Recurrent Back Pain and an Unreported Lifting Incident
Maria is a 45-year-old catering assistant in a school kitchen. She lifts 15 kg boxes of vegetables from a delivery pallet to a waist-high bench about 40 times per shift, and also moves 20-litre saucepans. Over three months she has developed intermittent lower back pain, worse at the end of the week. She has not reported it because she fears being seen as a complainer and because the last person who reported back pain was moved to lighter duties with less overtime. She takes paracetamol before shifts. On 6 May she told a colleague her back 'went' while lifting a box, but did not complete an incident form. The kitchen has a first-aid kit and a trained first-aider, but no health surveillance programme and no manual handling assessment for the catering tasks. The accident book is kept in the manager's office and has three entries in two years.
1. What are the employer's obligations for reporting and recording this event, and what should happen now?
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Maria's report of her back 'going' while lifting should be treated as a work-related incident even though she did not complete a form. The employer should record it in the accident book, investigate the task, and check whether it meets the criteria for reporting to the Health and Safety Authority, for example if it leads to more than three days' absence. The absence of a formal report by Maria does not remove the employer's duty once the event is known. The employer should also review the manual handling risk assessment for the 15 kg boxes and 20-litre pans, provide appropriate controls, and ensure first-aid and medical referral are offered. Recording only three entries in two years may indicate under-reporting, so the reporting system should be examined.
2. Evaluate the lack of health surveillance and the worker's fear of reporting. What should the employer do?
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The lack of health surveillance is a concern because there is a known manual handling hazard and a worker with recurrent symptoms. Health surveillance is not a substitute for control, but it can identify early signs and trigger adjustments. The employer should offer access to occupational health or a GP, with consent and confidentiality, and consider temporary modified duties. The fear of reporting is a safety-culture problem: the employer must ensure no detriment for reporting, communicate that clearly, and involve staff and safety representatives. The previous case, where a reporter lost overtime, should be reviewed. Disciplining or penalising a worker for reporting pain would be contrary to the purpose of the safety system.
3. What records should be kept, for how long, and who should have access?
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Records should include the incident report and investigation, the accident book entry, the risk assessment and its review, training records, and any return-to-work or occupational health advice. Accident and investigation records should be kept for at least 10 years in line with typical health and safety record-keeping expectations; personal health records must be kept separately and confidentially. Access should be restricted to those who need it, such as the employer, safety adviser, occupational health and, where required, inspectors. Maria should be told what is recorded and why. Good records show the employer acted on the report and help defend against future claims, but they must comply with data protection rules.