changes to RIDDOR

The Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations 2012 were approved by Parliament on 31 January 2012 and come into force on 6 April. These amend the injury reporting requirements to increase the period of time which triggers the reporting requirement.

The current requirement is for the responsible person to report any accident at work which results in incapacitation for more than three consecutive days (excluding the day of the accident but including any days which would not have been working days). This reporting requirement is amended so that it is triggered after seven consecutive days. The report should be made as soon as practicable but in any event within 15 days. This is an increase from the current 10 day deadline.

Incapacitation means that the worker is absent or is unable to do work that they would reasonably be expected to do either under their contract of employment, or if there is no such contract, as part of their normal work.

The Regulations are also amended to ensure that, while there is no longer the requirement to report over three day injuries, any injury resulting from an accident arising out of or in connection with work which results in incapacitation for more than three consecutive days will still need to be recorded. The information that needs to be recorded is the date and time of the accident; particulars of the injured person; place where the accident happened; and a brief description of the circumstances in which the accident happened. It is sufficient that this is recorded in an accident book, where such is required.

All incidents can be reported online. Only fatal or major injuries can be reported by telephone.

View the link to read the Health and Safety Executive (HSE)'s new guidance on these changes to RIDDOR.

For more information, please contact John Mitchell, head of Blake Lapthorn solicitors' Health and Safety team in Southampton on 023 8085 7231; email john.mitchell@bllaw.co.uk.