The RIDDOR regulations were last updated in 2013 and since then have resulted in many instances of under and over reporting and a lack of clarity as to whether an incident should be reported. The consultation (which closes on 30th June) represents a significant review in an attempt to modernise health and safety reporting and keep abreast of new technologies and changes across many sectors.
While RIDDOR applies across all sectors, its obligations are of significance within the construction industry, due to high-risk activities, temporary works, heavy machinery and moving structures on site. Duty Holders have a legal responsibility to report certain incidents and occurrences and failure to do so can result in a sentence of up to 2 years imprisonment. We consider whether the RIDDOR consultation is set to widen the reporting obligations within this sector.
Who is responsible for reporting under RIDDOR?
Under RIDDOR the 'responsible person' is required to report to the HSE; this includes employers, self-employed individuals and contractors.
What must be reported?
Currently, categories of workplace incidents that must be reported includes:
- Fatal accidents- all work-related deaths must be reported;
- Specified injuries - this includes fractures, amputations, burns covering more than 10% of the body, loss of consciousness cause by head injury and other injury arising from working in an enclosed space requiring resuscitation or hospital admission for more than 24 hours;
- Over seven-day injuries;
- Dangerous occurrences - specific injuries with the potential to cause serious harm, even if no injury occurred;
- Occupational diseases - work related diseases diagnosed by a registered medical practitioner.
The HSE confirms that an incident must be notified to the HSE 'without delay' and then reported formally within 10 days of the incident: a two-stage process requiring notification first, then formal reporting.
The Consultation – What does it mean for the construction industry?
A key feature of the ongoing consultation is the HSE’s proposal to clarify definitions within RIDDOR where the current terminology is unclear or ambiguous. The HSE is seeking views on whether updated definitions would improve consistency in reporting and address the longstanding issue of both under‑reporting and over‑reporting. The consultation makes clear that there is uncertainty about what is reportable, as well as outdated categories of 'dangerous occurrences' and 'occupational diseases' that don’t reflect modern working practices and are no longer be captured by the categories set out within the legislation.
The proposed incidents that are set to become reportable within the construction industry
Subject to the consultation process, common practices within the construction industry which the HSE propose should become reportable under RIDDOR's 'dangerous occurrences' category, include:
- Falling objects: capturing unintentional drops from structures under construction or demolition where there is potential for death.
- Overturning: to bring 'overturning incidents' involving excavators, mobile plant, drill rigs and piling rigs into clearer reporting scope as dangerous occurrences.
- Structural / temporary works failures: to cover the collapsing of roofs, ceilings, temporary works and trenches.
- Tunnelling: tunnelling incidents are set to be brought more firmly into scope, including works involving tunnels over a specified diameter.
It is clear that the proposed reforms would widen the reporting requirements for employers and contractors within the industry, by expanding the definition of construction related 'dangerous occurrences' as set out above, and mandating the reporting of such instances. These changes could have practical implications for for how construction managers who will need to be clear about how incidents are recorded and reported – especially on complex projects where multiple contractors are involved.
Streamlining of RIDDOR reporting
The HSE is also seeking views on simplifying the online RIDDOR reporting form. The aim is to improve usability and address issues that contribute to incorrect or inconsistent reporting. Whilst the reporting requirements are set to become more onerous within the construction industry, it is anticipated that the reporting itself and the administrative burden of the same will be minimised.
Given the potential impact of the proposed changes, those operating within this sector are encouraged to engage with the consultation and provide evidence of the challenges faced, especially on complex construction sites.
