RIDDOR - Question ( I think i know teh answer but)

TWDB · Post by **TWDB** » Wed May 08, 2019 10:52 am

Does HSE allow workers to return to work after incident/ injury to a temporary assignment to avoid reporting injury or lost time?

can t see a definite no as an answer on this in HSE literature.

Thanks
T

Post by **PaulDonaldson** » Wed May 08, 2019 11:08 am

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, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident.

Straight lift from the Regs. I would say your scenario does come under this as reportable
Paul

TWDB · Post by **TWDB** » Wed May 08, 2019 12:36 pm

so in other words I can't hurt my leg on day 1 and my work give me a desk job in the office (instead of my site work) until I'm better and then return to my site work - so that they don't have to report the incident.

Thanks
T

Post by **PaulDonaldson** » Wed May 08, 2019 12:53 pm

That sums it up very nicely

Juan Carlos · Post by **Juan Carlos** » Wed May 08, 2019 2:05 pm

Good afternoon,

I believe that if you are not able to carry out your normal range of duties, even if you are brought in "on light work" those days will still account towards your 7 days and therefore would still be RIDDOR reportable.

Adam the elder · Post by **Adam the elder** » Wed May 08, 2019 2:58 pm

The trick is in the wording as below this is straight from the HSE. I assume the accident only falls under the 7 day criteria and isn't a specified injury?

Over-seven-day incapacitation of a worker

Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.

so as you see bring them back on light duties or a different role could still mean it should be reported, however I have known H&S profesionals to disregard this and count the return to work as a full return to work regardless of light duties.

hope that helps

adam the elder

TWDB · Post by **TWDB** » Thu May 09, 2019 12:47 pm

great thanks

T

Monkeymick · Post by **Monkeymick** » Wed May 29, 2019 4:24 pm

Adam the elder wrote: ↑Wed May 08, 2019 2:58 pm The trick is in the wording as below this is straight from the HSE. I assume the accident only falls under the 7 day criteria and isn't a specified injury?

Over-seven-day incapacitation of a worker

Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.

so as you see bring them back on light duties or a different role could still mean it should be reported, however I have known H&S profesionals to disregard this and count the return to work as a full return to work regardless of light duties.

hope that helps

adam the elder

Just to complicate matters further, what's the consensus if an employee 'suffers' an injury leading to them leaving site before the end of their shift, then fly off on holiday the following day for a 10 day all inclusive shindig in Spain.

Is it reportable, because they've been absent from normal duties for over 7 days following an injury whilst carrying out their job?

I'd say not reportable, as he's absent due to his holiday - not the injury - but the guidance from the HSE isn't exactly clear. I do stand to be corrected should anyone have a differing point of view, but even my local EHO wont commit to an answer on this one.....

Cheers!
MM

stephen1974 · Post by **stephen1974** » Wed May 29, 2019 4:31 pm

TWDB wrote: ↑Wed May 08, 2019 12:36 pm so in other words I can't hurt my leg on day 1 and my work give me a desk job in the office (instead of my site work) until I'm better and then return to my site work - so that they don't have to report the incident.

Thanks
T

So, how did you hurt your leg?

witsd · Post by **witsd** » Thu May 30, 2019 9:31 am

Technically the employee could (and should) be claiming the holiday days back as sick absence if they are still injured while on holiday. If they haven't done so, I think that could be taken as a statement that they are well, but whether that's reasonable, I'm not at all sure.

Certainly if they are still unable to perform their normal duties upon their return from holiday a report should be submitted at that point. Up until then, I would think that at the very least it's reasonable to accept that you simply wouldn't know, and thus couldn't submit a report until further information was available.