It is the responsible persons duty to make a RIDDOR report, this includes either an employer, self-employed person and people that are in control of work premises. There are different ways that the can make the report.
The responsible person can make the report online, on the HSE government page, there are different forms that a person can complete, they need to choose the appropriate one that will fit the incident the most, these include report of an injury, dangerous occurrence, offshore injury, dangerous occurrence offshore, report of disease, flammable gas, or dangerous gas fitting.
There is also a telephone service that can be used for reporting specified, fatal or major incidents, this phoneline is open Monday – Friday 8.30 – 5pm.
Situations that the responsible person may have to report
The person that is in control if the premises – If a self-employed person is working on someone else’s premises, the person in control of those premises is responsible for reporting deaths, specified injuries and over-7-day injuries to the self-employed. If a member of the public is killed or injured in a workplace accident, then the person in control of those premises is responsible for reporting. In a domestic setting, the employer in charge of the work would be responsible. If a dangerous occurrence happens on the premises, then it is the responsibility of the person in control of those premises to report.
Employment agency – There may be instances where a temporary worker (agency worker) suffers a reportable injury on another employer’s site. They are employed by the agency, but work temporarily on another employer’s site. Who has the duty to report RIDDOR reportable deaths and injuries to temporary workers? As the workers are on another site, it would be the person who is in control of the work premises, as the incident has occurred there. However, there is still confusion about who would be legally responsible, as the employee works for the agency. It would be advisable for the agency to clarify with the employer on who would be responsible for RIDDOR reporting, prior to the temporary worker starting with the company.
Gas conveyor, supplier, importer or distributor of flammable gas – If a person dies, has suffered a loss of consciousness or has been hospitalised, as a result of flammable gas, the responsible person (conveyor, supplier, importer or distributor) must report to the enforcement agency. It is important to note that the conveyor, supplier, importer or distributor must have been involved with the distribution, filling, importing or supply of the gas that caused the incident. An example would be where there has been a fire/explosion with the gas supplied and people have died. The responsible person must report as soon as they learn, directly or indirectly, about the incident. The reporting is often undertaken by gas Emergency Service Providers (ESPs).
Gas engineers – Are responsible for reporting gas related hazards (such as gas fittings, associated appliances, ventilation and flues) that are very dangerous and could result in death, loss of consciousness or hospitalisation. There is a duty for an engineer, or their employer, to report where the hazard relates to the design, construction, installation, modification or incorrect servicing of fittings. If these activities could result in an accidental leakage, incomplete combustion or inadequate removal of combustion products, then this is reportable. It does not include where there has been a lack of maintenance on fittings.
When to make a report
It is important to know what needs to be reported to RIDDOR and when to do it. It is also important to know what can be reported to RIDDOR and want doesn’t need to be reported.
If there has been a fatality, specified injury a report should be made immediately this can be done via telephone or online, the report should be sent within 10 days of the incident occurring.
If an injury that results in the person being off work for more than 7 continuous days then a report needs to be sent online within 15 days of the incident.
If there has been an injury that results in the person has being off work for more than 3 continuous days then reporting isn’t required but it should be recorded in the accident book. Every work place should have an accident book and if they don’t, they are breaking the law.
If there has been a diagnosed disease then the responsible person needs to report the diagnosis of the disease.
If there has been a dangerous occurrence then the responsible person needs to report immediately online or send a report in within 10 days of the incident.
If there has been a gas incident or a dangerous gas fitting then a report needs to be done online, it should be done within 14 days of the incident or observation of the fitting.
Health and Safety Issues
It is also important to know who you can contact about a health and safety issue, workers can report a problem to HSE, there is an online form they can fill in, they will look into the problem and make an assessment within 24 hours. They will then tell the person that raised the concern within 21 working days what action they are taking.
Whistleblowers are protected, HSE will not disclose their name with the employer, however the employer could guess who raised the concern if the person had already tried to raise concerns with the employer. There is also a phoneline that people can use to report a concern where they will go through the form over the phone.