In a move that has been widely anticipated, the HSE has confirmed its backing for Lord Young's proposal to increase the employee absence threshold before a work related injury becomes reportable under the Reporting of Injuries,Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).This amendment is likely to come into effect from 6 April 2012. Gareth McManus discusses its implications
In a move that has been widely anticipated, the HSE has confirmed its backing for Lord Young's proposal to increase the employee absence threshold before a work related injury becomes reportable under the Reporting of Injuries,Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).This amendment is likely to come into effect from 6 April 2012. Gareth McManus discusses its implications
After considering the hundreds of responses to its consultation, the HSE has announced that it will recommend to the Secretary of State for Work and Pensions that regulation 3(2) of RIDDOR, should be amended in accordance with the proposals contained within Lord Young's report, “Common Sense, Common Safetyâ€.
Under current law, in addition to reporting fatalities, major injuries and some categories of 'near misses', employers are also required to submit a report under RIDDOR if an employee is unable to return to work for more than three consecutive days after suffering a work related injury. However, once the proposed amendment takes effect, employers will not be required to report work related injuries until the injured employee is absent for more than seven consecutive days. The way in which the consecutive period is calculated will not change as it will still begin the day after the injury occurred and will still include all non-working days.
The proposals have received a mixed reception from businesses and health & safety professionals with those in favour pointing to the reduced bureaucratic burden falling on employers as a major advantage of the reform. In addition to reducing the number of incidents employers are required to report, it will also bring the regulation into line with the number of days an employee is absent before they are required to obtain a “fit note†from a GP, declaring whether they are able to return to work. This will ensure that anybody who has suffered a reportable injury has also had a professional medical assessment.
Some critics of the reforms have raised concerns that the changes may not only lead to a lowering of standards but will also limit the HSE's ability to build a clear picture of the risk profiles of different workplaces, which in turn will hinder the effective targeting of its increasingly stretched resources.
Lord Young's report also recommends that the HSE should conduct a wide ranging review of all aspects of RIDDOR and so more fundamental changes could soon be on the horizon. Whatever those changes are, it is highly likely that in the current political climate, those advocating a reduction in the bureaucratic burden on business will remain in the ascendancy.
Some less controversial changes to the ways in which employers can report incidents to the HSE are also in the pipeline. At the current time RIDDOR reports can be made by telephone, email, post, fax or online but from 12 September 2011, reportable incidents must be notified to the HSE using one of seven online forms available on the HSE's website. Those reporting major incidents or cases involving very serious injury or death will still be able to speak directly to an HSE representative by telephone, however, notifications by email, fax and post will be phased out entirely.
As part of this shift to internet based communication, the HSE will also cease to provide its “info line†telephone service from the end of September 2011. After this date anyone seeking information or assistance will be directed to the HSE's website. Further information on RIDDOR and incident reporting is available at: www.hse.gov.uk/ riddor/riddor.htm.
Changes to the Work Related Deaths Protocol
In other developments, changes to the Work Related Deaths Protocol are being introduced in October of this year which may have a significant impact on proceedings at inquests. The protocol which, amongst other things, governs the role of the various authorities following a workplace death, does not currently allow any prosecutions for health & safety offences to take place before the conclusion of the Coroner's inquest.
New guidance will allow health & safety prosecutions to be brought prior to inquests where there is little prospect of a verdict of unlawful killing being returned by the Coroner or inquest jury. It is hoped that this will speed up the justice system and families who have lost loved ones will not have to wait years before cases are brought to court. These changes may also help to open up proceedings at inquests as witnesses will not need to be quite so wary of incriminating themselves or their employers for health & safety offences when giving evidence.
Gareth McManus is a lawyer in the safety, health and environment team at national law firm Berrymans Lace Mawer LLP (gareth.mcmanus@blm-law.com).
