Key elements and exemptions in the duty to report deaths and injuries
Key elements
Regulation 3 covers reporting work-related deaths, injuries and dangerous occurrences and requires three key elements before deaths and injuries must be reported:
- There must have been an accident (this is a distinct, adverse event that is external to the deceased or injured person, and was unintended). There are two exceptions:
- Suicides on a ‘relevant transport system’ (e.g. a railway) must be reported.
- Reportable deaths and injuries from an act of non-consensual physical violence to a person at work must be reported.
- That accident must have arisen out of or be connected to the work activity.
- This must result in a death or reportable injury.
What is meant by ‘arisen out of or be connected to the work activity’?
When deciding if the accident that led to a death or injury has arisen out of or is connected to work, the key questions are whether the accident was related to:
- the way the work was carried out;
- any machinery, other plant, substances or equipment used for the work; and/or
- the condition of the site or premises where the accident happened.
If any of these factors did play a part in causing the accident, then the injury should be reported.
Exemptions
In general, regulation 10 of RIDDOR exempts dutyholders from reporting deaths and injuries that result from:
- medical or dental treatment or examination carried out by, or under the direct or indirect supervision of, a doctor or registered dentist; or
- the movement of a vehicle on a road (but not if the person was loading or unloading the vehicle, working alongside the road, e.g. constructing or maintaining the road or adjacent buildings, or the accident involved a train or there was an escape of substance from the vehicle); or
- the deceased or injured person was a member of the armed forces on duty; or
- reporting would duplicate the requirements of another statutory reporting system listed in Schedule 7 of RIDDOR. These include the following:
- Nuclear Installations Act 1965
- Merchant Shipping Act 1988
- Ionising Radiations Regulations 1999
- Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005
- Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996
- Radiation (Emergency Preparedness and Public Information) Regulations 2001
