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OliverWallace  
#1 Posted : 21 November 2018 15:30:35(UTC)
Rank: Forum user
OliverWallace

Hello all.

I wanted to gauge your feedback on your approach to minor injuries. We have a production and warehouse facility and there is lots of manual handling operations. I'm interested to know what course of action you might recommend in dealing with minor injuries i.e. small bump on the head, something knocking into somebody.

In these instances, where it is reported we fill out the accident book buand then decide if to report to RIDDOR (depending on the severity) or investigate/update RA etc.

Management are concerned with what we do when we determine that an accident such as a small bump on the head is minor, no treatment is necessary and the worker returns to work. They are specifically concerned about the worker turning round claiming problems at a later date i.e. concussion, headaches etc. Should organisations have employees sign a waiver of sorts if we recommend medical treatment but they refuse?.

Thanks in advance.

Roundtuit  
#2 Posted : 21 November 2018 16:32:16(UTC)
Rank: Super forum user
Roundtuit

You would be wasting time and paper - you cannot ask an individual to sign away rights for injury or death.

You can make a note on the accident record that they were advised to "attend hospital, see their doctor etc." but declined at the time and that is the best you can do.

After all are you medically qualified to determine if they actually do need treatment or just trying to salve management conscience.

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 23/11/2018(UTC), A Kurdziel on 23/11/2018(UTC)
Roundtuit  
#3 Posted : 21 November 2018 16:32:16(UTC)
Rank: Super forum user
Roundtuit

You would be wasting time and paper - you cannot ask an individual to sign away rights for injury or death.

You can make a note on the accident record that they were advised to "attend hospital, see their doctor etc." but declined at the time and that is the best you can do.

After all are you medically qualified to determine if they actually do need treatment or just trying to salve management conscience.

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 23/11/2018(UTC), A Kurdziel on 23/11/2018(UTC)
biker1  
#4 Posted : 21 November 2018 17:05:56(UTC)
Rank: Super forum user
biker1

Do you have an internal incident reporting system? This would record far more detail on the incident for future reference. The statutory accident book is a very basic record of an accident, good if you have nothing else, and at the end of the day doesn't come under health and safety legislation, but social security. And no, you can't require employees to sign away future rights to claims.

Kate  
#5 Posted : 21 November 2018 19:13:53(UTC)
Rank: Super forum user
Kate

I'm a bit confused about what the scenario is.  First you mention medical treatment not being necessary, then a disclaimer if medical attention is advised and refused.  It can't be both at the same time - unless you would deliberately advise medical attention when none is needed!

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A Kurdziel on 23/11/2018(UTC)
Roundtuit  
#6 Posted : 21 November 2018 22:03:22(UTC)
Rank: Super forum user
Roundtuit

In the insurers world where waivers were permitted bad employers would have the dying signing disclaimers to negate claims against their negligence - I smell a managment ethos not wholly originating in the UK where even a paper cut would result in the suggestion of hospital treatment "just in case"

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A Kurdziel on 23/11/2018(UTC), A Kurdziel on 23/11/2018(UTC)
Roundtuit  
#7 Posted : 21 November 2018 22:03:22(UTC)
Rank: Super forum user
Roundtuit

In the insurers world where waivers were permitted bad employers would have the dying signing disclaimers to negate claims against their negligence - I smell a managment ethos not wholly originating in the UK where even a paper cut would result in the suggestion of hospital treatment "just in case"

thanks 2 users thanked Roundtuit for this useful post.
A Kurdziel on 23/11/2018(UTC), A Kurdziel on 23/11/2018(UTC)
OliverWallace  
#8 Posted : 22 November 2018 09:23:31(UTC)
Rank: Forum user
OliverWallace

Morning, yes we use an old style accident book but have recently develpoed an accident / incident investigation procedure and determine at the time of the accident based on severity what level of investigation is required. We would then consult with the individual in the very minor cases to confirm if they feel happy to return to work and document that discussion.

The reason for the sceptatism is we have had two false claim attemps in 18 months from individuals who returned to work immediately but later tried to claim for injury. Fortunately we have been lucky with CCTV and witness statements and a thorough investigation at the time.

I was just curious on the advice you might have to improve on the way we approach this.

Thanks. 

aud  
#9 Posted : 22 November 2018 13:03:50(UTC)
Rank: Super forum user
aud

When you say 'depending on severity' is that severity of injury or the potential severity - looking at the circumstances and whether they represent a significant risk (ie need to act) or trivial, no potential for a more serious event.

As a SP I am concerned primarily with prevention - managing future risk. I care little about claims, being something that has already happened, you can't manage safety well reacting to claims or even civil findings.

However, the severity of an injury is down to chance, and so little can be derived from thryong to monitor by injury. With your new system you could set up a risk rating for any incidents, and that way you know you are looking at the opportunity to learn and improve.

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A Kurdziel on 23/11/2018(UTC)
OliverWallace  
#10 Posted : 22 November 2018 13:23:10(UTC)
Rank: Forum user
OliverWallace

Both I guess, severity of the accident would determine the level of the accident investigation/root cause and review of RA & Work Instructions and the potential severity of an incident or near miss should force us to look into our systems and see what changes should or could be made depending on the liklihood.

I like the suggestion for risk rating incidents.

I'm very much focused on prevention rather than reactive cure but I'm working within a very outdated and patchy system which I'm slowly trying to improve. 

aud  
#11 Posted : 22 November 2018 16:18:05(UTC)
Rank: Super forum user
aud

There was recently a discussion thread on rating accidents. Sorry can't make hyperlink. Search for Accident / "Incident rating or ranking system" or under Aud posts.

safeandshiny  
#12 Posted : 22 November 2018 17:31:41(UTC)
Rank: Forum user
safeandshiny

Hi i work in a food factory where bumps and cuts were a regular occurence- we have since collated all of our reports and now with better maintenance and mandatory bump caps for certain areas dependent on risk (eg access under a conveyor) these have been significantly reduced

I know this doesnt answer as you still need to log and investigate the injuries but hopefuly any repeat issues included any specific individuals can be assessed and areas of problem can be addressed

I would also get a witness statement and make use of cameras to determine actual vs injured persons account as this can also be very different and a camera in place has saved us so much time, money and resource for certain investigations

Regarding a claim at a later date then even with the best processes some people will always try but if you know you have the relevant r/a, training, and deal with unsafe acts/ violations etc accordingly then you are doing all you can.

johnmurray  
#13 Posted : 23 November 2018 05:44:18(UTC)
Rank: Super forum user
johnmurray

"

"when we determine that an accident such as a small bump on the head is minor, no treatment is necessary and the worker returns to work"
That, above, is why they want the disclaimer. They are deciding whether it is an injury and then want the employeee to take responsibility for their ignorant opinion.
Your "disclaimer" will not be worth the ink it is written in. Just had a look...yes, it is the 21st century....thought we had gone back a few...
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Elfin Davy 09 on 23/11/2018(UTC)
safeandshiny  
#14 Posted : 23 November 2018 08:54:30(UTC)
Rank: Forum user
safeandshiny

I would still do an investigation. My company is by no means perfect and an investigation for any accident is required. Time consuming yes and can it be better yes but investigations for bumped heads and minor cuts have enabled us to get to root causes that isn’t always a workers fault such as sharp edges on a new piece of kit. Or because we have old plant some pipes are low and access now requires a bump cap on overhead tracks.

Edited by user 23 November 2018 08:59:16(UTC)  | Reason: Hopefully misread

James Robinson  
#15 Posted : 23 November 2018 13:01:38(UTC)
Rank: Forum user
James Robinson

So "management" have 2 options based on what you have said;

- employ a Doctor on your site to give a qualified medical opinion at that time on fitness to resume work

- or send the injured party to A&E regardless of whether they want to go or not

Neither of which is pratical, realistic, nor will it prevent any individual putting in a claim whether they have signed a disclaimer or not (worthless bits of paper). Perhaps they may be better having a solicitor on site all the time?

Your first aiders will be saying to the injured parties; "I'm calling you an ambulance", "if you have these sypmtoms then you should take yourself off to A&E", "your ok to get back to work now". If managment can't live with these situations then see above.

safeandshiny  
#16 Posted : 23 November 2018 13:32:52(UTC)
Rank: Forum user
safeandshiny

James I think you have misread what I have put I wasn’t saying our first aiders send anyone to hospital for minor cuts or bumps. I was just saying a quick log at least can identify trends. We aren’t frightened of a claim either as we have some good systems in place and a pretty good safety culture that we have built up over the years I’m new on here but my goodness is this a healthy debate or is it making others feel silly for asking something
James Robinson  
#17 Posted : 23 November 2018 13:41:37(UTC)
Rank: Forum user
James Robinson

Safeandshiny.

Ok that's fine.

Yes there a lots of ways of trying to identify trends and clusters - site maps (location), activty, task, etc. It is good to be able to see the "bigger" picture that and individual incident in isolation may not show. I suppose the issue is getting enough data from the accident book (which will be very limited) to enable you to do this, which may mean coming up with some additional in house forms/investigations/etc.

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