Rank: Guest 
|
Posted By 247hero
On Thursday an employee sat on a table and it collapsed. He fell and was off work with a sore back. He was off work the following day and returned on Monday. On the Saturday night he was seen out clubbing with friends. His usual job is in a call center as a call handler so nothing strenuous or physical, so I believe that although a weekend, he was in fact fit enough to perform his normal duties. I don't think the 3 day rule can still therefore apply, and whilst I'm not going to lose any sleep over this,(and yes I've pretty much made up my mind what I'm going to do) I would be interested to know peoples opinions.
Thanks in advance
|
|
|
|
|
|
Rank: Guest
|
Posted By The toecap
Very interesting. How do you know his back was okay on Saturday? How reliable is the spotting of this person? How do you know the Injured person wasn't swining the lead to begin with and decided to have a long weekend of anyway. See if there is a history or trend with this person from future occurences and make your assumptions from that. I personaly wouldn't report it but i would look at the sick note first and do a retuirn to work interview.
|
|
|
|
|
|
Rank: Guest
|
Posted By Heather Collins
It's not a "3 day rule". It's more than 3 days not including the day of the accident.
So provided he returned to normal work on the Monday this cannot be reportable regardless of what happened over the weekend.
|
|
|
|
|
|
Rank: Guest
|
Posted By willhiem
is it a 3 work days or 3 days?
i have always gone for the later. if you have an accident on monday and are off till friday that reportable, but if you have an accident on wednesday and dont come back til monday its not yet you have had 5 days not 3. I'm sure i saw this dealt with before, i cant remember.
|
|
|
|
|
|
Rank: Guest
|
Posted By Heather Collins
We've been over this so many times on this forum. We REALLY need an FAQ.
It's MORE than 3 days. Any days, not working days. Saturdays, Sundays, days rostered off, holidays, Bank holidays. Just days.
|
|
|
|
|
|
Rank: Guest
|
Posted By 247hero
Appologies, it was wednesday... and there's no thread that I can see involving someone being seen night clubbing over the weekend, hence the post.... although I agree an FAQ on some subject matter would be useful, RIDDOR is not one of those and thats been proven by the many many differences of opinion and interpretation over the years since the wretched thing was introduced.
And once again, before anyone jumps down my throat, it's just my opinion! God only knows this profession, well certainly some contributors to this forum are against such things. Still... a firefighter
Rant over. Opinions still appreciated
|
|
|
|
|
|
Rank: Guest
|
Posted By Heather Collins
Here's what we'd do.
Return to work interview on the first day back (documented) at which we'd ask the employee if he feels he would have been able to come to work on Sunday if it had been a working day.
If he says yes. Problem solved, do not report the accident.
If he says no. Ask him how he reconciles that with being out on the town on Saturday night and remind him of his duty towards the company to mitigate his injury so that he is fit for work. In most cases this will result in an admission that actually he was fit on Sunday. End of problem.
If he still maintains he was not fit on Sunday (which seems unlikely as he has nothing to gain from this point of view) then by law you should report it (I suggest many companies would not) but if I did I would make it clear that there was some dispute over whether he was fit to work on the Sunday. The words "IP alleges that..." speak volumes to HSE who have seen it all before.
In any event we would refer him to our OH Dept for advice and possible further treatment from a physio if needed.
|
|
|
|
|
|
Rank: Guest
|
Posted By Mitch
If a reliable witness has seen the IP (I hate acronyms)taking part in an activity out of work which suggest they are fit for work this is HR, and yes it is over 3 days.
|
|
|
|
|
|
Rank: Guest
|
Posted By 247hero
Many thanks guys,
I'll hand him over to HR. Dusting my hands and moving onto more important things...
regards to all
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.