Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
pl53  
#1 Posted : 11 October 2010 13:36:03(UTC)
Rank: Super forum user
pl53

Could you give me your opinions please on the following. 60 year old person bends down to pick up a small object from the floor and feels a twinge in his back which he reports. Carries on working. 7 days later goes off sick with lower back pain and is off for 3 weeks. Would you report this or not.
sean  
#2 Posted : 11 October 2010 14:02:38(UTC)
Rank: Guest
Guest

I would say it is RIDDOR, it sounds like the employee tried to carry on working but got to the point where he couldn't continue anymore, and therefore went off sick. The injury occurred at work, so it should be reportable.
Paul Duell  
#3 Posted : 11 October 2010 14:30:12(UTC)
Rank: Forum user
Paul Duell

Based on what you've said, maybe: I'd need to know more about the employee. 1) Does he have a history of back problems? What caused the twinge when he bent over might not be what sparked off the latest problem - back pain is cyclical and this current sick period might have been coming anyway. 2) What did the employee do in the intervening seven days? I've had people complain of serious back pain on a Monday, which they attributed to manual handling on Friday. With a bit of probing, turns out they spent the weekend laying a new patio at home... 3) Did the pain gradually get worse through the seven days as Sean is inferring, or was he fine on some of the intervening days? If it was twinge in back - feel fine for six and a half days - off with severe pain, I'd be reluctant to link the two. I'm not saying this isn't a RIDDOR, or that the employee is trying it on: Just that without more detail we can't tell. And yes, if you're confident the current back pain is due to the workplace incident, it's reportable.
brett_wildin  
#4 Posted : 11 October 2010 14:34:24(UTC)
Rank: Forum user
brett_wildin

I have just had very much the same situation and am reporting.(RIDDOR). The employee went off sick during work time.
pl53  
#5 Posted : 11 October 2010 15:15:12(UTC)
Rank: Super forum user
pl53

I normally wouldn't hesitate to report anything that I thought should be a RIDDOR and I probably will report this one. It's just a couple of things that don't sit right. There was no lifting involved, the IP just bent slightly and felt a twinge in his back. He carried on working for a couple of days then went on his rest period (4 on 4 off shifts). He reported in sick on the day he was due to start his next set of shifts. He has been involved in labouring virtually the whole of his working life without any problems and as I said, in this instance there was no lifting or handling involved at all. He just stooped slightly. It seems to me that sometimes we forget what RIDDOR is all about and report everything without really considering the circumstances. Just because an injury occurs in a certain venue doesn't automatically make it a workplace accident. Had, God forbid, the IP had a heart attack while bending to pick something up, would that have been classed as reportable. I don't think so.
Splitpin  
#6 Posted : 12 October 2010 08:33:15(UTC)
Rank: New forum user
Splitpin

I have had this issue before and discussed it with the HSE helpline. They have said this is not reportable and I agree. Anything could have happened in the intervening seven days which could mean the accident is nothing to do with work.
jfenney  
#7 Posted : 12 October 2010 08:44:07(UTC)
Rank: Forum user
jfenney

pl53 wrote:
Could you give me your opinions please on the following. 60 year old person bends down to pick up a small object from the floor and feels a twinge in his back which he reports. Carries on working. 7 days later goes off sick with lower back pain and is off for 3 weeks. Would you report this or not.
I think the fact that he reports the twinge at the time of the incident might be the overiding factor. So in essence the back pain could have been caused by the twinge. If he had not reported it then I agree not a RIDDOR, but in this case I believe I would count this as a RIDDOR. Jurgen
Ron Hunter  
#8 Posted : 12 October 2010 12:29:00(UTC)
Rank: Super forum user
Ron Hunter

Bent down to pick up.........a work object? (RIDDOR) or loose change from his/her pocket (not reportable -and not recordable either, the person is merely off sick). "Arising out of or in connection with work"
ClarkeScholes  
#9 Posted : 12 October 2010 21:26:21(UTC)
Rank: Forum user
ClarkeScholes

Ahh, I love a good moot. Investigate and record in case the poor old so and so is off for some time and decides to "no win, no fee". Pay for him to go to a Chiropractor, too. Won't cost a lot, will do him ten times as much good as a GP and can always be used as evidence that you looked after him. Probably best to report too, for the same reason, but this isn't what RIDDOR was meant for. Discuss: "Rising accident statistics are a result of increased reporting and particularly the reporting of trivial incidents." Sorry to be cynical but I have a hatful of "no win no fees" on my desk. Some of them aren't even my employees, just slinging the old jointly and severally liable mud to see if some will stick. Paul
pl53  
#10 Posted : 13 October 2010 08:16:49(UTC)
Rank: Super forum user
pl53

Sorry but this isn't about someone's personal gripe over no win no fee claims, and it is only loosely about trivial accidents skewing statistics. If you want a discussion about that Clarke I respectfully suggest you start your own thread. HSE helpline were non-commital last night but were leaning towards not reporting. I will ring the incident reporting centre for an opinion today.
Hally  
#11 Posted : 13 October 2010 08:29:03(UTC)
Rank: Super forum user
Hally

ClarkeScholes wrote:
Ahh, I love a good moot. Investigate and record in case the poor old so and so is off for some time and decides to "no win, no fee". Pay for him to go to a Chiropractor, too. Won't cost a lot, will do him ten times as much good as a GP and can always be used as evidence that you looked after him. Probably best to report too, for the same reason, but this isn't what RIDDOR was meant for. Discuss: "Rising accident statistics are a result of increased reporting and particularly the reporting of trivial incidents." Sorry to be cynical but I have a hatful of "no win no fees" on my desk. Some of them aren't even my employees, just slinging the old jointly and severally liable mud to see if some will stick. Paul
We've had a claim put in for a non RIDDOR accident. HSE inspector said we should have reported it but the employee went home for half a day, and it's not a RIDDOR. He seemed to be of the opinion it would cover us better in case. Accident report he filled out compared to what he is claiming is different, along the same lines but now he no longer works here it seems to have become more serious than it was. Claim culture in this country is getting to be like the US.
Ron Hunter  
#12 Posted : 13 October 2010 22:14:05(UTC)
Rank: Super forum user
Ron Hunter

Hally, RIDDOR over 3 day isn't just about absence, it's about being unable to carry out the full range of normal duties. The HSE Inspector may have had a valid point?
Users browsing this topic
Guest
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.