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#1 Posted : 10 February 2007 15:42:00(UTC)
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Posted By DAMIEN HELLO, NEW TO THIS SITE, BUT LOOKING FOR A BIT OF HELP. MY PARTNER HAS BEEN IN HER CURRENT POSITION FOR APPROXIMATELY 6 MONTHS. INITIALLY WHEN SHE WAS INTERVIEWED FOR THIS POST SHE WAS TOLD THE JOB SPECIFICS. THIS DIDN'T INCLUDE THE PARTICULAR MANUAL HANDLING THAT SHE HAS BEEN UNDERTAKING FROM ALMOST DAY ONE (IN FACT SHE WAS TOLD AT THE INTERVIEW THAT THIS WAS SOMEOBODY'S ELSE'S ROLE). EARLIER THIS WEEK, AFTER HER MORNING SHIFT (WHICH HAD CONSISTED OF THIS PARTICULAR MANUAL HANDLING) HER BACK HAD BECOME EXTREMELY PAINFUL, SO MUCH SO THAT SHE HAD TO GO TO HER GP THE NEXT DAY. HER GP DIAGNOSED THAT SHE HAD LUMBAR BACK PAIN AND HAS SIGNED HER OFF FOR 2 WEEKS IN THE FIRST INSTANCE. WHEN SHE CONTACTED HER EMPLOYER TO INFORM THEM OF THIS AND TO ASK ABOUT SENDING IN THE GP NOTE, SHE ALSO ASKED IF SHE COULD REPORT THE INCIDENT. THEY TOLD HER THAT IT COULDN'T GO ON AN ACCIDENT REPORT AS THEY DIDN'T CLASS IT AS AN ACCIDENT. I CAN SORT OF UNDERSTAND THIS, BUT ARE THEY OBLIGED TO HAVE A H&S POLICY IN PLACE FOR REPORTING SUCH 'INCIDENTS'? IF THEY HAVEN'T HOW CAN PROCEDURES/PRACTICES ETC EXPECT TO IMPROVE? TO MAKE MATTERS WORSE, SHE HASN'T BEEN GIVEN ANY FORM OF MANUAL HANDLING TRAINING THROUGHOUT HER TIME IN THIS JOB. IS HER EMPLOYER OBLIGED TO ENSURE THAT SHE HAS HAD ADEQUATE MANUAL HANDLING TRAINING? IN MY JOB, MANUAL HANDLING TRAINING IS MANDATORY AND THERE ARE REFRESHER COURSES ON A REGULAR BASIS (AND MY ROLE CONSISTS OF A LOT LESS MANUAL HANDLING). MY EMPLOYER ALSO HAS PROCEDURES IN PLACE FOR NOT ONLY 'ACCIDENTS', BUT 'INCIDENT REPORTING', FAULT REPORTING, 'NEAR-MISSES' - IN FACT PRETTY MUCH EVERYTHING! ANY GUIDANCE YOU COULD GIVE WOULD BE MOST APPRECIATED. THANKS FOR YOUR TIME.
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#2 Posted : 10 February 2007 16:16:00(UTC)
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Posted By Kate Graham Damien If she is doing manual handling as part of her job then her employer should provide manual handling training and should also have a risk assessment for the manual handling task which identifies the issues with the task and what precautions are taken to prevent injury. Reporting is more of a grey area because it can be hard to prove what the cause of back pain is. Kate
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#3 Posted : 10 February 2007 16:20:00(UTC)
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Posted By Kate Graham You may find this page helpful in explaining the employer's responsibilities: http://www.hse.gov.uk/msd/risk.htm
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#4 Posted : 10 February 2007 18:09:00(UTC)
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Posted By Kieran J Duignan Damien The short answer is that your partner should have the advantage of a documented risk assessment, training, adequate information and health surveillance. As you omit indicating the sector she is working in, it could be misleading to suggest how to appropriately influence her management at all levels. Apppropriate tactics depend on two sets of factors: on the one hand, norms prevailing in the sector she works and her own economic value to the employer as well as the values and personality of her line manager; on the other hand, how resourceful and committed you can be in supporting her. Having observed - as a chartered safety and health practitioner and registered ergonomist - how badly people have suffered physically, economically and legally from musculoskeletal injuries at work, literally every time I stretch at work, I remind myself to be careful about injuring my back. It is diffult to be too cautious about her resuming any work involving manual handling without every possible safeguard.
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#5 Posted : 10 February 2007 18:09:00(UTC)
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Posted By RP A report should be made. It is down to the employer to record it and investigate, possibly to report the over 3 day absence to HSE.
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#6 Posted : 10 February 2007 20:19:00(UTC)
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Posted By Kate Graham Yes - if the manual handling was the cause of the back injury (which it's not possible to diagnose over the internet!) then this injury has to be reported under RIDDOR by the employer and it would be a criminal offence for them not to do so - see www.riddor.gov.uk Kate
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#7 Posted : 11 February 2007 12:40:00(UTC)
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Posted By DAMIEN HELLO AGAIN, REF. SOME OF THE POINTS MADE, MY GIRLFRIEND WORKS FOR WHAT I SUPPOSE WOULD BE CLASSED AS A CATERING COMPANY, BASED IN A COLLEGE. HER ROLE IS TO FILL,CHECK AND CASH UP THE VENDING MACHINES ON THE CAMPUS, ORDER THE RELEVANT STOCK AND DO THE STOCK TAKE ETC. THE FILLING OF THE MACHINES INVOLVES A SMALL AMOUNT OF MANUAL HANDLING, WITH A TROLLEY ETC, WHICH MY G/F HAS NO ISSUE WITH. THE PROBLEM SEEMS TO BE THAT 9 TIMES OUT OF 10 MY G/F IS ALSO LEFT ON HER OWN TO LIFT AND PUT AWAY THE DELIVERIES OF NEW STOCK COMING IN (EVEN THOUGH SHE WAS TOLD AT HER INTERVIEW/INDUCTION THAT THIS WAS SOMEONE ELSE'S JOB AND THAT SHE NEEDN'T WORRY ABOUT IT). THESE DELIVERIES CONSIST OF DOZENS OF HEAVY CRATES CONTAINING BOTTLED DRINKS/CANS ETC. I'VE SEEN THESE SORT OF CRATES BEFORE AND THEY MUST EACH CONTAIN AROUND 36 BOTTLES/CANS (OR MORE) WHICH IS A CONSIDERABLE WEIGHT. THESE HAVE TO BE CARRIED AND LIFTED INTO A SMALL STORE ROOM FOR STORAGE (DONT EVEN GET ME STARTED ON THE STORE ROOM). DUE TO THE SIZE/LAYOUT OF THIS STORE ROOM THE CRATES ARE STACKED, SO THERE ISN'T EVEN THE OPTION OF BREAKING DOWN THE CRATES AND CARRYING IN THE STOCK IN SMALLER QUANTITIES.
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#8 Posted : 11 February 2007 12:44:00(UTC)
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Posted By Kieran J Duignan Damien Several respondents have offered information relevant to the the complex and possibly delicate situation your girlfriend is in. Is there anything further you/she need from us at this juncture in order to take next-step action? If there is, what might it be?
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#9 Posted : 11 February 2007 16:40:00(UTC)
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Posted By William This sounds as if it may be an employment law issue as well, as she is doing tasks not in her job description. If it was me i would tell them i was not do anything which was not in the job description, its not as if they can discipline you for not doing your job as if its not in the job description then its not part of the job. They should definitely have supplied her with manual handling training in my opinion and if she feels the injury was caused by her work and she is signed off for more than 3 working days, then it is reportable under RIDDOR. If you do down the road of claiming compensation then it will be up to the lawyers to argue over whether the injury was related to her work or not, but they would most likely request her doctor to fill out a form asking about any previous back problems. Hope this helps.
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#10 Posted : 12 February 2007 01:05:00(UTC)
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Posted By Ken Taylor She is entitled by law to make an entry in the Accident Book (former BI510) and to inform her employer that she has sustained injury through work activity. The employer must then report the injury if it falls within the criteria for reporting under the RIDDOR Regs. As it sounds like she has not seen a manual handling risk assessment for the tasks involved or been trained for them and that she has evidence of being required to do this work, there seems to be a good case against the employer.
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#11 Posted : 12 February 2007 16:23:00(UTC)
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Posted By Dave Faragher Hello Damien, Does your partner have a job description?, has a suitable and sufficient risk assessment been carried out by a competent person?, Has your partner had adequate training? is your partner a member of a trade union? if not a visit to the local citizens advice bureau might be advisable. D Faragher
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#12 Posted : 14 February 2007 07:05:00(UTC)
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Posted By Paul Horsburgh You can try the website www.trainthetrainer.co.uk as they provide Manual Handling Trainer Courses as well as others such as First Aid Trainer Courses.
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#13 Posted : 14 February 2007 18:13:00(UTC)
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Posted By DAMIEN HELLO AGAIN, IN RESPONSE TO SOME OF THE QUESTIONS/VERY HELPFUL COMMENTS POSTED. 1)MY G/F HAS NEVER BEEN GIVEN A COPY OF HER JOB DESCRIPTION. 2)I CAN'T SAY FOR SURE, BUT I DOUBT A RISK ASSESSMENT HAS BEEN CARRIED OUT. IF THE STOCKROOM IN WHICH SHE HAS TO PUT THE DELIVERIES/SUPPLIES IN, IS ANY INDICATION, THEN I WOULD SAY NO. I SUGGESTED TO MY G/F THAT SHE TAKE A PHOTO (WITH HER MOBILE) OF THE STOCK ROOM SOME TIME AGO AND IT DIDN'T LOOK PARTICULARLY SAFE - IT WAS FAR TOO SMALL, WITH LITTLE ROOM TO MANOEUVRE AND THE CRATES WERE STACKED TOO HIGH. 3)MY G/F HAS HAD NO MANUAL HANDLING TRAINING. 4)MY G/F HASN'T SIGNED A CONTRACT (AND THEREFORE DOESN'T HAVE A COPY). 5)MY G/F ISN'T IN A TRADE UNION AND I'M NOT AWARE THAT HER EMPLOYER IS LINKED TO ONE (OTHER EMPLOYEES HAVE HAD VARIOUS ISSUES, WHICH I THINK WOULD HAVE BEEN BROUGHT TO THE ATTENTION OF A TRADE UNION). I WOULD ADD THAT MY G/F ISN'T ONE TO MAKE A FUSS, BUT I THINK THE SITUATION NEEDS TO BE HIGHLIGHTED. I HAVE SUGGESTED THAT WE OBTAIN A COPY OF HER CONTRACT (WHICH SHE MIGHT ACTUALLY BE ABLE TO SIGN) AND A COPY OF HER JOB DESCRIPTION/DUTIES. PRESUMABLE SHE IS ENTITLED TO THESE? AS IT HAPPENS, HER EMPLOYER CONTACTED HER BY PHONE YESTERDAY EVENING AND INFORMED HER THAT THEY NEEDED TO COMPLETE AN 'ACCIDENT FORM' TO COVER THEM AND MY G/F. THEY TOLD HER THAT THEY COULD FILL IN THE DETAILS OVER THE PHONE. I'VE TOLD MY G/F THAT SHE NEEDS TO SEE THIS FORM. AS SHE HASN'T SIGNED IT YET, IS IT BINDING? ALSO, IS SHE ENTITLED TO ASK FOR A COPY. I KNOW THIS MAY SEEM A LITTLE OVER THE TOP, BUT ONE OF HER COLLEAGUES SENT A P45 TO THE HEAD OFFICE AND THEY LOST IT 4 TIMES! ANY HELP ON THIS ONGOING SAGA, WOULD BE MOST APPRECIATED. THANKS AGAIN.
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#14 Posted : 14 February 2007 18:43:00(UTC)
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Posted By Kieran J Duignan Hello Damien Your reference to 'head office' may explain why local managerment may be fumbling. It is possible that they simply don't understand their own responsibilities. Yet I'm sorry to say that in a sense that can make matters more difficult as your g/f may in effect be trying to negotiate with several people at a distance who are accustomed to dealing with employees as 'bits of paper' or as 'noise' on the phone or by email. If you can, find a coach who is familar with employment, health and safety law and willing to coach you/her to an effective solution. He/she should ideally be a corporate member of both the IOSH and the CIPD (the professional society of HR executives). A tough learning experience.
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#15 Posted : 15 February 2007 17:22:00(UTC)
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Posted By Ken Taylor The employer fills in the F2508 form to report a reportable injury to the HSE or Env Health but she is entitled to make an entry in the Accident Book (former BI510). There may also be an internal (employer's own) accident form or book.
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