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sarah.blakeway@outlook.com  
#1 Posted : 02 March 2020 14:08:12(UTC)
Rank: New forum user
sarah.blakeway@outlook.com

Hi, we had an employee allegedly trip and badly twist ankle whilst at work, resulted in over 7 day absence - reported under RIDDOR.

Individual placed on amended duties, supported footwear issued, literally on last day of RTW programme and has another alleged (no CCTV evidence, path reasonable condition) trip - now further absence, if this makes it to over 7 days, would you report again under RIDDOR or consider this a continuation? 

My thought would be no as now medical weakness, and therefore continuation of the original incident 

Thanks

MrBrightside  
#2 Posted : 02 March 2020 14:45:42(UTC)
Rank: Forum user
MrBrightside

Hi Sarah,

What did the employee trip on? If it wasn't a defect, trailing cable etc then I would not class it as a RIDDOR as not a caused by a work acitivity.

If it was due to a hazard then, I fear you will need to report unless you can prove the employee is just putting it on.

Invictus  
#3 Posted : 02 March 2020 15:11:37(UTC)
Rank: Super forum user
Invictus

I'm a no, if there was nothing to trip on then the fact they hurt themselves doesn't make it RIDDOR reportable. They could of tripped over thier own feet. There is no evidence that anything happened.

fairlieg  
#4 Posted : 03 March 2020 08:50:24(UTC)
Rank: Forum user
fairlieg

So my question would be was it work related? was he just walking from one place to another or was he actually carrying out a task at the time or was any work being done that cause him to do it "fall" or was there a fault with the pavement.

I don't think you should be considering the previous injury as these are two separate incidents and potentially the second could have resulted in the over 7 day absence anyway, also failing to report could result in the company being fined

I think everyone confuses the spirit of RIDDOR, it's not to do with apportioning blame that’s what courts are for, in any case you would word your report appropriately as it can be used as evidence for a claim or prosecution.  Regardless of whether its RIDDOR or not it will not prevent them from trying to make a claim.  

Is there an underlying issue with this employee and their management or private life that is motivating them to find reasons to take time off

https://www.hse.gov.uk/riddor/key-definitions.htm

RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role:

  • the way the work was carried out
  • any machinery, plant, substances or equipment used for the work or
  • the condition of the site or premises where the accident happened

Edited by user 03 March 2020 08:56:48(UTC)  | Reason: Not specified

CptBeaky  
#5 Posted : 03 March 2020 09:20:51(UTC)
Rank: Super forum user
CptBeaky

Personally, I would report it. We can talk about work-related etc. which mean s you could wriggle out of reporting it, but what have you got to lose? In the report you can mention all the controls you have in place, state your investigation shows the footpath is in good repair (feel free to add photos). The HSE aren't going to investigate you for a trip, unless there was something very dodgy about it. And if they do? So what? Have you got anything to hide? By reporting, should this person make a claim, you are showing you have a positive H&S culture. You have an investigation already in place. And you have evidence that the trip was not the fault of the company.

If you really are dead against reporting though, then you have to ask what the person was doing when they tripped. Did anything "work-related" contribute to the "accident". For example, were they carrying anything? I don't feel you can use "medical weakness" without a medical professional opinion to support you.

As with all RIDDOR, this is all my subjective opinion. There seems to be very few obsolutes in RIDDOR.

Invictus  
#6 Posted : 03 March 2020 09:46:22(UTC)
Rank: Super forum user
Invictus


Thought HSE had tried to move away from the reporting for reportings sake, also if you need to put in a tender for work you have to declare all RIDDOR reports.

CptBeaky  
#7 Posted : 03 March 2020 10:10:33(UTC)
Rank: Super forum user
CptBeaky

Originally Posted by: Invictus Go to Quoted Post


Thought HSE had tried to move away from the reporting for reportings sake, also if you need to put in a tender for work you have to declare all RIDDOR reports.


I sometimes forget about declaring RIDDOR reports, as I don't work in an industry where this happens. 

Hsquared14  
#8 Posted : 05 March 2020 13:44:21(UTC)
Rank: Super forum user
Hsquared14

I vote NO - you have no evidence of an actual accident or a fresh injury!!

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