Proposed changes to H&S Accident Reporting
Does the latest consultation from the HSE indicate a move towards common sense in health and safety or simply an HSE cost cutting exercise?
The HSE has recently published a consultation document in relation to a proposed change of Regulation 3(2) of the Reporting of Injuries, Diseases and Dangerous Occurences Regulations 1995 (RIDDOR). Currently, if an employee is absent from work for more than three days due to an illness or injury caused by an accident at work, this must be reported to the relevant enforcement authority - the Health and Safety Executive (HSE) or local authority.
The HSE is proposing to extend the period of absence that triggers a report under RIDDOR to seven consecutive days. This period will include weekends and non-working days, but excludes the day of the accident.
This change was a recommendation of Lord Young in his report "Common Sense, Common Safety" from October 2010. Introducing a period of seven days will bring the reporting of injuries in line with the need for employees to obtain a note from their GP for their absence. Lord Young placed great emphasis on the importance of someone who has suffered a reportable injury having undergone a professional medical assessment.
The HSE has calculated that the number of incidents reported to them and to local authorities will reduce by around 30% if this proposed change is introduced. The estimated cost of dealing with reports of absences of over 3 days is £1.3 million, and for local authorities it amounts to £267,000.
Given the current economic climate it is clear to see why making such a saving would be an attractive option to the HSE and local authorities, particularly given that as part of the Spending Review, the HSE is required to reduce its budget by 35% between 2010 and 2014.
Some organisations, particularly trade unions, have raised concerns that removing the need to report accidents arising from three day absences will weaken the effectiveness of the HSE's enforcement activity. If these reports are no longer collated by the HSE then a large amount of data on minor accidents in the workplace will be lost. Fewer reports may reduce the ability of inspectors to review accidents and target their inspections on companies with high numbers of reportable accidents resulting in a short absence. The HSE however stress that removing the obligation to report such accidents will not impact their enforcement strategy.
If this proposal is introduced employers should ensure that they continue to monitor any injuries or illnesses resulting in an absence of over three days internally for their own purposes. The duty for employers to record any incident regardless of the period of the absence and retain these records for three years will remain unchanged. Such records are an important tool in monitoring hazards in any workplace.
By reviewing the records on a regular basis employers will be aware of any dangerous practices or machines in their workplace which are regularly causing minor injuries. This will give an employer a chance to take preventative measures, such as amending an approved procedure, providing further training for their staff or investing in new technology. Being aware of where the dangers lie and taking appropriate action promptly may result in the prevention of a serious injury.
There is an existing obligation on EU Member States to report injuries or illnesses resulting in three days off work under EU law, from the Eurostat Framework Regulation. This is currently undertaken by the HSE using the RIDDOR system. However, if the RIDDOR Regulations are amended, a different system will be required to generate data on such injuries, which could result in increased costs for the HSE. The HSE have not yet given details of a system to report such accidents to Eurostat, but it is clear that this could undo many of the cost savings achieved by the reduction of the RIDDOR reporting obligation.
If the confusion and issues in reporting under the Eurostat Framework Regulation can be avoided, the amendment to RIDDOR would be a positive step for employers in removing some of the 'red-tape' associated with health and safety regulations. The consequent financial saving would also allow the HSE to work within its new reduced budget without having to make cuts from the provision of its advisory and enforcement services. However, employers should ensure that they continue to monitor their own accidents to remain aware of any dangers within their business.
Vikki Woodfine is a senior solicitor in DWF's Regulatory Team - 0161 603 5060 or vikki.woodfine@dwf.co.uk