Reporting cases of disease under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)

Introduction

1. This notice draws attention to the low level of reporting of occupational diseases offshore and clarifies some aspects of the reporting requirements under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

Background

2. Two categories of disease are reportable under RIDDOR:

• occupational diseases (listed in Part I of Schedule 3 to RIDDOR);
• diseases additionally reportable in respect of offshore workplaces (listed in Part II of Schedule 3 to RIDDOR).

3. The level of reporting of diseases from offshore is low. Information on occupational dermatitis below provides an example:

• In the five years between April 1996 and March 2001, 19 reports were made to HSE. Records suggest that more cases have been seen by offshore medics than have been reported.
• The workforce in the Norwegian sector is much smaller than that in the UK sector but the number of annual reports of dermatitis is much higher (between 1993 and 2001 there were between 38 and140 cases reported in the Norwegian sector each year).

4. Some incidences of offshore disease may not be captured because of the reporting requirements set out in RIDDOR (see paragraphs 6-12 below), eg where there has been:

• treatment by an offshore medic;
• self-treatment; or
• reporting through the onshore office by contractors.

Reporting requirements

5. The arrangements for reporting injuries, diseases and dangerous occurrences offshore are explained in Operations Notice 30.

6. A report should be made by the responsible person when:

• a written diagnosis of one of the diseases listed in Column 1, Schedule 3 of RIDDOR has been made by a medical practitioner, eg a GP’s statement on a medical certificate; and
• the employee’s current job involves the corresponding activity in Column 2, Part I of Schedule 3; or
• it is a disease additionally reportable in respect of offshore workplaces as listed in Part II of Schedule 3.

7. For self-employed people, a written diagnosis is not required to trigger a report; but if they are diagnosed by a doctor to be suffering from a disease listed in Schedule 3, and told about it directly by the doctor, then they (or someone on their behalf) must report it. As with employees, this only applies if their current job involves the corresponding activity in column 2, Part I of Schedule 3 or is a disease additionally reportable in respect of offshore workplaces.

8. Unlike injury reporting, there is no ‘over-3-day’ rule for reporting cases of disease. The length of time that an affected individual is away from work does not affect the need to report; and it may be necessary to report an occupational disease in an individual who has not been away from work at all.

9. For reporting purposes, offshore workers are regarded as ‘at work’ during both their working shift and their rest periods under regulation 2(3) of RIDDOR. Therefore, diseases arising from living on the installation are reportable whether or not they are directly caused by work. For example, dermatitis caused by biological washing powder left on laundered clothes or by soap provided in cabins would be reportable.

10. If there is good evidence that a condition has been caused solely by exposure to an agent found outside the workplace it need not be reported. However, if there is any possibility that the working environment contributed to the condition it should be reported.

Action required

11. Employers will need to have a system in place to ensure that RIDDOR reports are made. Employers should also advise employees to see a medical practitioner on return from work offshore if;

• an offshore medic has recorded a possible case of occupational disease; or
• the employee complains of relevant symptoms; or
• relevant symptoms are evident as a result of any health surveillance undertaken in compliance with the Control of Substances Hazardous to Health Regulations 2002 (COSHH) or the Management of Health and Safety at Work Regulations 1999 (MHSWR).

12. Employers should also be aware that information on reportable ill health and diseases in an employee could be obtained from various sources. Systems need to be in place to track these sources and to identify where diseases and ill health may have workplace causes and therefore be reportable to HSE. Examples include: sick notes going to the human resource department for payroll reasons; medical reports on employees with long-term ill health; and medico-legal reports (eg by an expert witness) supporting claims.

13. Where more than one employer is involved, they must all co-operate and co-ordinate measures to comply with the requirements of regulations 11 and 12 of MHSWR. This includes passing on information related to the recognition and reporting of occupational diseases. For example, the owner/operator should inform the relevant employer where a medic has identified a possibly reportable disease in one of their employees.

14. HSE’s Hazardous Installations Directorate, Offshore Division will consider enforcement action where there is evidence of a failure to report diseases under RIDDOR.

References

• The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 SI 1995/3163 The Stationery Office 1995 ISBN 0 11 053751 3. Available from:

  The Stationery Office Publications Centre,
  PO Box 276,
  London SW8 5DT
  Tel: 0870 600 5522;
  Fax: 0870 600 5522;
  Website: www.clicktso.com

  They are also available from bookshops.

• A guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 L73 (Second edition) HSE Books 1999 ISBN 0 7176 2431 5
• RIDDOR offshore: Reporting of Injuries, Diseases and Dangerous Occurrences Regulations Leaflet HSE33(rev1) HSE Books 1999 (single copy free)

• HSE priced and free publications are available by mail order from:

  HSE Books,
  PO Box 1999,
  Sudbury,
  Suffolk CO10 2WA
  
  Tel: 01787 881165
  Website: http://books.hse.gov.uk

Further information

Any queries relating to this Notice should be addressed to:

Health and Safety Executive
Hazardous Installations Directorate
Offshore Division
Lord Cullen House
Fraser Place
Aberdeen
AB25 3UB

Tel: 01224 252500
Fax: 01224 252615