Now I have downloaded the regs for the HSE and looked on legistaion.gov but can't find the answer so as always I'm turning to you guys!

Right scenario is....

..alleged accident happens in the workplace (day of incident) reported by phone to us the following day (day 1 of sickness), self cert note received on Monday (day 5 of sickness), Drs note received on day 6.

Now, this is only alleged as work related as its your typical no witnesses, not reported at the time, no CCTV. Now to my mind we cannot DISPROVE this accident happened so I believe that we have to related it as if it did as he says it did, told his Dr it did and will tell a solicitor that it did.

So first of all do you think that I should treat it as work related as he claims? even though I have no evidence? I have had to do this in a previous company.

If it is to be treated as a work related injury does the clock start on day 1 of the sickness (the following day and when we were first notified) or on day 6 of sickness when we received his sick note?

I think it starts on day 1, the day after the accident as that is when we were notified of it and he said he has seen his GP, been advised to rest and complete the self cert.

If anyone can guide me to where this is in black and white I would much appreciate it

I'd report but you could state on the report your concerns as to the validity of the claim that it is a workplace accident.

See http://www.hse.gov.uk/riddor/reportable-incidents.htm for guidance on the timeframe for reporting which includes the following:

Over-seven-day incapacitation of a worker

Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.

http://www.legislation.gov.uk/uksi/2013/1471/regulation/4/made

Regulation 4

What was the IP actually doing at the time they were injured.  An accident in the workplace does not make it necessarliy make it work related.

Day 1 is the day after the incident when the individual is not available for their normal work duties

This happens to be the day the employee telephoned to say they had an accident - your lack of evidence does not mean it did not happen and the employer would have to defend any claim anyway.

Self-Certs and Doctors notes are reports detailing why an individual is not fit for work for a specified period. Their bearing in RIDDOR is for the type of injury (possible immediate report) and the duration of resulting absence (over 7 day reporting).

Consultant - not the employer and therefore not the person who would be investigated/prosecuted by the HSE for failing to follow RIDDOR

Personally from this I would be looking for a new consultant

Originally Posted by: Roundtuit

Personally from this I would be looking for a new consultant

Allegedly this is why they have employed me. However when it comes to RIDDOR and I tell them something they don't like (like the rules) they run to the consultant who tells them what the want to hear (or so it feels like) and I get overruled.

I am in agreement that its not the consultant that will get prosecuted for failing to report and I have made this clear but falling on deaf ears I'm affraid.

Anyone know of any cases of prosecution for failing to report?

Originally Posted by: A Kurdziel

Originally Posted by: thunderchild

Originally Posted by: Roundtuit

Personally from this I would be looking for a new consultant

Allegedly this is why they have employed me. However when it comes to RIDDOR and I tell them something they don't like (like the rules) they run to the consultant who tells them what the want to hear (or so it feels like) and I get overruled.

I am in agreement that its not the consultant that will get prosecuted for failing to report and I have made this clear but falling on deaf ears I'm affraid.

Anyone know of any cases of prosecution for failing to report?

Is this consultant some sort of performing poodle who just does what management tell them? If so he should go onto Britain Has Talent to raise the  profile of H&S in the UK! The dog acts usually win!

I think its a company that want to keep the client happy and keep being paid. I personnally do not rate them and twice now have questioned their interprtation of RIDDOR, this being one of them but they are telling the client what they want to hear.

I may actually ask the question this week, "why are you wasting money paying me?" as they don't listen anyway.

Right question - wrong subject of enquiry

The key thing to remember is that when you write a RIDDOR report and they ask for how the accident happened, you can use words like ~"allegedly" and "the employee said".  These indicate quite clearly to the HSE that you don't actually believe a word of it but the Law is the Law and you have to report it.

Originally Posted by: A Kurdziel

It is the first full day of work that you count the 7 days from as he is no longer available for his normal job. The aim of RIDDOR- this has been said several times on this forum-is not to apportion blame or to decide liability but simply to report workplace incidents to the HSE so that they can either investigate them or add them to their stats generating machine.

I wouldn't be getting to involved in the 'they arn't taking any notice of what I'm saying' rubbish it is a job they pay your wages to manage and advise on H&S if they don't want to take it then let them do what they want.

I used to let it wind me up but now I say well you have all the information make the decision.

Everyone on here is correct about the reporting timescales - apart from the consultant referred to!

Here is another possibility though and one I have tried to instigate at my workplace (I am still trying).  How about putting the employee through the discipinary procedure for not complying with his statutory duties under HSW Act and MHSWRs and, as such, breaching his contract of employment?  He did not report the accident immediately and potentially, if it was caused by a hazardous situation or peice of equipment, it could have exposed others to the same hazard.