The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 come into force today.
The main changes made by these Regulations are:
No changes are being made to:
Minor changes in wording have been made to the requirements for reporting gas hazards and injuries. It remains a defence in proceedings to prove that the organisation was unaware of the circumstances which gave rise to a reporting requirement, provided they have taken reasonable steps to be made aware.
A new regulation (15) restricts the need to report the same incident twice, provided that all the information required in respect of the multiple reporting requirements has been given and timescales are met.
New categories of reportable injury to employees
The list of major injuries is now contained within regulation 4 rather than within a schedule. Fractures other than to fingers, thumbs and toes are still reportable though with the caveat ‘as diagnosed by a medical practitioner. ‘Any amputation’ as a category has been replaced with ‘amputation of an arm, hand, finger, thumb, leg, foot or toe’.
Dislocations, chemical/ hot metal injuries to the eye, electric shock related injury, heat induced illness, hypothermia, and unconsciousness (in general), injuries requiring resuscitation in general and those requiring admittance to hospital for more than 24 hours are no longer reportable as major injuries.
The sight loss category has become, ‘any injury diagnosed by a registered medical practitioner as being likely to cause permanent blinding or reduction in sight in one or both eyes’.
Next there are three new categories:
Loss of consciousness caused by head injury or asphyxia is an altered category (previously loss of consciousness caused by asphyxia or exposure to substances was reportable).
Another new category is:
Note. For the time being we do not have a definition of ‘enclosed space’.
Changes to Reportable Disease Categories
Reportable occupational diseases are now summarised in regulation 8 as follows:
And regulation 9 adds two further categories:
Conclusion
The regulations have essentially been redrafted with some sections imported from the old regulations into the new structure. Even where requirements are very similar such as in the list of general dangerous occurrences there are subtle differences in wording.
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Employers must ensure that they protect new and expectant mothers from potential hazards in the workplace.
The law requires employers to assess the risks to their employees, including new and expectant mothers, and do as much as possible to control those risks.
This risk assessment must take account of work, which is of a kind, which could involve risks to the health and safety of a new or expectant mother because of her condition, or to that of her baby, from any processes, working conditions and physical, biological or chemical agents.
A new or expectant mother is defined as an employee who is pregnant, or has given birth within the previous 6 months, or who is breast-feeding.
The Assessment
The risk assessment must consider the following:
Manual handling – all expectant and new mothers must avoid significant manual handling operations.
The use of chemicals and substances – where identified as being hazardous, the use of chemicals must be eliminated or substituted from the work program of the employee.
Working whilst standing – where the employee’s role involves considerable standing, there should be regular short rest breaks.
Operating hazardous machinery – operating certain types of machinery (i.e. noisy, vibrating, etc.) can promote fatigue, discomfort and put the employee’s safety at risk. The use of this type of equipment should be avoided.
Night work – this type of work can cause concern or stress to certain individuals. Where this is identified, the person should be offered the option of transferring to daytime work.
New and Expectant Mothers
When you are notified in writing by an employee that she:
You must:
Identify any risks to the new or expectant mother.
Where there are risks to the health and safety of a new or expectant mother, which cannot be avoided by the preventative measures taken, you will need to:
Information
You should ensure that all new and expectant mothers are provided with comprehensive and relevant information on:
Review of Assessments
The risk assessment for the pregnant worker must be kept under review. Although the hazards are likely to remain the same throughout the pregnancy the risk may vary through the different stages of pregnancy.
Co-ordination, speed of movement and reach are all likely to be impaired because of the pregnant workers’ increase in size.
Rest Facilities
Facilities should be provided for expectant and nursing mothers to rest, which are:
The requirement for employers and the self-employed to undertake a suitable and sufficient
risk assessment comes from The Management of Health and Safety at Work Regulations
1999. Regulation 3 of these regulations states:
(6) Where the employer employs five or more employees, he shall record-
(a) the significant findings of the assessment; and
(b) any group of his employees identified by it as being especially at risk.
Part (b) requires employers to take particular account of young people and new and
expectant mothers.
It should be noted that if an employer has less than 5 employees it is still good practice to
record the findings of the assessment.
Employers do not need specific training or qualifications to carry out a risk assessment. As
an employer, you must appoint someone competent to help you meet your health and safety
duties. A competent person is someone with the necessary skills, knowledge and
experience.
A risk assessment is an examination of hazards that could potentially cause harm to people.
You will need to look at the effectiveness of existing control measures and the need for
further controls.
There are 5 steps to a risk assessment these are as follows:
1. Identify the hazards
First you need to work out how people could be harmed. As well as using your knowledge
and experience you can do this by walking around the business, asking employees and
looking at accident or ill health records.
2. Decide who might be harmed and how
You must identify which groups of people are at risk from these hazards, taking into
consideration the presence of cleaners, visitors, contractors and members of the public.
3. Evaluate the risks and decide on precaution
You will need to look at the controls you have in place and compare this with best practice to
see if there’s more you should be doing to bring yourself up to standard. This may mean that
additional control measures are required to reduce the risk to the lowest possible level.
4. Record your findings and implement them
Recording your risk assessments is a legal requirement where you have 5 or more
employees. However it is always good practice to do this as it shows employees and clients
that you have considered the risks and put relevant control measures in place. Your
employees can then refer to the risk assessment and make sure they are adhering to the
control measures in place.
5. Review your assessment and update if necessary
A risk assessment must be reviewed on a regular basis. It is important to review a risk
assessment after significant changes within the business such as new equipment, a change
in procedures or after an accident. Make sure employees are aware of the risk assessment
and the control measures in place. Involve employees in the process as they will have a
good understanding of the risks they come across every day.
The Trades Union Congress (TUC) and the construction trade union UCATT have slammed the proposed changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), arguing that they will lead to a further downgrading in safety reporting.
Subject to parliamentary approval, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 will apply from 1 October 2013.
Trade unions have criticised the changes for reducing the number of major injuries which require an automatic RIDDOR report.
A trade union source listed the following injuries as examples of those which will no longer require an automatic report:
The latest proposed changes come just over a year after previous changes to RIDDOR.
As of 6 April 2012, RIDDOR’s over-three-day injury reporting requirement changed. The trigger point has increased from over three days’ to over seven days’ incapacitation (not counting the day on which the accident happened).
The reduction in the requirement to report major injuries could be dangerous. Many of these type of injury are potentially life changing for those involved. If companies no longer have to report them then they are less likely to take preventive measures to stop them reoccurring.
Ensure your company has procedures in place and that employees are trained, instructed and informed in their work duties and that of the company procedures.
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