IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Is this a RIDDOR under consecutive time off?
Rank: Forum user 
|
Hi. We have an employee who had an accident 1st july but stayed at work. he was then on annual leave Fri 2nd, rest days sat and sun and then annual leave 5th. he returned 6th but went home at 1030am complaining of a headache (he stupidly climbed through racking at hit his head). he self certificated and visited the doctor coming back to work wed 14th with a fit note for 4 weeks light duties. So my question is should this be reported for consecutive time off work?
|
|
|
|
|
|
Rank: Super forum user 
|
From your post the time period 1st - 6th July is wholly irrelevant. If I am reading correctly the IP attended work on 6th July, struck their head in racking and went home at 10:30. Subsequently you have a seven day note about a return to work on 14th July. If they returned on the 14th that would be the eigth day meaning they were not off for OVER seven consecutive days.
|
|
|
|
|
|
Rank: Super forum user
|
From your post the time period 1st - 6th July is wholly irrelevant. If I am reading correctly the IP attended work on 6th July, struck their head in racking and went home at 10:30. Subsequently you have a seven day note about a return to work on 14th July. If they returned on the 14th that would be the eigth day meaning they were not off for OVER seven consecutive days.
|
|
|
|
|
|
Rank: Super forum user
|
Hi Samantha Sounds reportable of the face of it. The Regs say: (2) Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work.........
Depends I suppose, to some extent on what the doctor's note says and whether your employee's "routine work" isn't "light duties". If the reason for being on "light duties" is due to an outcome of the accident , then four weeks on light duties would be more than 7 days other than the day of the accident. Before that you have him returning briefly on the 6th and coming back on the 14th, which in itself is also "more than seven consecutive days" - less than eight but more than seven, and presumably not fit for his "routine work"during that period. Before that you have the days when the injured person would not have been working either due to leave or weekend, but that is only four consecutive days which do not count from a RIDDOR perspective BUT would have counted had he not returned on the 6th. For the purposes of RIDDOR you can ignore the cause of the accident subject to the assumption that it was work-related. RIDDOR is not about deciding on causes but on setting reporting criteria. Just because it is RIDDOR reportable doesn't indicate any breach of legislation.
|
 1 user thanked peter gotch for this useful post.
|
|
|
|
Rank: Super forum user 
|
Yes, I think it is RIDDOR. However, the way you have recorded the events makes it a little unclear if he hit his head on the 1st or the 6th. If it was the 6th then was there a different accident on the 1st. Either way with the fact he came back on day 8 if it was the 6th when the injury happened, but on day 8 he had a fit note saying light duties, I think this means he is not doing his normal work so would make it reportable. (this has been debated on this forum though). I think you are saying though it happened on the first where all the days off and weekends would be counted in my book. Even the few hours back in work on the 6th does not mean he returned properly, unless their start time is 3am. So I would report this, but would seriously question the need for light duties for a month, due to a bump on the head ( but would comply with the fit note). Did he have concussion at the time???. Chris
|
1 user thanked chris42 for this useful post.
|
|
|
|
Rank: Forum user
|
Hi thank you for the advice so far, the accident was the 1st july, when he came back off annual leave and rest days his headache continued hence going home on the 6th july. his fit note says post concussion syndrom "lighter duties until recovered", so this is where i am thinking due to time off and this wording it should be classed as a riddor as he is unable to carry out his normal duties.
|
|
|
|
|
|
Rank: Super forum user 
|
It all sounds a bit strange. But on the face of it, yes this is a RIDDOR, as they have been unfit for normal duties for over 7 days as a result of the accident. Presumably the period of unfitness included the time off as well as the duration of the fit note.
|
|
|
|
|
|
Rank: Forum user
|
yes, i think so too, call me a cynic, but i think he thought he was in trouble as he is on a final written warning, so maybe when he realised he had climbed through the racking when shouldnt have, he thought he would get the sack, so has created his injury to be bigger than it is. thank you everyone, i will have to submit.
|
2 users thanked Samantha Cook for this useful post.
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Is this a RIDDOR under consecutive time off?
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.