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Herb  
#1 Posted : 16 September 2021 10:56:02(UTC)
Rank: Forum user
Herb

If a member of staff reports an accident and then comes into work for three days and then goes off work for more than 7 consequetive days, is this still reportable to HSE as there has been a break in time from when the accident happened and has been in work? No specified injury at all. Thanks

Roundtuit  
#2 Posted : 16 September 2021 11:13:02(UTC)
Rank: Super forum user
Roundtuit

Not reportable.

The counter starts with the next working day (shift) after the incident, on that day you state they worked.

Roundtuit  
#3 Posted : 16 September 2021 11:13:02(UTC)
Rank: Super forum user
Roundtuit

Not reportable.

The counter starts with the next working day (shift) after the incident, on that day you state they worked.

CptBeaky  
#4 Posted : 16 September 2021 12:08:02(UTC)
Rank: Super forum user
CptBeaky

Riddor 2013 non-fatal injuries to workers

(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 can't see anything in that that specifies when the clock starts. I always assumed it would be reportable, no matter when the injury was, as long as the absence was as a direct result of the accident.

thanks 1 user thanked CptBeaky for this useful post.
Evans38004 on 16/09/2021(UTC)
Roundtuit  
#5 Posted : 16 September 2021 12:18:16(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: CptBeaky Go to Quoted Post
Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) 

Roundtuit  
#6 Posted : 16 September 2021 12:18:16(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: CptBeaky Go to Quoted Post
Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) 

CptBeaky  
#7 Posted : 16 September 2021 13:55:55(UTC)
Rank: Super forum user
CptBeaky

An obvious interpretation situation then. I interpret it as the IP has been off for 7 consecutive days, none of which included the day of the accident. Which means it is reportable. Rounduit seems to interpret it differently, suggesting that the "excluding the day of the accident" implies that the start date *is* the day of the accident.

That is the great thing about RIDDOR, it is very woolly, or whatever the vegan replacement is ;)

peter gotch  
#8 Posted : 16 September 2021 16:07:54(UTC)
Rank: Super forum user
peter gotch

I'm with the Captain.

You do not count the day of the accident - that seems agreed.

Then you have to consider whether the accident is causative of over 7 days' absence (or not being able to perform normal duties - what in the US would be a "Restricted Work" case).

Not that uncommon for the full extent of the injury to take a while to show.

So, unless you can persuade yourself that the original incident is not causative of the time off, then reportable in my book.

The most extreme example in my own experience was one we counted as a fatality (so forget all the 7 days etc!).

The victim was a joiner working in a flat being refurbished. A single floor board had been lifted necessarily for his work so he fell a maximum of 340mm. Hurt his ankle. Exacerbated the injury by tripping on the edge of a pavement and then an embolism kicked in, and he died some days later. Nowhere in the timeline could we see any break in the causality.

Which is also a reminder that RIDDOR is not about assigning blame - it's administrative legislation designed to help count levels of accidents and other outcomes. There was never a breach of legislation in a proverbial month of Sundays in terms of the joiner's very unfortunate accident. 

thanks 1 user thanked peter gotch for this useful post.
CptBeaky on 17/09/2021(UTC)
Roundtuit  
#9 Posted : 16 September 2021 16:17:45(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: Herb Go to Quoted Post
No specified injury at all

So the accident was...and the reason for absence was....

Roundtuit  
#10 Posted : 16 September 2021 16:17:45(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: Herb Go to Quoted Post
No specified injury at all

So the accident was...and the reason for absence was....

Kate  
#11 Posted : 17 September 2021 07:15:14(UTC)
Rank: Super forum user
Kate

"Specified injury" just means what used to be called a "major injury" which is reportable regardless of any absence. 

So when asking a question about how an absence is counted, it does make sense to rule out there being a specified injury which would make the question academic.  

Edited by user 17 September 2021 07:17:03(UTC)  | Reason: Added second para

thanks 1 user thanked Kate for this useful post.
CptBeaky on 17/09/2021(UTC)
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