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#1 Posted : 08 December 2006 12:09:00(UTC)
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Posted By BB Sorry, I know this is a hardy perennial but..... Employee tweaks back at work, apparently tightening a bolt (not a significant risk). This happens on a Tuesday - it is promptly reported. He works the rest of the week. The following week (6 days later) he has 4 days off and on return to work attributes this to aforementioned tweaking of back at work. I suppose this is a riddor report, what say you?
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#2 Posted : 08 December 2006 12:11:00(UTC)
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Posted By ITK CMIOSH Reportable.
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#3 Posted : 08 December 2006 12:25:00(UTC)
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Posted By JPK Definately!
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#4 Posted : 08 December 2006 12:56:00(UTC)
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Posted By James Perry Simply on a matter of "covering thy backside", I say yes. But 6 days for symptoms to develop?? I think this individual may be using the time for a "long" weekend. I know its very easy to make a judgement, whilst out of the loop, but there is only one professional more cynical than the H&S Manager, and that's the HR Manager! I have the honour of being both! Suggest you contact HR and check his absence record, so that you can make a judgement of where you really stand. Regards Jim
4 hours, 7 minutes and 13 seconds till it ends for another week!
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#5 Posted : 08 December 2006 13:42:00(UTC)
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Posted By P.R Reportable...yes, Suspicious...possibly.
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#6 Posted : 08 December 2006 14:10:00(UTC)
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Posted By Salus if you have a reporting procedure and all know about it, give him grief for not reporting as in your procedures, also, record the accident as being reported late in your accident book details
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#7 Posted : 08 December 2006 15:00:00(UTC)
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Posted By Lorraine Dixon I agree that to cover your back you could report the incident, but I can't find anything under RIDDOR that says you should. Have you discussed this with the HSE? What you don't want to do is to set a precedent where employees may injure themselves at the weekend and then attribute it to being a work injury, which potentially could lead to a claim for the company.
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#8 Posted : 08 December 2006 15:44:00(UTC)
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Posted By ITK CMIOSH This is the relevant part of RIDDOR. 57 An over-3-day injury is one which is not 'major' but results in the injured person being away from work OR unable to do the full range of their normal duties for more than three days.
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#9 Posted : 09 December 2006 22:27:00(UTC)
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Posted By Red Ones And the next line says, "you must report it to the enforcing authority within ten days." If that means 10 days of the accident then you have justifiable cause to say "No" considering that they continued to work for 6 days after the accident before taking leave. I would also consider whether the employee had carried out the full range of their normal duties for the intervening 6 days, and even if a weekend (or other compensatory break from work) had occured in the meantime. I am always cautious of these cases, particulary if the injury is cumulative as it is necessary to consider occupational injuries that occur outside the work environment (What if the guy had fallen and twisted his ankle, returned to work for 6 days then took sick leave for 4 days and you knew he played football in the intervening weekend?)
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#10 Posted : 10 December 2006 15:02:00(UTC)
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Posted By Pugwash Let's take a different tack. If, on the balance of probabilities, you consider that the absence is not work related, despite what the injured person alleges, don't bother reporting it. Put a short note on file explaining your reasoning and move on and find something more important and interesting to do. There are so many clear cut reportable accidents which do not get reported under RIDDOR that the HSE/LA are not going to get at all concerned about one where there is reasonable doubt. You will find plenty of people here who will disagree with this approach but just pause and ask yourself what the likely consequences will be if you do not report it. It is likely there will be none at all. There are only a certain number of working hours in each day. We need to prioritise our time to get the more important stuff done.
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#11 Posted : 10 December 2006 20:45:00(UTC)
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Posted By Dan dan We had this bashed out a couple of weeks ago, Myself and Crim relented and changed our view in the end. The scenario was more or less similar apart from my chappie jarred his knee stumbling off a step (didn't fall) came in for a few days but after the weekend didn't. The bottom line is If he is off as a result of any injuries sustained at work any time for a period exceeding 3 days in a one'r then it is reportable. Should the chappie contact an ambulance chaser, they may contact the HSE to see if you reported it knowing that he had 4 or more days off in succession, or for a copy - Yes this has happened as very good freind of mine in Devon and it did prompt a visit from the HSE, who then went into his management system - or lack of. Its down to you bud, I knwo what I'd do explain in the report that he has been to work post accident, I am sure you will be OK
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#12 Posted : 10 December 2006 20:50:00(UTC)
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Posted By Dan dan We had this bashed out a couple of weeks ago, Myself and Crim relented and changed our view in the end. The scenario was more or less similar apart from my chappie jarred his knee stumbling off a step (didn't fall) came in for a few days but after the weekend didn't. The bottom line is If he is off as a result of any injuries sustained at work any time for a period exceeding 3 days in a one'r then it is reportable. Should the chappie contact an ambulance chaser, they may contact the HSE to see if you reported it knowing that he had 4 or more days off in succession, or for a copy of teh report - Yes this has happened to a very good freind of mine in Devon and the lack of reporting did prompt a visit from the HSE, who then went into his management system - or lack of. Its down to you bud, I know what I'd do explain in the report that he has been to work post accident, I am sure you will be OK
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#13 Posted : 11 December 2006 10:26:00(UTC)
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Posted By LZP The injury itself will be a major injury under Regulation 3(1), so it will be reportable if you deem it to be in connection with work activity. I would also be sceptical about this, although it is conceivable.
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#14 Posted : 11 December 2006 10:31:00(UTC)
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Posted By LZP Damn, read the original post wrong...thought it said 'breaks' back. Will be lost time, but would still be sceptical about the injury being resultant from work activity. Would probably report it as outlined above. Lee
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#15 Posted : 11 December 2006 17:32:00(UTC)
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Posted By I McDonald Had same issue three weeks ago. Contacted HSE help desk and behold it is an over 3-day LTA. Was then advised by the reporting centre that even though no medical evidence was submitted from site medical centre or the local hospital where the IP was sent as a precautionary measure, the fact that the IP attended work and then left some time later was not relevant. The perception of the IP that time of was due to a work related injury made it fall under RIDDOR. Reading your outline of events, you can report the event and then if at a later point you identify another cause (i.e. he went on a shopping spree), you can then remove the report from the database. Hope this helps. Ian Mc
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#16 Posted : 11 December 2006 20:27:00(UTC)
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Posted By ITK CMIOSH It is reportable as an over 3 day injury. Had this debate many moons ago with an enforcement official and to cut a long story short the answer was that even though the absence was delayed the over 3 day rule applies and spirit of the regulations is to report anyway. Why worry about reporting it, I do hope persons on here who say this should not be reported have very understanding bosses or inspectors.
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#17 Posted : 12 December 2006 10:10:00(UTC)
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Posted By Darren J Fraser Report it under the Regs. More importantly, investigate the incident, and review the RA and SSOW/s, even if the HSE do decide to investigate (highly unlikely) you will be able to demonstrate that you have done everything possible to reduce the hazard. Part of your investigation will no doubt involve an interview of some description with the IP, at that point you could ask questions about hobbies / weekend activities and consider if there is the remote possibility of any of those being an aggravating factor, which bought the injury to light. Back injuries are notoriously difficult to identify. Symptoms do not always manifest themselves until days or months later, how many times have you experienced some form of back pain and not been able to relate it to anything at that moment in time. It may sound strange, but the weather has a significant impact on back injuries coming to light, cold and damp conditions, generally sees a rise in back pain cases. Please note these are my personal views, from someone whom has had back problems for the last 10 years and whose wife had a disc removed 6 years ago. Both of us are in some pain during the winter, but not so much in the summer.
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