Consultation on proposals for The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

1.1 ‘Reclaiming health and safety for all: An independent review of health and safety legislation’ was published on 28 November 2011 and identified a number of issues associated with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR 1995), particularly that the categories of incidents that were required to be reported were unnecessarily complicated.

1.2 The review included a recommendation that RIDDOR 1995 and its associated guidance be amended to provide clarity for businesses on what to report and how to comply. Following stakeholder consultation and an amendment via the Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations 2012, the current RIDDOR revoked and replaced RIDDOR 1995, with the aim of simplifying the reporting requirements for informing enforcing authorities about serious work-related accidents and incidents.

1.3 RIDDOR, made under the Health and Safety at Work Act etc.1974, requires that employers, and other people in charge of work premises, report and keep records of:

• all work-related fatalities
• certain work-related injuries
• diagnosed cases of reportable occupational diseases
• certain ‘dangerous occurrences’ (incidents with potential to cause harm)

1.4 RIDDOR requires that the responsible person must notify, and subsequently send a report to, the relevant enforcing authority by phone or using the online forms on the HSE website. This ensures that the enforcing authority can identify work-related accidents or incidents which may need to be followed up to ensure workplace risks are being adequately controlled. The relevant enforcing authorities for RIDDOR are the HSE, Local Authorities (LA), Office for Rail and Road (ORR) and Office for Nuclear Regulation (ONR), depending on the workplace.

1.5 Not all accidents or incidents need to be reported; the requirement to send a RIDDOR report depends on the type of accident or incident.

• Reportable injuries – work-related incidents (excluding suicide) which result in a death, specified reportable injuries to workers, over 7-day incapacitation of a worker and non-fatal accidents to people other than workers
• Occupational diseases – diagnoses of certain occupational diseases, occupational cancer (caused by significant exposure to hazardous substances such as wood dust over a prolonged period) and occupational exposure to a biological agent such as legionella
• Dangerous occurrences (DOs) – certain incidents with a high potential to cause death or serious injury, which arise out of or in connection with work and could risk harm to others
• Gas incidents – incidents in connection with gas, where someone has died, lost consciousness or been taken to hospital for treatment

1.6 When a RIDDOR report is sent by the responsible person, HSE will assess the report on risk and the potential for regulatory impact and triage the information to the appropriate enforcing authority. Inspectors use various techniques, including enforcement, to deal with risks and secure compliance with the law, ranging from the provision of advice to enforcement notices. They can initiate or recommend prosecution where the circumstances warrant punitive action.

1.7 Data provided under RIDDOR, particularly in relation to work-related injuries, also contributes to HSE’s evidence base. Aggregated RIDDOR data is used alongside a range of other sources to provide important insight into existing and emerging risk factors.

1.8 RIDDOR applies to Great Britain (GB) and extends to premises and activities specified in the Health and Safety at Work etc. Act 1974 (Application Outside GB) Order 2013; Northern Ireland has similar but separate legislation.