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JulieBrown  
#1 Posted : 15 April 2020 10:16:32(UTC)
Rank: New forum user
JulieBrown

Advice or opinions please?...................."On Wednesday a customers driver had an accident where one of the drivers caught their little finger in between the bin &bin combe guider while trying to pull hand away. The outcome was that the driver had a procedure the next day to re-bed his finger nail and he was given antibiotics and told to keep it clean. The driver has now been furloughed".  I would have thought that same rules apply i.e. if he was unable to retrun to work after 7 days it would have been a RIDDOR reportable, do you agree? many thanks in anticipation!

Bigmac1  
#2 Posted : 15 April 2020 10:19:57(UTC)
Rank: Super forum user
Bigmac1

You will never know.

No RIDDOR

Kate  
#3 Posted : 15 April 2020 11:00:58(UTC)
Rank: Super forum user
Kate

I would treat furlough as no different from annual leave as far as RIDDOR is concerned.  The incident obviously needs investigating and part of that would be finding out whether the driver was indeed fit within the RIDDOR period.

adrian.devine  
#4 Posted : 17 April 2020 11:11:53(UTC)
Rank: Forum user
adrian.devine

I agree - if an employee is unable to perform their normal work duties for over 7 days, then it's RIDDOR. 

I can't imagine anything much worse for H&S and employment rights than if employers could avoid RIDDOR by laying off employees who've had accidents... but a furloughed employee is still an employee in any case. Their normal work duties aren't to sit at home getting paid 80% or whatever, even if that is now their current duty. 

The over-7-day thing is really to capture accidents that pass a certain broad severity threshold, not to count how many people can't get inventive in finding reasons the person wouldn't have been working anyway or now has different duties (although it could be argued that an injury to an office worker that doesn't prevent their normal duties is no less severe than the same injury to a factory worker who can't do their main job). 

thanks 2 users thanked adrian.devine for this useful post.
Kate on 17/04/2020(UTC), A Kurdziel on 17/04/2020(UTC)
Bigmac1  
#5 Posted : 17 April 2020 12:56:30(UTC)
Rank: Super forum user
Bigmac1

Originally Posted by: adrian.devine Go to Quoted Post

I agree - if an employee is unable to perform their normal work duties for over 7 days, then it's RIDDOR. 

I can't imagine anything much worse for H&S and employment rights than if employers could avoid RIDDOR by laying off employees who've had accidents... but a furloughed employee is still an employee in any case. Their normal work duties aren't to sit at home getting paid 80% or whatever, even if that is now their current duty. 

The over-7-day thing is really to capture accidents that pass a certain broad severity threshold, not to count how many people can't get inventive in finding reasons the person wouldn't have been working anyway or now has different duties (although it could be argued that an injury to an office worker that doesn't prevent their normal duties is no less severe than the same injury to a factory worker who can't do their main job). 

My point is how would you know they would have been available for work if thet cant turn in for work. OK if its a broken back you could presume but catching your little finger, does that stop you from driving?

They may just say yeah Im OK id have come back in.

Roundtuit  
#6 Posted : 17 April 2020 13:17:05(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: JulieBrown Go to Quoted Post
a customers driver had an accident

Are you a consultant for this customer whose driver had an accident?

Roundtuit  
#7 Posted : 17 April 2020 13:17:05(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: JulieBrown Go to Quoted Post
a customers driver had an accident

Are you a consultant for this customer whose driver had an accident?

Kate  
#8 Posted : 20 April 2020 05:43:30(UTC)
Rank: Super forum user
Kate

How you know is by someone phoning them, asking them and listening to their answer. 

thanks 1 user thanked Kate for this useful post.
A Kurdziel on 20/04/2020(UTC)
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