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Milkyken  
#1 Posted : 09 December 2020 08:56:35(UTC)
Rank: New forum user
Milkyken

Hi All, If an employee pulls his muscle due to digging trenches and ends up off for over 7 days is it RIDDOR reportable? The injury is in connection with his work activity, he is unable to do his normal work activities but it’s not as is classed as an accident as such. Obviously the work process needs looking at due to why he’s digging trenches for long periods of time and that’s another issue. Thanks
craigroberts76  
#2 Posted : 09 December 2020 08:59:49(UTC)
Rank: Forum user
craigroberts76

its 7 days off work due to something that happened whilst carrying out duties.  Best bet to be sure is contact them and sound them out, they will provide suitable advice.

CptBeaky  
#3 Posted : 09 December 2020 09:10:16(UTC)
Rank: Super forum user
CptBeaky

I disagree, it is not an accident, therefore the number of days off is not relevant. From the "key definitions" page of RIDDOR on the HSE site

"Injuries themselves, eg ‘feeling a sharp twinge’, are not accidents. There must be an identifiable external event that causes the injury, eg a falling object striking someone. Cumulative exposures to hazards, which eventually cause injury (eg repetitive lifting), are not classed as ‘accidents’ under RIDDOR."

Muscle strain is not a reportable injury, therefore I don't know under what criteria you would report this. However, I come under the camp of "if in doubt, report". My industry is not measured on any accident at work metric, so it has little consequence of my reporting.

You are correct though, that this should still be investigated, logged etc.

chris42  
#4 Posted : 09 December 2020 10:33:32(UTC)
Rank: Super forum user
chris42

No accident = No RIDDOR

Chris

Milkyken  
#5 Posted : 09 December 2020 10:34:21(UTC)
Rank: New forum user
Milkyken

Thanks Both Under the same guidance on HSE website it says- What is meant by ‘work-related’? 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 The way the work was carried out caused the injury I would’ve thought. But then it doesn’t cause an accident. I spoke to the HSE.... said report if you think so. Really helpful.
CptBeaky  
#6 Posted : 09 December 2020 11:11:06(UTC)
Rank: Super forum user
CptBeaky

Work related is more related to what caused the accident/injury. For example if a person was walking down a corridor and tripped over, it is not work related in and of itself. People walk down corridors all the time. However if they tripped because of an obstacle in the way, a flaw in the flooring or because they were carrying too much it would be work related. As in, the employer could have prevented that accident/injury through their risk assessments and controls. Recently there was a query about scalding due to spilt coffee. Again not work related, unless something unusual was present relating to work, that caused the injury (coffe dispensed too hot, surface coffee stored on in poor repair etc.)

In your case it looks like it is clearly work related, although without an investigation it cannot be 100%. However they was no accident (as defined above). RIDDOR only requires reporting of accidents that result in 7 days off, not injuries. RIDDOR does require the reporting of specfic injuried, even if they were not the result of an accident (tendonitis for example). A pulled muscle is not one of them.

Therefore, under the guidance, there is not a requirement to report.

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