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Posted By Mark Drury
Good evening all
I'm asking for some information regarding claims we have received for WRULD. I have recently been told a number of employees are making claims because they have suffer upper limb disorders through work. Some have not taken any absence from work, there has been no medical diagnosis, just accident reports stating injury WRULD. the couple of employees who have had time off only self certificated again not producing any medical reports.
Is there any grounds for a claim?
The other question is:
One employee has asked for light duties because of pain in her shoulders, which we have agreed to. Only to be told by a union rep, this is RIDDOR reportable.
The task we have given is within the usual duties of the employee, so to my way of thinking I would not deem this reportable, as no absence has been taken and according to RIDDOR the employee is still able to 'perform normal duties'.
I would appreciate your thoughts and opinions.
Mark
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Posted By Paul Leadbetter
Mark
The alleged conditions would only be reportable under RIDDOR if the diagnoses were made by a doctor.
Paul
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Rank: Guest
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Posted By Adrian Watson
Dear mark,
Possibly not; however, if you fail to carry out proper investigations there is likely to be.
I suggest you:
1. Get all of the people who complain of injury examined by a suitably qualified doctor to determine whether there is a recognisable injury.
2. Engage a competent person to carry out a task analysis and to determine whether there are common risk factors in the workplace that could cause or materially contribute to the risk of injury.
3. Take any necessary actions identified, including informing the workforce.
These actions will prevent further injuries if the complaints are real and limit the potential for claims if they are not.
Regards Adrian
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Rank: Guest
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Posted By Kieran J Duignan
Mark
The first thing to address is whether any of the complaining employees has suffered severe pains for over a year; if he/she has, it's a good idea to send him/her to a rheumatologist reasonably soonq.
Otherwise proceed systematically and ask for some medical evidence in writing if you are in doubt. The nightmare scenario is when none show you anything in writing but prefer to trade in hearsay: one of them quotes at second hand what their physiotherapist allegedly says, another quotes what their osteopath allegedly says and a third says their chiropractor says something else again.
The serious difficulty underlying your question is that vulnerability to WRULD differs amongst employees according to their ages, body measurements and musculoskeletal history. So, exactly the same workstation, even with adjustable seating, worksurfaces and lighting, may well present different hazards and different risks to different employees.
The health and safety issue is further complicated by the impact of disability and age discrimination and by the unfortunate fact that the training of HR professionals is so weak about health and safety.
From a legal perspective, one or more of your employees may have a valid claim under any or all of the HSC Management of Health and Safety at Work Regs 1999, the HSE Health and Safety (Display Screen Equipment) Regulations 1992 as amended in 2002, the Disability Discrimination Act 1995 and the Age Equality Regulations 2005.
Responding appropriately to the situation as you outline it may be as much a matter of diplomacy as it is of technical proficiency.
If you commission a registered ergonomist who's a chartered safety practitioner and has experience as an expert witness on MSD claims. he or she should be able to make a contribution which provides you with a specification for a robust path ahead or with robust evidence you can use in a county court or employment tribunal, depending on the whether you get a claim for damages for personal injury or illegal discrimination or both.
Make sure that you and your HR colleagues (if you have any) consider the discrimination issues as well as the safety/health ones, as claims under the discrimation heading are generally far higher than in the OSH field.
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