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Louise Bamford  
#1 Posted : 19 May 2016 10:48:32(UTC)
Rank: New forum user
Louise Bamford

Hi all Looking for some clarification as the guidance is unclear. Construction site operative has tweaked his back during manual handling on a building site and is off work as a result. He has now declared he has a pre-existing back condition (with hindsight he shouldn't have been doing the task!!), however is likely to now be off work in excess of 7 days. Will this be reportable considering he has a pre existing condition that he aggrevated at work? Many thanks! Louise
Sunstone  
#2 Posted : 19 May 2016 10:57:12(UTC)
Rank: Forum user
Scotty C

Hi Louise. Yes, this will be reportable if he is off for more than 7 days. Cheers
Xavier123  
#3 Posted : 19 May 2016 11:13:01(UTC)
Rank: Super forum user
Xavier123

Howdy I've said it before, I'll say it again. This idea that an injury automatically qualifies for RIDDOR consideration at all is incorrect. The HSE website quite clearly makes the point, in black and white, that 'injuries themselves, eg ‘feeling a sharp twinge’, are not accidents'. http://www.hse.gov.uk/riddor/key-definitions.htm If there is not an accident, then it fails at the first hurdle of reportability under RIDDOR. Was there an actual accident or was this just 'normal' work?
Jimothy999  
#4 Posted : 19 May 2016 11:13:18(UTC)
Rank: Forum user
Jimothy999

Agree, it will be reportable. The accident that caused this time off was connected to the work he was doing. Can be annoying if your accident stats are tuned to RIDDOR's but the law is pretty straightforward on this. Obviously investigation to prevent a recurrence will need to look at why this person did not report his pre-existing problem or why management did not respond to him if he did. Will be worth mentioning findings and corrective actions in the submitted RIDDOR report in case a HSE inspector decides to cast his eye over it.
SP900308  
#5 Posted : 19 May 2016 11:21:52(UTC)
Rank: Super forum user
SP900308

Louise Bamford wrote:
Hi all Looking for some clarification as the guidance is unclear. Construction site operative has tweaked his back during manual handling on a building site and is off work as a result. He has now declared he has a pre-existing back condition (with hindsight he shouldn't have been doing the task!!)
Louise, did your organisation make reasonable enquiries to establish any pre-existing conditions prior to his commencement of work? Or, has he suddenly remembered this 'pre-existing' condition? Simon
Louise Bamford  
#6 Posted : 19 May 2016 11:27:42(UTC)
Rank: New forum user
Louise Bamford

Thank you, I suspected that was the case.... The plot thickens a little... and I would be interested I your opinions... The 'ground worker' who has hurt his back, hasn't declared his pre existing back problem prior to starting work. He was placed through a labour agency, to a groundworker company... neither the agency or the company asked whether he had any pre existing condition. The grey area.... The agency shouldn't have placed a worker with a pre existing condition to carry out groundworks The company receiving him should have checked he was 'fit for the task' The worker shouldn't have applied for a ground work position with a pre known back condition??? Who held the responsibility???
Xavier123  
#7 Posted : 19 May 2016 11:40:35(UTC)
Rank: Super forum user
Xavier123

Jimothy999 wrote:
Agree, it will be reportable. The accident that caused this time off was connected to the work he was doing. Can be annoying if your accident stats are tuned to RIDDOR's but the law is pretty straightforward on this.
What accident? HSE has a definition for accident and I'm not seeing it being met based upon the description given. The pre-existing condition clearly has wider management implications as highlighted.
WatsonD  
#8 Posted : 19 May 2016 11:59:49(UTC)
Rank: Super forum user
WatsonD

Xavier 123 If he hurt himself whilst trying to lift and object, would this not be considered an accident? "Construction site operative has tweaked his back during manual handling on a building site and is off work as a result". It has a definite cause and effect, not just a case of someone getting out of a chair
Jimothy999  
#9 Posted : 19 May 2016 12:01:12(UTC)
Rank: Forum user
Jimothy999

Xavier123 wrote:
Jimothy999 wrote:
Agree, it will be reportable. The accident that caused this time off was connected to the work he was doing. Can be annoying if your accident stats are tuned to RIDDOR's but the law is pretty straightforward on this.
What accident? HSE has a definition for accident and I'm not seeing it being met based upon the description given. The pre-existing condition clearly has wider management implications as highlighted.
You raise a very interesting point that I had not considered. I can see how some back injuries could have an accidental cause: e.g. I've had bin men hurt themselves trying to stop a bin from toppling off of a kerb, but as you say just bending down to pick up an item and then having the back pain has no separate, identifiable unintended event that caused the injury. I'm wondering how many RIDDOR reports are not counted in the HSE stats because of this or do they just use the numbers that are submitted? Thank you Xavier, this one goes on my learning point list (it's very long!). Louise, please review my first response in light of Xavier's advice.
Jimothy999  
#10 Posted : 19 May 2016 12:17:18(UTC)
Rank: Forum user
Jimothy999

WatsonD wrote:
Xavier 123 If he hurt himself whilst trying to lift and object, would this not be considered an accident? "Construction site operative has tweaked his back during manual handling on a building site and is off work as a result". It has a definite cause and effect, not just a case of someone getting out of a chair
As noted above, I think I was wrong on my first response and Xavier is correct. The key word here is unintended. The injury will normally be unintended but the event that caused it may have been entirely planned, e.g. lifting a bag of cement. Check Xavier's link, it mentions repetitive lifting specifically.
Xavier123  
#11 Posted : 19 May 2016 12:52:06(UTC)
Rank: Super forum user
Xavier123

Jimothy999 wrote:
I can see how some back injuries could have an accidental cause: e.g. I've had bin men hurt themselves trying to stop a bin from toppling off of a kerb, but as you say just bending down to pick up an item and then having the back pain has no separate, identifiable unintended event that caused the injury.
Bang on the nail as far as I'm concerned. ;)
WatsonD wrote:
If he hurt himself whilst trying to lift and object, would this not be considered an accident? "Construction site operative has tweaked his back during manual handling on a building site and is off work as a result". It has a definite cause and effect, not just a case of someone getting out of a chair
Correlation does not equal causation in regards to manual handling as it is often the cumulative exposure (or pre-existing issues or a whole host of other bits and pieces) that are ultimately responsible. Accident is defined by the HSE for a reason and there are definitely some grey areas still. I don't consider this to be one of them. The injury is unintended. The task and event were not. Once you divorce the injury from the event, you'll see why there is no accident. Otherwise you run the risk of arguing that every manual handling event is a near-miss.
SP900308  
#12 Posted : 19 May 2016 13:11:36(UTC)
Rank: Super forum user
SP900308

Louise Bamford wrote:
The grey area.... The agency shouldn't have placed a worker with a pre existing condition to carry out groundworks The company receiving him should have checked he was 'fit for the task' The worker shouldn't have applied for a ground work position with a pre known back condition??? Who held the responsibility???
Not a grey area, I'd suggest all parties could be deemed responsible in this case and somewhat in the order you've shown: 1. Employment Agency (did they carry out necessary checks on worker)? 2. Employer [your business] (did your business check for such information from agency)? 3. Employee (did employee declare pre-existing health issues if requested)?
WatsonD  
#13 Posted : 19 May 2016 13:19:52(UTC)
Rank: Super forum user
WatsonD

I see. As you say this was not an accident. Thanks for clarifying.
David Thomas  
#14 Posted : 19 May 2016 23:13:54(UTC)
Rank: Forum user
David Thomas

RIDDOR- with regards accidents - is not a suitable tool to report any progressive type of work related Ill health. With regards back pain too uncomfortable to attend work decide which 'events' have caused the situation.... Depending on the route leading to back pain it's very difficult.
chris42  
#15 Posted : 20 May 2016 09:30:48(UTC)
Rank: Super forum user
chris42

I agree with Xavier123 it is not automatically reportable, but to be clear the HSE statement “Injuries themselves, eg ‘feeling a sharp twinge’, are not accidents. There must be an identifiable external event that causes the injury, eg a falling object striking someone. Cumulative exposures to hazards, which eventually cause injury (eg repetitive lifting), are not classed as ‘accidents’ under RIDDOR.” I have always taken this to mean that if the person has had a hard day or weeks work and felt a slight twinge then not reportable as it is just from repetitive use. However, if there was a clear specific task that they were doing, ie “breaking their Balls” to lift something or doing it very awkwardly then this is reportable. Ie I would consider this an accident as there was a specific incident. I think some could read the above posts and think that no manual handing injury was reportable, where I personally don’t think this is the case. In fact the HSE report on Manual handing injuries, so must be interested in the ones from specific events. The OP just states it was from manual handling, not if it was a specific task or a cumulative effect. Chris
Safety Smurf  
#16 Posted : 20 May 2016 17:14:15(UTC)
Rank: Super forum user
Safety Smurf

chris42 wrote:
I agree with Xavier123 it is not automatically reportable, but to be clear the HSE statement “Injuries themselves, eg ‘feeling a sharp twinge’, are not accidents. There must be an identifiable external event that causes the injury, eg a falling object striking someone. Cumulative exposures to hazards, which eventually cause injury (eg repetitive lifting), are not classed as ‘accidents’ under RIDDOR.” I have always taken this to mean that if the person has had a hard day or weeks work and felt a slight twinge then not reportable as it is just from repetitive use. However, if there was a clear specific task that they were doing, ie “breaking their Balls” to lift something or doing it very awkwardly then this is reportable. Ie I would consider this an accident as there was a specific incident. I think some could read the above posts and think that no manual handing injury was reportable, where I personally don’t think this is the case. In fact the HSE report on Manual handing injuries, so must be interested in the ones from specific events. The OP just states it was from manual handling, not if it was a specific task or a cumulative effect. Chris
Manual handling injuries are not limited to strains and sprains. If I pick up a box without checking it first and the contents fall through the bottom and break my foot, that would be reportable.
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