Recording and reporting accidents

Several types of work-related incidents must be notified in writing to the relevant enforcing authority, either the Health and Safety Executive (HSE) or the local authority (see Chapter 2 on how to identify the correct enforcing authority for each sector).

Telephone reporting is only possible for accidents involving death or major injury (0845 300 9923). All other reporting must be done online (not by fax or email). There are seven different online RIDDOR reporting forms covering different kinds of incident. Information on how to report can be found on the HSE website at: www.hse.gov.uk/riddor/report.htm

What is reportable under RIDDOR?

Employers, the self-employed and anyone in control of work premises must report and record particular categories of work-related accidents and “near misses” under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Safety reporting was downgraded under the coalition government. Most importantly, the requirement to report “over seven-day” injuries replaced the requirement to report “over three-day” injuries. Employers are still under a duty to report injuries to members of the public and to report occupational cancers, diseases attributable to biological agents, hand-arm vibration syndrome, dermatitis, carpal tunnel syndrome, severe cramp of the arm, tendonitis and occupational asthma. Together these currently account for 90% of all ill-health RIDDOR reports to the HSE.

The HSE backed down over proposals to remove requirements to report most occupational diseases and non-fatal injuries to members of the public, but unions say that the 2013 RIDDOR regulations significantly reduced the number of major injuries requiring an automatic RIDDOR report.

Construction union UCATT reported that these include:

• an electrical shock leading to unconsciousness, resuscitation or admittance to hospital;

• a temporary loss of eyesight;

• dislocation of the shoulder, hip, knee or spine;

• unconsciousness or acute illness caused by a biological agent, its toxins or infected material;

• an acute illness requiring medical treatment; and

• loss of consciousness due to absorbing or inhaling a substance.

The requirement to report injuries to members of the public was also downgraded and now only applies incidents where “they are taken from the scene of the accident to hospital for treatment for that injury.”

“The reduction in the requirement to report major injuries is dangerous. Many of these type of injury are potentially life changing for those involved,” said UCATT general secretary Steve Murphy, “If companies no longer have to report them then they are less likely to take preventive measures to stop them reoccurring.”

The HSE guide Reporting accidents and incidents at work — A brief guide to RIDDOR 2013 is available at: www.hse.gov.uk/pubns/indg453.pdf

In summary, incidents which are reportable under RIDDOR are work-related accidents that include:

• any fatality (Regulation 6);

• specified injuries to workers (Regulation 4);

• injuries to workers which result in their incapacitation for more than seven days (Regulation 4);

• injuries to non-workers which result in them being taken directly to hospital for treatment, or specified injuries to non-workers which occur on hospital premises. (Regulation 5);

• occupational diseases (Regulation 8 and 9); and

• dangerous occurrences (Schedule 2 of RIDDOR).

There are also special reporting requirements for gas incidents.

According to the HSE, “stress” is not reportable as an occupational injury, even when accompanied by a medical certificate stating that it is work-related, because it does not relate to a single definable accident.

Injuries must be reported within 15 days (up from 10 days under the pre-April 2012 regime).

A record of all notifiable events under RIDDOR must be kept for three years. Employers remain obliged to record over-three-day injuries even though they are no longer obliged to report them and they should use this information to review their health and safety procedures.

Acceptable recording arrangements include using the accident book, keeping photocopies of completed forms for reporting purposes in a suitable file, or recording the details of each accident or reportable disease on a computer, as long as the details can be retrieved and printed out easily.

The accident book

Under the Social Security (Claims and Payments) Regulations 1987, employers of 10 or more people must record all accidents, however minor the injuries. The record, which is normally an accident book, should be kept in an accessible place and may be inspected by enforcing officers. Accident books should be kept for three years after the date of the last entry.

New rules governing the accident book came into force in 2004, following a ruling by the Information Commissioner who is responsible for the Data Protection Act 1998 (DPA 98). Most existing accident books allow personal details and information to be seen by anyone reading or making an entry in the book and so do not comply with the DPA 98. The HSE was given responsibility for producing the revised book. The unions challenged the HSE’s initial version, as it limited safety reps’ access to information on accidents. As a result, the HSE published a revised version of the accident book, containing a new introduction, pointing out that safety reps have a legal right to the information.

The HSE also amended the accident forms to include a tick-box indicating that the injured worker agrees to their personal information being given to the safety rep. If an individual does not agree to this, the employer must still give the rep the information, but should conceal the individual’s identity and details.

Up-to-date guidance on RIDDOR 2013, makes it clear that safety reps are entitled to see records created for the purposes of RIDDOR except to the extent that they reveal personal health information about individuals (see paragraph 94 of the updated guidance).

Some reps may still experience problems with the accident book at work because there is no legal requirement for employers to use the HSE version of the book. Only the headings under which information is collected are prescribed, not the manner in which it is recorded.

The HSE Accident Book (BI 510), is available from HSE Books at: www.hse.gov.uk/pubns/books/accident-book.htm