Some work-related accidents, including all fatal and major accidents, diseases and dangerous occurrences, must be reported to the relevant enforcing authority: either HSE or the local authority. The RIDDOR website provides information about RIDDOR and allows you to report accidents, diseases and dangerous occurrences online.
Where work experience students are on a school roll, the accident must also be reported to the school (and local authority if they are from a maintained school), who will use their own reporting and investigating mechanism where deemed necessary.
Where the work experience is part of a Government funded scheme, the accident or incident must also be reported using the Learning and Skills Council Learner Incident Reporting mechanism, details of which are available from your local LSC. The Learner Incident Report is downloadable and must be returned to the local LSC who will decide whether to further investigate. The report and any conclusions will be forwarded to the DfES for statistical purposes and to inform the Government of accident/incident trends.
It is not possible to anticipate every conceivable situation that may arise. A degree of judgement will be required by the responsible person.
For an incident involving an injury or where someone has been taken to hospital to be reportable, it must have been as a result of an accident ‘arising out of or in connection with work’, regulation 2(2)(c) of RIDDOR. The term ‘arising out of or in connection with work’ has a wide meaning and the regulation does not give a complete definition. It sets out three key factors to be taken into account when deciding if an accident arose out of or in connection with work. These are:
There must normally be a connection between one of the above factors and the incident for the incident to be reportable. Such a connection can arise because of either an act or an omission on the part of the dutyholder but this does not have to be the case.
The duty to report incidents rests with the ‘responsible person’. This can either be the employer, self-employed person or ‘person in control of the premises’, eg the manager of the premises.
Whether or not to report accidents which occur during professional sport is a subject of much debate. The comments below are intended to assist in resolving uncertainties.
Assuming the injuries are ‘major’ or ‘over-three-day’, injuries suffered by professional footballers (including trainees) and other sportsmen and women whilst they are ‘at work’, whether during training or as part of a game, could fall within the scope of RIDDOR. The interpretation of the three key factors outlined above (see A guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) will govern reportability.
Therefore, routine ‘foreseeable’ events, eg injuries during tackles (whether fouls or not) or muscle strains arising during fitness training, will not be reportable. Accidents arising from defective plant eg gym equipment, advertising hoardings etc will be reportable.
Injuries arising from acts of violence which stray beyond what would reasonably be accepted within the nature of the activity would not normally be reportable, and in extreme circumstances they could be considered as assault. However, the incidents should be recorded and investigated.
Students engaged in ‘relevant training’ are deemed to be employees. So if students on work experience are injured and taken to hospital, then that event on its own is not reportable. Subject to the three key factors outlined above, major injuries and over-three-day injuries, as well as reportable diseases arising from the work activity, will be reportable.
Regulation 3(1)(c) and (d) cover the reportability of injuries to students not engaged in relevant training (once again these are subject to the three key factors outlined above). In these cases, whether or not treatment is given is irrelevant.
Young offenders engaged in training activities would be considered as employees if they were engaged in ‘relevant training’ (subject once again to the three key factors outlined above). Their status as prisoners would have no effect on whether these accidents etc are reportable.
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