Changes to RIDDOR: What are the implications?

The HSE is currently looking at changing the period of absence that triggers a RIDDOR report. Vikki Woodfine explains why continuing to record incidents is still crucial irrespective of the proposed changes

For most companies, a reportable accident or dangerous occurrence at work is a comparatively rare event. However, when an accident or ill health does happen on site there is a legal duty to report it. These regulations are called the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and are made under the Health and Safety at Work Act 1974. The information supplied helps the Health and Safety Executive (HSE) and / or local authority to identify where and how risks arise and to investigate serious accidents.

Up until now, the period of employee absence that triggers a RIDDOR report has been three days, however, the HSE is proposing to increase this to seven consecutive days. This period will include weekends and non-working days but excludes the day of the accident.

Critics of this proposal have argued that removing the need to report accidents causing an absence of three days will weaken the effectiveness of the HSE’s enforcement activity. Certainly, if it does come into force, there is a danger that employers might not capture information which could potentially highlight or expose risk areas within their business.

It is crucial therefore that companies continue to monitor any injuries or illnesses resulting in an absence of over three days internally for their own purposes.

By reviewing these records on a regular basis, managers will be aware of any dangerous practices or machinery in the workplace which are regularly causing accidents or injuries. From this information, they can then take preventative measures, such as amending existing policies and procedures, providing further training for staff or investing in new technology. This will ensure that relevant risk assessments are as current as possible.

Recording incidents still mandatory
It is also important to note that employers continue to be obliged to record any incident, regardless of the period of the employee absence, and retain these records for three years. These records are another important monitoring tool for hazards in the workplace.

Although this proposed seven day trigger period would make life easier and would not be a drastic departure from current legal obligations, continued reporting will give companies a far better picture of where the dangers lie on site.

Monitoring of reports on a regular basis and taking appropriate action promptly will make on-site operations safer and more efficient.

Furthermore, it could result in the prevention of a serious injury or even a fatality.

Looking ahead, it appears that there could be future fundamental changes to RIDDOR on the horizon.

Following Lord Young’s recent report, Common Sense, Common Safety, there is now the possibility of a complete overhaul of the current system of reporting workplace incidents. In his report, Lord Young commented that RIDDOR is often seen as a cumbersome system, with compliance levels with the system standing at around just 50%. He questioned its successful operation, particularly in view of the fact that the data captured by RIDDOR is readily available from other sources. Lord Young recommended that the HSE reexamine RIDDOR to determine whether it is the best approach to providing an accurate picture of workplace accidents throughout the country. If changes are made to the current RIDDOR system, the HSE will have to ensure that compliance with the existing obligations on EU Member States to report workplace incidents under the Eurostat Framework Regulation is not forgotten. If RIDDOR is amended substantially, a new system will be required to capture the required data, which could increase costs for the HSE, and effectively cancel out any savings made by this reduction in reports generated.

In response, the HSE has stated that it welcomes Lord Young’s proposals, which provide an opportunity to refocus health and safety on what it is really about ? managing workplace risks, and will begin work in relation to the recommendation to re-examine RIDDOR once the impact of the seven day change has been evaluated.

Vikki Woodfine is a senior solicitor at DWF.