Summary / Citation: With regard to reporting obligations, the law distinguishes between “non-fatal injuries to workers”, “non-fatal injuries to non-workers”, “work-related fatalities”, “dangerous occurrence” and “Occupational diseases” and the reporting procedure is set out in Schedule 1.
Non-fatal injuries to workers (§ 4)
The reporting procedure must be followed when any person at work, as a result of a work-related accident, suffers any of the following: “any bone fracture diagnosed by a registered medical practitioner, other than to a finger, thumb or toe; amputation of an arm, hand, finger, thumb, leg, foot or toe; any injury diagnosed by a registered medical practitioner as being likely to cause permanent blinding or reduction in sight in one or both eyes; any crush injury to the head or torso causing damage to the brain or internal organs in the chest or abdomen; any burn injury (including scalding) which covers more than 10% of the whole body’s total surface area or causes significant damage to the eyes, respiratory system or other vital organs; any degree of scalping requiring hospital treatment; loss of consciousness caused by head injury or asphyxia; or any other injury arising from working in an enclosed space which leads to hypothermia or heat-induced illness or requires resuscitation or admittance to hospital for more than 24 hours”. “Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident.”
Non-fatal injuries to non-workers (§ 5)
“Where any person not at work, as a result of a work-related accident, suffers an injury, and that person is taken from the site of the accident to a hospital for treatment in respect of that injury; or
a specified injury on hospital premises, the responsible person must follow the reporting procedure (…)”.
Work-related fatalities (§ 6)
Where any person dies as a result of a work-related accident, occupational exposure to a biological agent or an injury reportable under regulation 4, the responsible person must follow the reporting procedure.
This does not apply to a self-employed person who suffers a fatal accident or fatal exposure on premises controlled by that self-employed person.
Dangerous occurrence (§ 7)
"Where there is a dangerous occurrence, the responsible person must follow the reporting procedure (...)."
Occupational diseases (§ 8)
Where, in relation to a person at work, the responsible person receives a diagnosis of any of the following: Carpal Tunnel Syndrome, where the person’s work involves regular use of percussive or vibrating tools; cramp in the hand or forearm, where the person’s work involves prolonged periods of repetitive movement of the fingers, hand or arm; occupational dermatitis, where the person’s work involves significant or regular exposure to a known skin sensitizer or irritant; Hand Arm Vibration Syndrome, where the person’s work involves regular use of percussive or vibrating tools, or the holding of materials which are subject to percussive processes, or processes causing vibration; occupational asthma, where the person’s work involves significant or regular exposure to a known respiratory sensitizer; or tendonitis or tenosynovitis in the hand or forearm, where the person’s work is physically demanding and involves frequent, repetitive movements, the responsible person must follow the reporting procedure.
There are provisions specifically addressing exposure to carcinogens, mutagens and biological agents (§ 9), diseases offshore (§ 10), gas-related injuries and hazards (§ 11) and mines, quarries and offshore site disturbances (§ 13).
Restrictions / obligations: Where the injury or death of a person arises out of the conduct of any operation on, or any examination or other medical treatment of, that person (such operation, examination or other treatment being conducted by or under the supervision of a registered medical practitioner or a registered dentist), the requirements provided for in §§ 4,5,6(1) do not apply. Except in relation to an offshore workplace, regulations 4 to 9 do not apply to anything which must be notified under the Nuclear Installations Act 1965(d); the Merchant Shipping Act 1988(e); Orders and Regulations made or to be made under the enactments in (a) and (b); the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996(f); (§ 14).
Where the responsible person is under more than one requirement to make a notification/report under these Regulations, only one notification/report is required if the following conditions are met: the facts giving rise to each requirement are identical; the information required to be provided by each requirement is provided; where the requirements have different time limits, the shortest time limit is complied with; and in the case of a mine or quarry, all steps referred to in paragraph 4 of Part 1 of Schedule 1 are complied with (§ 15).
• The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (2013 No. 1471). (§§ 4-15)
Related CEACR Comments
• Labour Inspection Convention, 1947 (No. 81) Observation 2020
• Labour Inspection Convention, 1947 (No. 81) Direct Request 2009
