Myself and my colleague are scratching our heads on this one, if someone could help us out?  One of our workers received a scratch to the eyelid from plastic strapping in work.  She was in work for two days after, then went to an optician who prescribed medication as the eyelid was infected.  Unfortunately she then had an allergic reaction to the medication and has been off work for more than 7 days.  I don't believe this is RIDDOR reportable as it is a reaction to the medication not the acccident directly that is causing the absence, but we want to be sure.  Any advice please?

Agree not reportable, time off was not due to the work accident, but reaction to medication.

Not sure about the advice to not report. Surely the reaction to the medication would not have happened if they had not injured their eye at work? I think I would report anyway, just to on the safe side.

I can categorically state that this is not reportable.  I had a very similar incident with an employee some years ago.  A small grain of paint pigment entered the employee's eye when he rubbed it whilst still wearing his gloves after taking off his goggles.  He went to the local eye hospital who put drops in his eye to disclose any scratches to his cornea and had an allergic reaction.  Sadly the reaction was so bad he ended up virtually blind in the affected eye.  In those days you could ring HSE for advice and I was told that it was an unfortunate medical accident and not reportable under RIDDOR.

Not reportable.

Never report just to be on the safe side as all you do is show your lack of competence in understanding the regulations.

Given the number of RIDDOR or not on these forums perhaps there are still some core technical competencies for iosh to crack

Originally Posted by: Roundtuit

Given the number of RIDDOR or not on these forums perhaps there are still some core technical competencies for iosh to crack

You don't need to be IOSH registered/trained to use this forum. Beyond that I agree that RIDDOR reporting needs a greater emphasise, or failing that the rules easier to navigate/understand.

Maybe a flow chart would be the answer....

Personally I was making reference as to how members of iosh can change their mind between posts or even within the same post when it comes to the topic of RIDDOR.

Originally Posted by: jwk

Originally Posted by: fairlieg

Not Reportable

14.—(1) (such operation, examination or other treatment being conducted by or under the supervision of a registered medical practitioner or a registered dentist), the requirements of regulations 4, 5, 6(1) and 12(1)(b) do not apply.

http://www.legislation.gov.uk/uksi/2013/1471/pdfs/uksi_20131471_en.pdf

I read that to apply where the primary injury is caused by the operation. Does it apply where the primary injury is caused by work and then exacerbated by treatment? The chain of causality goes back to the work injury,

Confused of Clapham,

John

Treatment casued an allergic reaction resulting in lost time.  I dont see where in the regulation it states that there must be a primary injury it says "any examination or other medical treatment".  Take out the verbage that does not apply and it reads

"Where the injury arises out of the conduct of any other medical treatment of, that person"

The cut never caused the infection, bacteria did that (beyond the employers control unless they work in a microbiology lab)

If they had received different treatment not causing a reaction this thread would not exist

RIDDOR has nothing to do with causality, liability or blame. It is simply a requirement for employers to report to the HSE work related accidents, whoever’s fault it is.

So you have a work related incident which is described in the legislation you must report it to the HSE.

Yes you could argue that there is chain of causation between the original injury and the person developing the latter injury from medical treatment. This chain might be strong enough for legal action or it might not: this is a very contentious area. Bu this has nothing to do whether it is RIDDOR reportable.

As such this is not RIDDOR reportable.