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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), regulates the statutory obligation to report deaths, injuries, diseases and "dangerous occurrences", including near misses, that take place at work or in connection with work.
This Regulation requires employers, and other people in charge of work premises, to report and keep records of:
· Work-related accidents which cause deaths; work-related accidents which cause certain serious injuries (reportable injuries) diagnosed cases of certain industrial diseases; and certain 'dangerous occurrences' (incidents with the potential to cause harm). The reportable injuries, diseases and dangerous occurrences are identified in the legislation: Deaths All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker.
· Specified injuries to workers - The list of 'specified injuries' in RIDDOR 2013 replaces the previous list of 'major injuries' in RIDDOR 1995. Specified injuries include (regulation 4): 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 than10% 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.
· Over-seven-day injuries to workers - This is where an employee, or self-employed person, is away from work or unable to perform their normal work duties for more than seven consecutive days (not counting the day of the accident).
· Injuries to non-workers Work-related accidents involving members of the public or people who are not at work must be reported if a person is injured, and is taken from the scene of the accident to the hospital for treatment of that injury. There is no requirement to establish what hospital treatment was actually provided, and no need to report incidents where people are taken to the hospital purely as a precaution when no injury is apparent.
· If the accident occurred at a hospital, the report only needs to be made if the injury is a 'specified injury' (see above).
· Reportable occupational diseases - Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work. These diseases include (regulations 8 and 9): 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.
· Reportable dangerous occurrences - Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces. For example: the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment; plant or equipment coming into contact with overhead power lines; the accidental release of any substance which could cause injury to any person.
Certain additional categories of dangerous occurrences apply to mines, quarries, offshore workplaces and certain transport systems (railways etc). For a full, detailed list, refer to the online guidance at: www.hse.gov.uk/riddor.This may be due to the design, construction, installation, modification or servicing, and could result in: an accidental leakage of gas; inadequate combustion of gas; inadequate removal of products of the combustion of gas.
Process to report accidents and incidents.
Records of accident and incidents.
Certificates of exemption 17.
(1) Subject to paragraph (2) (a) the Executive; and (b) in relation to activities covered by regulation 3 of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006, the ORR, may exempt any person or class of persons from any requirement of these Regulations by a certificate in writing, and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
(2) Such an exemption may not be granted by the Executive or the ORR unless, having regard to the circumstances of the case and, in particular, to (a) the conditions, if any, which it proposes to attach to the exemption; and (b) any other requirements imposed by or under any relevant enactments, it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
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