Under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), responsible persons must report certain work-related incidents to the HSE. Charles Mather, solicitor, and Terry Griffin, partner in our regulatory and compliance team, look at the reporting obligations on responsible persons under RIDDOR.
Who is responsible?
A responsible person is the individual or entity in control of a workplace in which a reportable incident occurs. Depending on the circumstances, employers, occupiers of premises, and the self-employed can all be responsible persons.
Reportable incidents include fatalities, specified injuries, occupations diseases and dangerous occurrences.
Fatalities, specified injuries to workers, and injuries to other individuals
Responsible persons must report the death of any individual caused by a work-related accident, including customers, volunteers and members of the public. This includes a death which occurs as a result, and within one year, of an injury suffered in a work-related accident.
The injuries specified as reportable in connection with workers include fractures (excluding to fingers, thumbs and toes); a loss of consciousness caused by a head injury; permanent reduction or loss of sight in one or both eyes; crush injuries to the head or torso; and serious burns.
An injury suffered by an individual who is not at work (such as customers, volunteers, or members of the public) that requires immediate hospital treatment must also be reported.
Fatalities, specified injuries, and injuries to non-workers requiring hospital treatment must be notified to the HSE without delay, and a RIDDOR report must be submitted within 10 days of the incident occurring.
In addition, an incident that results in a worker being immediately incapacitated or unable to carry out their duties for more than seven consecutive days should be also reported within 15 days.
An incident that results in a worker being incapacitated for more than three days should be recorded in an accident logbook, which responsible persons are also obligated to maintain under RIDDOR, but the incident need not be reported.
Occupational diseases
RIDDOR requires employers and the self-employed to report certain work-related diseases, following a professional diagnosis.
Reportable diseases caused by exposure to hazards in the workplace include carpal tunnel syndrome; occupational dermatitis; hand-arm vibration syndrome; and tendonitis.
Where a reportable occupational disease is diagnosed in a worker, the responsible person must report the diagnosis to the HSE without delay.
Dangerous occurrences
Responsible persons are also required to report incidents with a high potential to cause death or serious injury, known as dangerous occurrences.
RIDDOR sets out a variety of dangerous occurrences affecting all workplaces, as well as incidents reportable as dangerous occurrences in relation to mines, quarries, transport systems and offshore workplaces.
Other responsibilities, and the potential consequences of failing to report
Under RIDDOR, responsible persons are also required to report exposures to carcinogens, mutagens and biological agents. Responsible persons involved in the import, distribution, supply and filling of flammable gas are also required to report to the HSE if an individual dies, losses consciousness, or is taken to hospital to receive treatment.
A responsible person that fails to report a reportable incident under RIDDOR commits a criminal offence, and risks prosecution by the HSE, and a two-year prison sentence and an unlimited fine.
As was the case with a builder who was prosecuted by the HSE and sentenced to six months imprisonment, following his failure to make a timely report to the HSE in connection with an incident in which a worker’s leg was amputated while using an excavator.
Harrison Drury’s regulatory and compliance team can provide you with advice on your reporting obligations under RIDDOR and represent you if you are investigated or prosecuted by the HSE. Please get in touch with our team on 01772 258 321.