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Jon-P  
#1 Posted : 27 May 2010 10:27:34(UTC)
Rank: Forum user
Jon-P

Hi all, Would this become RIDDOR reportable:- A full time employee has suffered a minor injury to his arm whilst NOT at work. The employee has claimed that the use of a hand held piece of equipment, which is a vital part of their role is making the injury worse. We arranged for the employee to undergo an assessment with Occ health and they have advised 8 weeks on “light duties” and have confirmed the hand held tool is causing further problems. I am aware that if an employee cannot perform their “full normal duties” for more than 3 consecutive days this then becomes reportable under RIDDOR. My main question is – because the hand help piece of equipment has made the injury worse whilst within working time is this then reportable. Point to note:- The employee has actually admitted within an interview with his line manager, that he did not have the initial accident whilst at work. Thanks for your help everyone.
Ron Hunter  
#2 Posted : 27 May 2010 10:39:19(UTC)
Rank: Super forum user
Ron Hunter

No. The injury itself did not arise out of or in connection with work.
Jim Tassell  
#3 Posted : 27 May 2010 11:34:02(UTC)
Rank: Forum user
Jim Tassell

I agree totally with Ron. Beware though and have a word with your HR wonk because this rings DDA alarm bells with me. Temporary disability.... I know enough to pass the hot potato on asap!
redken  
#4 Posted : 27 May 2010 11:45:51(UTC)
Rank: Super forum user
redken

If you were making the assessment after the off site injury but before he used the work equioment then I would say no. However since he has now used work equipment that has resulted in a work restriction, to quote Occ Health " the tool is causing further priblems", I would say you should report.
Clairel  
#5 Posted : 27 May 2010 11:46:01(UTC)
Rank: Super forum user
Clairel

Not reportable as didn't occur at work or as the result of a work activity. In fact as it occured outside of work you have no duty to accommodate them at all. Of course you shouldn't be compelling them to do a job that aggravates that injury, becuase then you would be liable. But if they can't do their normal job you could just send them home until they recover. What I mean by that is...if I broke my leg whilst doing something in my spare time then my employer is not obliged to accommodate me in another role whilst I recover. If I broke my leg I couldn't drive and therefore couldn't do my job and if I don't get sick pay (other than statutory sick pay of course) that's my look out. I know cause something similar happend to me when I lost my voice for several months (yes, I've had all the jokes!!) but my employer refused to give me a non speaking role and I ended up sat at home without full pay until I recovered. Not sure how the new Fit Note fits into all that though? Of course a nice employer would accommodate that person whilst they recover - sadly I've not worked for any of those employers (except when I worked for the Gov't of course)!!!
Clairel  
#6 Posted : 27 May 2010 11:47:20(UTC)
Rank: Super forum user
Clairel

redken wrote:
If you were making the assessment after the off site injury but before he used the work equioment then I would say no. However since he has now used work equipment that has resulted in a work restriction, to quote Occ Health " the tool is causing further priblems", I would say you should report.
Under what part of Riddor? It wasn't a 3 day injury or a major injury, so...??????
firesafety101  
#7 Posted : 27 May 2010 11:54:26(UTC)
Rank: Super forum user
firesafety101

Not reportable however keep all records of Occ Health involvement - you never know...............................
redken  
#8 Posted : 27 May 2010 12:53:02(UTC)
Rank: Super forum user
redken

Claire,being lazy I took the original posters's remark about "full normal duites" at face value. The regulations say "where a person at work is incapacitated for work of a kind which he might reasonably be expected to do," So that would be another debate.
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