RIDDOR – Reporting of Injuries, Diseases & Dangerous Occurrences Regulations

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) provides the method for employers for the reporting of health and safety incidents to the Health and Safety Executive (HSE). Workplace accidents are distressing for everyone involved and reporting the accident may not seem like the priority when someone has been injured but employer’s must be mindful of their legal duty to report certain accidents to the HSE. 

The rules are designed to facilitate the management of workplace accidents and protect people. Accidents can occur during the course of day to day work but it is crucial that employers comply with RIDDOR. 

Who is obliged to make a report to the HSE? 

All workplaces fall under the scope of RIDDOR. Employers, self-employed and people in control of work premises must ensure that they are compliant in reporting to the HSE under RIDDOR when required.  

Reportable incidents which fall under the scope of RIDDOR 

A report needs to be made if the accident is work related, and the accident leads to a reportable injury. Reportable injuries are detailed below: 

Reportable injuries  

Death  

The death of any person must be reported under RIDDOR (with the exception of suicide). 

Specified injuries 

A wide variety of injuries can occur at a workplace but Regulation 4 of RIDDOR details specified injuries which must be reported: 

• fractures (other than to fingers, thumbs, and toes) 
• amputation of an arm, hand, finger, thumb, leg, foot or toe 
• any injury likely to cause permanent blinding or reduction in sight in one or both eyes 
• any crush injury to the head or torso causing damage to the brain or internal organs in the chest or abdomen 
• serious burns (including scalding) which: 
• cover more than 10% of the body 
• cause significant damage to the eyes, respiratory system, or other vital organs 
• any scalping requiring hospital treatment 
• any loss of consciousness caused by head injury or asphyxia 
• any other injury arising from working in an enclosed space which: 
• leads to hypothermia or heat-induced illness 
• requires resuscitation or admittance to hospital for more than 24 hours 

Incapacitation of a worker  

Any incident which causes a worker to be unable to return to work or fulfil their normal working duties for a period in excess of 7 days must be reported under RIDDOR. 

An injury which is not immediately apparent must be reported as soon as it has stopped the worker from being able to carry out normal duties for in excess of 7 days. The day of the incident is not included but weekends are and the report has to be made within 15 days of the incident.  

Incidents which led to an employee being unable to work/fulfil normal duties for a period in excess of 3 successive days are not required to be reported. However, employers must record the injury in the company’s accident book. 

Injuries sustained by non-workers 

Injuries to non-workers have to be reported if they involve a work-related injury, and the individual is taken to hospital for treatment as a result of the injury. Examinations and diagnostic tests are not classed as ‘treatment’ for these purposes. 

Occupational diseases 

Diagnoses of specified occupational diseases must be reported by employers if they are likely to have been caused and/or aggravated by work. These could arise from an unsafe working environment. The following occupational diseases are listed under Regulation 8 and 9 of RIDDOR:  

• 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; or 
• any disease attributed to an occupational exposure to a biological agent. 

Dangerous occurrences 

Employers must report dangerous occurrences which could lead to injury or death. Schedule 2 of RIDDOR includes the following dangerous occurrences: 

The collapse, overturning or failure of any load bearing part of lifting equipment; 

Any explosion or fire caused by an electrical short circuit or overload which causes a significant risk of death or results in the stoppage of the plant involved for more than 24 hours; 

Plant or equipment unintentionally coming into contact with overhead power lines 

There are also specific consideration in respect of Incidents at quarries and incidents at offshore workplaces. 

Gas incidents  

Exposure to flammable gas can be common in a number of workplaces. RIDDOR sets out rules relating to suppliers and distributors of gas appliances. 

In the case of a death, loss of consciousness or an individual being taken to hospital for treatment, a report must be made under RIDDOR. An online form is available for this purpose. 

Gas safe registered engineers are duty bound to report details of any appliance they deem dangerous if it could cause death, loss of consciousness or for the individual to be required to go to hospital.  

The gas engineer may feel they need to make a report in the following circumstances; due to the design, construction, installation, modification or servicing of that appliance or fitting as it could lead to an accidental leakage of gas; incomplete combustion of gas or; inadequate removal of products or the combustion of gas.  

Who needs to make a report? 

‘Responsible persons’ should make a report. Responsible persons under RIDDOR are employers, self-employed and those in control of work premises. Employers must ensure that they manage every injury sustained in the workplace and report them if required.  

Complying with RIDDOR ensures that employers are managing risks. RIDDOR is not to be used by the injured individual (unless self-employed) members of the public. Employees should report to an appropriate person such as their supervisor or employer, although they may also report to the HSE if they are unsatisfied with their employers handling of the matter.  

How should a report be submitted? 

A report can be made online using the RIDDOR form. The report needs to be sent as soon as possible and in the majority of cases within 10 days of the accident.   

Consequences of failure to report  

Those who fail to comply with their obligations under RIDDOR risk a custodial sentence of up to 2 years for the responsible person(s) and an unlimited fine. Furthermore, directors risk disqualification and serious incidents could lead to permanent closure of a business. 

How can Olliers assist? 

If you are facing an investigation or prosecution by the HSE our experienced health and safety defence solicitors are well placed to advise. Our regulatory team, headed by solicitor and partner Gareth Martin who is recognised in the Legal 500 for his work in the sector, are on hand to help you navigate the process which can be complex, lengthy and stressful. Contact us by telephone on 0161 8341515, email info@olliers.com or complete the form below and one of our lawyers will contact you.