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Posted By NatashaL
Hi
I wondered if anyone could advise me on this?
We are a training company, last week a student dislocated their shoulder whilst attending a training course. Prior to our courses commencing all students are required to fill out a medical and fitness form. The student did not write down on the form that this was a re-occuring problem.
Under the RIDDOR regulations it says that Dislocated shoulders are reportable but would this still apply in this case? Am i best to fill out a form and send it away?
Sorry i may be being stupid!!!!
Thanks
Natasha
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Posted By Andy Walker
Natasha,
In my opinion yes.
If you ring the HSE line they'll tell you for definate.
Andy
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Posted By The toecap
Your not being stupid. You would be stupid if you didnt ask. Remember, being competent is knowing when to ask for assistance. I would report this to be on the safe side and in case the student tries to make a claim.Did the student go to hospital? If so a RIDDOR report must be done ( I'm sure).
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Posted By Paul Leadbetter
Natasha
Did the injury 'arise out of or in connection with work'?
Paul
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Posted By NatashaL
Hi
The student did go to hospital after the exercise to be checked over by the doctor. I will complete the form and get it sent out. Do i need to send anything else along with the form?
Thanks for everyones help
Natasha
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Posted By John Mackessack
Hi Natasha,
Report it.
We had a similar occurence recently with an employee who had declared a pre-existing condition but had not had any problems for years. He dislocated his shoulder performing a very basic task and we reported it in.
Our local friendly HSE on a recent visit said they wouldn't look at the RIDDOR due to the employee's history.
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Posted By Stuart C
Natasha - you havent said what the student was doing at the time he/she dislaocted a shoulder, if it were while actually doing the training (assumingi ts physical in nature) or if it was a slip/trip due to the environment that the training is delivered in the it is reportable.
Whether or not student disclosed the fact that this was a frequent occurrence makes no difference as to its reportability
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Posted By Salus
Natasha, how come the person got through to the training course without completing your pre training form.
Sounds like this company procedure needs to be tightened up before the same thing happens again.
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Posted By NatashaL
The student was doing an abandonment exercise in the pool and was being pulled along by another student when the dislocation happened.
The student had completed his pre-course enrolement form and medical fitness form he did not mention anything about it though.
Natasha
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Posted By Rob Yuill
Natasha,
Your quite correct that under RIDDOR a Dislocated shoulder is a major and therefore notifiable, however as the person was not at work this puts a different slant on things.
If a person not at work suffers a dislocated shoulder for it to be a RIDDOR, they have to be taken to hospital from the place where the accident ocurred, if they go under their own steam it is not reportable.
and so says the RIDDOR ACOP & guidance .......
"(c) any person not at work suffers an injury as a result of an accident arising out of or in connection with work and that person is taken from the site of the accident to a hospital for treatment in respect of that injury";
45 Any injury to a person who is not at work (eg a hotel or care home resident, pupil or student, or a customer in a shop) must be reported if it:
(a) results from an accident arising out of or in connection with work; and
(b) results in them being taken from the premises where the accident occurred to a hospital, by whatever means (for example, by taxi, private car or ambulance).
46 The phrase in regulation 3(1)(c): ‘Taken from the site of the accident to hospital for treatment’ describes a situation where someone is taken to hospital because it appears that some medical attention may be necessary. There is no requirement to check that treatment is actually administered by the hospital. The injury must still be reported in cases where the person does not receive
treatment.
Note the "and" at the end of 45 (a), it's important!
Rob
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Posted By John Murgatroyd
It was a student, being trained.
Presumably the student was on a training course at the time of the incident and was under some sort of instruction ?
Still, the HSE reckons that only 50% of reportable incidents are ever reported, and among self-employed it falls [sic] to lower than 20%.
So don't report it. Your chances of having your collar felt are minimal, your chances of ending in a court are lower than minimal.
If there's no chance of making the national newspapers then the HSE never bother.
It must be a funny old government agency really, more power than the police but less bottle than a cringing coward (unless there's a chance of a good story in the nationals)
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Posted By mdg
i've always found the RIDDOR helpline useful when dealing with unusual acidents. we recently had a student taking a short cut across our office grounds late at night and he managed to impale himself on the fence. HSE helpline was unsure whether reportable, RIDDOR helpline was the same, in the end i reported it just in case
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