The Health and Safety Executive (HSE) has published updates to its guidance and online reporting forms to help businesses and organisations in England, Scotland and Wales to understand how and when to submit a report of a workplace injury, incident or dangerous occurrence under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). Different legislation and guidance applies in Northern Ireland. RIDDOR applies both to employers and companies that use self-employed contractors.
The updated HSE guidance on RIDDOR does not include any changes to legal requirements, but provides additional guidance on whether a report is required, as well as improved guidance on who should report under RIDDOR.
The guidance also details what is meant by a ‘work-related’ accident, information on when an occupational disease is not reportable, and increased clarity on when an ‘over-7-day’ absence should be reported. The employer, or the person in control of the premises where a reportable injury or incident occurs will need to make the report in respect of the employee or self-employed person.
Over-7-day incapacitation of a worker
The most commonly reported work-related accidents are accidents in the workplace that result in an employee (or self-employed person) being away from work, or unable to do their normal work duties (such as being put on ‘light duties’), for more than 7 consecutive days as the result of their injury.
This 7-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.
The HSE guidance states that where the worker’s injury or condition does not become apparent until sometime after the accident, it must be reported as soon as it has prevented them from doing their normal work duties for more than 7 consecutive days.
Over-3-day incapacitation of a worker
Accidents must be recorded in the employer’s internal records, where they result in a worker being away from work, or unable to do their normal work duties, for more than 3 consecutive days.
Employers in Great Britain don’t need to report this type of accident, as recording it in their accident book (under social security law) will be sufficient. However, employers in Northern Ireland need to report over-3-day incapacitation.
Non-fatal accidents to people other than workers
Accidents to members of the public or others who are not at work (such as customers, clients or volunteers) must be reported if:
- the accidents are a result of work activity taking place on the premises,
- they result in an injury to the person; and
- the person is taken directly from the scene of the accident to hospital for treatment to that injury. However, there is no need to report accidents where people are taken to hospital purely as a precaution (but not for treatment) when no injury is apparent.
Other reportable circumstances
Specified workplace injuries, occupational diseases, deaths, gas incidents and dangerous occurrences must also be reported by law and it is a criminal offence to fail to do so.
Health and safety guidance and templates can be found on the FSB Legal and Business Hub.