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#1 Posted : 27 August 2004 10:44:00(UTC)
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Posted By Thomas, Andrew
If an employee has a sick note (is on lengthy absence for stress) is this reportable to HSE under RIDDOR?
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#2 Posted : 27 August 2004 11:04:00(UTC)
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Posted By Heather Aston
I would say not. This is not an "accident" as such. Stress is not a reportable disease (yet!) and anyway how could you be sure it was entirely work-related anyway?

To extend the question. An employee develops a form of WRULD over a period of time (NOT from a specific incident) that is not one of the defined reportable diseases. He eventually goes off work - do you report it?

Second example - An employee hurts his back lifting - again not from a specific incident but over s shift or two. He works quite happily for two weeks after reporting the problem, then goes off with a back problem that he says is related to the incident - do you report this one?

These are both real examples.

Heather
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#3 Posted : 27 August 2004 11:25:00(UTC)
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Posted By Francis MSc MIOSH RSP
We have gone into this with the HSE and what we were told was that Stess in itself is not reportable under RIDDOR- except (work-related) Post Traumatic Stress Disorder. However the whole subject of what you are doing about Stress is a matter that concerns them.
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#4 Posted : 27 August 2004 13:06:00(UTC)
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Posted By Neil Pearson
RIDDOR is such a nightmare. Someone's nicked my guide, so I'll be re-ordering it as soon as I finish typing this, but from memory -

(a) Stress is not a reportable disease.

(b) Some WRULDS are reportable (after clinical diagnosis): tenosinvitis is I think, as is tennis elbow. I seem to remember carpal tunnel syndrome listed? Someone with the full guidance to hand can check.

(c) The back problem is an injury and could be reportable due to the over-3-day rule, despite the delay in its onset.
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#5 Posted : 27 August 2004 13:12:00(UTC)
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Posted By Lorna Morris
I work in Social Services where employees are at significant risk of assault. We have reported stress where it is clearly linked to a particular event, i.e. serious assault - usually of a physical nature. I think that the person may really be suffering from PTSD but if the sick note says stress, that's what goes on the F2508.
I think it depends on the nature of the work & as an ex-enforcement officer, I would rather 'play safe' & report than be penalised for not doing so later.

Lorna
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#6 Posted : 27 August 2004 13:14:00(UTC)
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Posted By Lorna Morris
Further to my previous reply & before you all throw your hands up in horror, we report it as an over 3 day incident. I am aware that stress is not a reportable disease.

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#7 Posted : 27 August 2004 13:41:00(UTC)
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Posted By Heather Aston
Neil

Yes I know that SOME specific diagnoses of WRULD are reportable diseases, which is why I said it wasn't one of these. So if it's not tendonitis, carpal tunnel syndrome or any of these but just a vague "RSI" on he doctor's cert - what do people here do?

I also realise that the back problem "could" be reportable. We DO tend to report these incidents. My question was what would the reat of you do?

Heather
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#8 Posted : 27 August 2004 14:12:00(UTC)
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Posted By Neil Pearson
Sorry I misunderstood Heather, just trying to help. My own answer is that I would report a clinically diagnosed reportable disease, and I would not report anything else unless it was an injury or a dangerous occurrence. I would report the back problem as an injury if it triggered the 3-day rule or some other trigger for reporting.

At some undefined point a long-term or slowly-developing back problem could be viewed as an illness rather than an injury, and I might not consider reporting it as an injury. I can't say exactly where the cut-off is, and I'd be interested to see other people's views on this. I tend to deal with such things case-by-case in co-operation with occ health people.
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#9 Posted : 27 August 2004 14:16:00(UTC)
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Posted By Neil Pearson
To add a bit more detail: I would not report on the basis of a sick note saying "RSI", but I would ask an occ health physician to investigate and give a clinical diagnosis (if the person concerned agrees to disclosure).
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#10 Posted : 27 August 2004 14:26:00(UTC)
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Posted By Heather Aston
Neil

I would do pretty much exactly the same as you've said. However we're fortunate in having an OH dept to help us out here - so are you presumably from what you've said?

In my experience (from what my OH dept tells me) there are a worrying number of GPs who put "tenosynovitis" (apparently this can be fairly readily specifically diagnosed) on a certificate when actually it's nothing of the kind. Conversely there are those who put "wrist pain", when actually it's teno....

We don't generally report WRULD cases unles and until we've had a specific diagnosis by our OH dept. I knwo that's not strictly what the law says, but in the early days I ended up reporting WRULD cases that ultimately turned out not to be reportable, by going on the GP's say so alone.

The condition that develops slowly over a period of time - be it back problem or RSI - is a very difficult one and I'd be prepared to bet it leads to considerable under reporting since most people don't consider that an accident has occurred.

Heather
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#11 Posted : 27 August 2004 15:26:00(UTC)
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Posted By Neil Pearson
Again I can't quote verbatim from my missing guidance, but I seem to remember the requirement is to report a listed disease if the employer is notified of it by a registered medical practitioner. Is this your understanding Heather? To me this means that I shouldn't report anything unless I have a clinical diagniosis of one of the specified diseases. I also interpret the law to mean that the employer is not under a duty to actively pursue a diagnosis, but only to report one if it lands on his/her desk. In fact I do tend to pursue a diagnosis anyway, and you obviously do too. We do have a dedicated OH service here, in fact the OH personnel actually outnumber the H&S people!
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#12 Posted : 27 August 2004 15:38:00(UTC)
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Posted By Heather Aston
Neil

Yes I agree with your interpretation. My problem is when a diagnosis of one of the WRULD reportable diseases comes from a particular local GP who I know isn't the most accurate - I don't report to HSE until I have it confirmed by our OH Dept.

Don't tell HSE! (usually only takes a day or two mind so they probably wouldn't be bothered)

Heather
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#13 Posted : 27 August 2004 16:16:00(UTC)
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Posted By David Mains
How topical, I reported an over 3 day absence due to stress yesterday!

In this instance an incident occurred and two weeks later the employee has produced a self cert. stating stress due to the incident. A GP's line is to follow.

The reasons for reporting are 1. an absence of over 3 days that the employee claims is due to an injury at work. In my opinion whether you believe him or not is irrelevent. 2. you are covering yourself for any subsequent legal claims.

I would doubt that any HSE inspector would want to follow up this kind of incident however, I will let you know in a couple of months time!

Maybe this is why my organisation has so many F2508's compared to others!
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#14 Posted : 27 August 2004 16:56:00(UTC)
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Posted By Neil Pearson
Heather, I think your policy is very sensible. Mind you I would say that as it's the same as mine! I don't believe any HSE Inspector would complain. You're getting a second opinion from someone at least as competent and whose input you know is consistent. It shows proactive management and doesn't suggest you're hiding anything. I've always been quite open about this sort of thing without anyone complaining so far.
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#15 Posted : 21 September 2004 11:56:00(UTC)
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Posted By ken mosley
Sorry this is a bit late but I've only just read it. I think that the majority of your replies have missed the point in trying to relate stress to a disease. It is not and the WHO have stated this, but, it may be considered as an injury. I have taken advice from Andrew Peel who is both a clinical psychiatrist and practising lawyer (specialising in stress) and his advice is that where it can be established as work related stress is an injury. However, discussions with HSE have revealed that whilst this may well be a work related injury it is advised not to report it as an over 3 day injury under RIDDOR. So, you could say stress can technically be a work-related injury from which a person could be absent from work for more than 3 days, but you are advised not to report it.
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#16 Posted : 21 September 2004 17:38:00(UTC)
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Posted By Eric Burt
According to the HSE, their definition of stress is " the adverse reaction...." etc etc

If HSE classed stress as an injury, then they would call it an injury and not "an adverse reaction".

RIDDOR does not mention reporting "adverse reactions" therefore there is no need to report it.

HSE can't have it all ways - if they want us to report stress, then call it "an inury" and include it under RIDDOR.

This whole topic is a can of worms though, because as a previous contributor mentioned - how does the employer know if it is work-related (especially as most employers don't ask on their sickness absence forms if the ill-health was work related).

Maybe an ACoP from HSE may help to clarify.

Eric


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#17 Posted : 21 September 2004 21:39:00(UTC)
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Posted By Jack
15 responses when a simple NO would have sufficed!
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