware of one.
firesafety101  
#39 Posted : 25 January 2015 12:05:45(UTC)
Rank: Super forum user
firesafety101

You are a hard person to please? In my opinion it will be difficult to find a stand alone prosecution for failing to report because once the HSE bloodhounds are inside your premises and find one they will seek further discrepencies in your H&S systems. And they will find more. If you fail to report accidents what else are you doing wrong, you don't know what you don't know.
DP  
#40 Posted : 25 January 2015 16:39:44(UTC)
Rank: Super forum user
DP

No I'm not an hard person to please at all I'm simply requesting you qualify your statement, which you now have admitted you can't. Matter closed thank you.
firesafety101  
#41 Posted : 25 January 2015 19:17:26(UTC)
Rank: Super forum user
firesafety101

DP my statement was about lots of employers prosecuted, I did not say they were stand alone offences, although I did mention the kitchen worker, that was a stand alone offence, but you choose not to believe me. There are some posters on here who simply enjoy to disagree with others for no particular reason and IMO you are on of those. Never satisfied. Now that is the end of this story :-))
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