August 2013 Health and Safety Legal Update:
Reporting of Injuries Diseases and Dangerous Occurrences Regulations- History:
RIDDOR first became law in 1996 and made it compulsory for organisations to report certain serious work related incidents, which had occurred.
All organisations must familiarise themselves with these requirements as they are responsible for ensuring that these incidents are properly reported, should they occur.
Companies are often tempted not to report RIDDOR reportable incidents because by doing so this can initiate a visit from the Health and Safety Executive or local council Environmental Health Officer.
By not reporting RIDDOR reportable incidents though, companies can be prosecuted just for not complying with the RIDDOR reporting requirement, in addition to any other health and safety offences, which may subsequently become apparent.
Wallett HSE Services Ltd. have known of companies personally who have been reported to the HSE by the injured employee or families of the injured person.
The HSE take a very dim view of companies they find deliberately not to have reported these types of incident, so its always best to report, when legally required to so. Speak to one of our expert Health and Safety Consultants though, as soon as possible after the incident, to protect your organisations best interests, ideally before the report is submitted.
This months article looks at the new requirements of Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013. RIDDOR places an obligation on organisations to report: fatal accidents, certain serious injuries, work related illnesses and dangerous occurrences, which could have caused serious injuries.
Important Changes to RIDDOR- October 2013:
These changes to RIDDOR will come into force in October 2013 but are subject to prior approval by Parliament.
What is to stay the same:
- Over 7 day injuries are still reportable, as they were previously (this was increased from 3 days, after the Lord Young report, in April 2012.)
- Fatal accidents, are still reportable.
- Accidents in which a none worker (or member of the public) is admitted to hospital for treatment, due to work related activity, are still reportable.
- The classification of ‘major injuries’ to workers is being replaced with a shorter list of ‘specified injuries’.
- The existing schedule detailing Forty Seven types of industrial disease is being replaced with eight categories of reportable work-related illness.
- 21 types of ‘dangerous occurrence' will require reporting, as opposed to the previous 27 types of incident.
- a fracture, other than to fingers, thumbs and toes;
- amputation of an arm, hand, finger, thumb, leg, foot or toe;
- permanent loss of sight or reduction of sight;
- crush injuries leading to internal organ damage;
- serious burns (covering more than 10% of the body, or damaging the eyes, respiratory system or other vital organs);
- scalpings (separation of skin from the head) which require hospital treatment;
- unconsciousness caused by head injury or asphyxia;
- any other injury arising from working in an enclosed space, which leads to hypothermia, heat-induced illness or requires resuscitation or admittance to hospital for more than 24 hours.
The following is the list of reportable "work related Illnesses":
- carpal tunnel syndrome;
- severe cramp of the hand or forearm;
- occupational dermatitis;
- hand-arm vibration syndrome;
- occupational asthma;
- tendonitis or tenosynovitis of the hand or forearm;
- any occupational cancer;
- any disease attributed to an occupational exposure to a biological agent.
The requirements for reportable Dangerous Occurrences is more complicated the full HSE publications are available direct from the HSE's Website here: http://www.hse.gov.uk/pubns/indg453.htm
Unions have already criticised the proposed changes as watering down Health and Safety Law in the UK but it will undoubtedly simplify the requirement and reduce the burden of RIDDOR on businesses.
Unions are also critical that the following incidents will not be reportable, under the new requirements:
- an electrical shock leading to unconsciousness, resuscitation, or admittance to hospital;
- a temporary loss of eyesight;
- dislocation of the shoulder, hip, knee, or spine; and
- loss of consciousness due to absorbing, or inhaling a substance.
The new requirements will also no doubt lead to further criticisms that the Government are trying to caress the statistics and are using the results of last years Löfstedt report into health and safety, to improve the statistics simply by changing the reporting requirements, not by a notable improvement in the performance. The changes will make it very difficult to compare previous years statistics as the reporting requirements will be so different