RIDDOR is an acronym for the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013. Compliance with these Regulations is essential for employers in the United Kingdom.
These regulations require employers, the self-employed, and people in control of work premises (a responsible person) to report workplace accidents, occupational diseases, and specified dangerous occurrences (near misses) to the relevant regulatory authority. RIDDOR seeks to keep workers and the general public informed about workplace health and safety risks. It also aims to provide regulators with data to identify and tackle problems. RIDDOR's purpose is to protect workers and the public by ensuring that employers, the self-employed, and the responsible person comply with the law.
RIDDOR requires reporting of the following:
1. Deaths and injuries caused by workplace accidents
a. When the accident is work-related and results in a reportable injury (Currently seven days off/reduced work)
2. Occupational diseases
a. Conditions or diseases likely to have been caused or made worse by an employee’s work (Listed in regulations 8 and 9)
3. Carcinogens mutagens and biological agents
4. Specified injuries to workers
5. Dangerous occurrences (Near-misses with no known injury resulting), such as:
a. failure of load-bearing parts of lifting equipment
b. equipment contacting overhead power lines;
c. accidental release of any substance that could injure a person
6. Gas incidents
a. accidental gas leakage
b. incomplete combustion
c. insufficient removal of gas combustion exhaust products
As you would expect, each of these comes with a considerable amount of additional detail that you can find on the HSE website or in the Regulations themselves.
What Do I Have to Do? - Compliance Steps for Employers
The general compliance steps suggested by the Health and Safety Executive (HSE) are as follows:
1. Appoint a competent person to help you manage health and safety in your business
2. Prepare a health and safety policy
3. Risk assessment
4. Consult your workers
5. Provide information and training (Tell your workers their health and safety duties)
6. Suitable workplace facilities (Toilets, washbasins, and other welfare facilities workers need)
7. Have appropriate first aid kits, train workers, and appoint first aiders
8. Display the RIDDOR poster or give workers an equivalent leaflet
9. Get employers' liability insurance for your business
10. Understand the law (Health and Safety at Work Act, including RIDDOR)
11. Report specified injuries, near-misses, and work-related illnesses to the HSE
The Most Important Time for Employees to Learn About RIDDOR
The crucial time for companies to take note of RIDDOR is when their employees first enter the company. Employers with more than 250 employees have a legal obligation to arrange a RIDDOR induction with their recruits within 28 days of starting the job.
When new employees join your company, they need to understand what RIDDOR stands for and its application to your workplace. If you're unaware of RIDDOR, you may unwittingly put one of your employees in physical danger. You may also put yourself and your business in legal danger.
The precise time you should make employees aware of the dangers of serious incidents and accidents varies between small and large companies. If you represent a smaller company, you may reference RIDDOR as part of a safety briefing when a new employee starts their job. For larger organizations, it might be best to have a formal meeting at the start of their employment. In either situation, employees should comply with any policy and make sure that they follow any safety warnings given on site.
Outside of the workplace, many people say “no harm, no foul.” However, with RIDDOR, that is not always the case. The obligation for a company to report accidents to the Health and Safety Executive can apply even when no injuries occur. Therefore, knowing how to follow the process and file a report is just as important.
RIDDOR Says Employers Must Have Procedures and Safety Info that Are Clear and Accessible to Workers
Employees must always receive clear and accessible safety information for both the business and themselves. This dual requirement is why the UK has a set of laws known as RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). These Regulations state that employers must have clear and accessible procedures and safety information that their employees can access.
By law, construction companies must maintain an adequate level of awareness to ensure that they comply with the regulations of this industry. As such, construction companies should pay close attention to the interactions between their directly-employed staff and their contractor or subcontractor employees regarding safety and compliance training. This process begins with understanding what requirements are put in place by the Employment Policies of their business.
Best practices under the Health and Safety at Work Act 1974 already suggest that employers have clear and accessible procedures and safety information. In addition, these conventions are expanded and clarified under the RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) regulations.
Employers are now required to abide by RIDDOR rules. These Regulations state that employers must have clear and accessible procedures and safety information for everyone in their workplace. You must identify obvious hazards, describe procedures for working safely in detail, and make individuals aware of what they can and cannot do in their workplace.
Employers must have written procedures about handling work-related injuries and illnesses by law. These rules also state that employers must tell their employees about these safety procedures and information. In the case of a workers' compensation claim, employers must also provide information about workers' compensation and their rights as a worker. Proper safety procedures will allow employers to avoid injuries and keep workers healthy and satisfied with their jobs.
As part of these changes, it is now easier for employers to risk-assess employees once they have sought trade union advice. Employers must have clear and accessible procedures and safety information that staff can find quickly and understand. Furthermore, the penalties for breaching the rules have increased to protect workers from being forced to take unsafe risks when following company procedures.
The rules of RIDDOR state that employers must have clear and accessible procedures and safety information. These rules ensure the effective promotion and management of personal and business safety. Employees should follow these rules and help their employers create the safest environments possible.
The Importance of Reporting Dangerous Incidents
As the regulations on recording incidents increase in the UK, so does the pressure to remind people of reporting. Whether you are a construction worker, doctor, police officer, or firefighter, this legislation is important for your safety.
Employers in the UK now must prompt their employees to report any potentially dangerous conditions under legislation such as the Health and Safety at Work Act 1974. These regulations have worked for the better by protecting employees from harm.
Industry and government reviews have, at times, discovered significant under-reporting of reportable RIDDOR incidents, for example, in the Rail Safety and Standards Board review of Network Rail in 2011 (https://www.london.gov.uk/sites/default/files/2018_02_00_appx_a._rail_safety_and_standards_report_safety_targets.pdf). Where this kind of under-reporting is intentional or the result of defective systems and processes, it can result in prosecution.
The workplace has seen significant health and safety regulations changes over the past several decades, which has only increased in recent years as the UK makes efforts to improve workplace safety. With recent changes to health and safety laws, employers must remind employees of their rights. This duty is only likely to increase with time.
RIDDOR and COVID-19
Many employers are concerned about their reporting obligations for COVID-19/Coronavirus/SARS-CoV-2 under RIDDOR in the ongoing pandemic. You may be pleased to know that you do not have to report everything to the Health and Safety Executive (HSE). We'll provide more info about when, what, and how to report.
The most common concern we've seen recently from employers is whether they need to report all COVID-19 and coronavirus testing results to the HSE. The short answer is no. According to the HSE: “There is no requirement under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) to report incidents of disease or deaths of members of the public, patients, care home residents or service users from COVID-19. The reporting requirements relating to cases of, or deaths from, COVID-19 under RIDDOR apply only to occupational exposure, that is, as a result of a person's work.”
Generally speaking, the ordinary RIDDOR rules already cover COVID-19. You should only make a report under RIDDOR when one of the following circumstances applies:
• an accident or incident at work has or could have caused the release of coronavirus (SARS-CoV-2). (Report as Dangerous occurrence)
• a worker is diagnosed with COVID-19 due to occupational exposure. (Report as Disease)
• a worker dies because of occupational coronavirus exposure. (Report as Work-related death due to exposure to a biological agent)
The bottom line is that existing rules cover most COVID-19 measures, and most of the COVID-19 guidance comes from public health authorities rather than the HSE. The environment remains chaotic, but you can minimize your legal exposure by continuing your existing compliance steps. This will include communicating with your insurer about risks, following public health guidance, and communicating regularly with your workers or unions on any of their concerns.
Trade Union Concerns about RIDDOR Under-Reporting
It is worth noting that there is some disagreement on the HSE’s current enforcement of RIDDOR. Specifically, the Trade Union Congress asserts that “employers are massively under-reporting” injuries and cases of work-related COVID deaths. (The Guardian, May 2021 - https://www.theguardian.com/world/2021/may/22/thousands-of-work-related-covid-deaths-go-unreported-in-uk )
However, the HSE’s guidance is clear: for employers (or the responsible person) to determine that a diagnosed case of COVID is work-related, it must be “more likely than not” that the exposure happened at work based on “reasonable evidence of occupational exposure.” More specifically, the HSE goes on to say that “Work with the general public – rather than work with people known to be infected - is not considered sufficient evidence to indicate that a COVID-19 diagnosis may be as a result of occupational exposure.” (HSE https://www.hse.gov.uk/coronavirus/riddor/riddor-reporting-further-guidance.htm#reasonable). Again, the guidance for employers is clear: You don’t need to report cases like this.
As an employer or responsible person, you should judge based on available information. An employer or responsible person is not required to conduct extensive enquiries to decide whether a COVID-19 infection is work-related. As a result, you do not need to submit a precautionary RIDDOR report (that is, where there is no clear evidence that work is the cause of a diagnosed case of COVID.)
Law firm DAC Beachcroft further emphasises that, in the context of RIDDOR, a diagnosis does not require a positive test. It only requires that a person is experiencing new or worsening symptoms, and a medical or healthcare practitioner identifies (in writing) that the person has COVID-19. Even with a written diagnosis or positive test, however, the incident only becomes reportable under RIDDOR if there is reasonable evidence that the exposure causing the illness was work-related. (https://www.dacbeachcroft.com/en/mx/articles/2020/may/riddor-reporting-requirements/)
RIDDOR COVID-19 Tips for Employers
Broadly, COVID-19 already falls within RIDDOR’s normal reporting requirements. Accordingly, the HSE has taken care not to impose a precautionary burden on employers concerning COVID cases amongst staff.
Here are a few tips for minimizing your RIDDOR risk regarding COVID, specifically:
1. Keep an open dialogue with your insurer about any changes to your risk profile.
2. Make sure you have appropriate ventilation on your premises.
3. Follow public health guidance and trade or industry bodies for appropriate mitigations specific to your industry and context (e.g., protective barriers, social distancing, masks, and vaccination protocols).
4. If your workforce is unionised, keep open lines of communication with the trade union(s) to ensure that you are aware of any concerns.
Find out how to manage your business' health and safety better
RIDDOR and COVID-19
Many employers are concerned about their reporting obligations for COVID-19/Coronavirus/SARS-CoV-2 under RIDDOR in the ongoing pandemic. You may be pleased to know that you do not have to report everything to the Health and Safety Executive (HSE). We'll provide more info about when, what, and how to report.
The most common concern we've seen recently from employers is whether they need to report all COVID-19 and coronavirus testing results to the HSE. The short answer is no. According to the HSE: “There is no requirement under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) to report incidents of disease or deaths of members of the public, patients, care home residents or service users from COVID-19. The reporting requirements relating to cases of, or deaths from, COVID-19 under RIDDOR apply only to occupational exposure, that is, as a result of a person's work.”
Generally speaking, the ordinary RIDDOR rules already cover COVID-19. You should only make a report under RIDDOR when one of the following circumstances applies:
• an accident or incident at work has or could have caused the release of coronavirus (SARS-CoV-2). (Report as Dangerous occurrence)
• a worker is diagnosed with COVID-19 due to occupational exposure. (Report as Disease)
• a worker dies because of occupational coronavirus exposure. (Report as Work-related death due to exposure to a biological agent)
The bottom line is that existing rules cover most COVID-19 measures, and most of the COVID-19 guidance comes from public health authorities rather than the HSE. The environment remains chaotic, but you can minimize your legal exposure by continuing your existing compliance steps. This will include communicating with your insurer about risks, following public health guidance, and communicating regularly with your workers or unions on any of their concerns.
© Gavin Coyle, 2021