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jste7e  
#1 Posted : 28 January 2016 13:29:29(UTC)
Rank: New forum user
jste7e

Hi - after some thoughts on submitting a RIDDOR report We have an Employee who has been off work with back pain for 7 days He reported several weeks ago that he felt a pain in the back while loading an item onto a van using ramps - logged in accident book. He continued work that day and for the rest of the week plus the following 2 weeks. he called in sick a week ago with back pain and has now been off for 7 days I'm thinking it does not need reporting as there was no accident and HSE states " RIDDOR requires deaths and injuries to be reported only if there has been an accident which caused the injury" and HSE also state "Injuries themselves, eg ‘feeling a sharp twinge’, are not accidents" After speaking to the IP , he states there was no external event - no falling , slipping , tripping etc Appreciate any thoughts on this
martin1  
#2 Posted : 28 January 2016 15:57:08(UTC)
Rank: Super forum user
martin1

Cover yourself and report. The fact that the IP indicated this happened at work classes it as potentially work related. Feeling a sharp twinge may not be an accident but if the sharp twinge results in 7 days off I'd record it as one. Needs to be over 7 days for a RIDDOR remember. Remember - back pain can be cumulative. He could claim he had been lifting or moving items at some point before he felt the actual pain.
jste7e  
#3 Posted : 28 January 2016 16:15:38(UTC)
Rank: New forum user
jste7e

Thanks Martin , The Guide line are quite vague - but they do also state "Cumulative exposure to hazards, which eventually cause injury (eg repetitive lifting) , are not classed as 'accident' under RIDDOR " its all very confusing
Xavier123  
#4 Posted : 29 January 2016 09:15:56(UTC)
Rank: Super forum user
Xavier123

Hi jste7e Not reportable. You'll get a variety of responses on here to a RIDDOR query like this. There will undoubtedly be people who disagree with me. You'll have to make up your own mind. Here is my argument: Leaving aside covering yourself and any other factors...this is a legal notification. Only being considered because of the law. So ignore everything that isn't in the Regulations or associated guidance. RIDDOR 2013 '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...' Three things need to be considered: 1. Was there an injury arising from an accident? 2. Did the accident arise out of or in connection with work? 3. Were they incapacitated for more than 7 days? That is all. All three must be present for it to be reportable. Its quite clear in the law. Happily, the HSE have actually got very clear guidance on this matter too as you've already pointed out. Injuries themselves are not an accident. In your case you only have an injury but no accident. The term accident and the term injury are used exclusively within the Regulations and they do not mean the same thing. So it fails at the first hurdle and is therefore not reportable. Obvious disclaimer: the injury is likely arising from a mixture of factors which may well include work activities. You should investigate and take action as necessary BUT that still doesn't make this reportable either.
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