The owner of a Bedfordshire joinery and carpentry business pleaded guilty to failing to report an accident, where a person had two fingers amputated, which had occurred at his workshop.
Alex Defeo, a woodworking trainee, was employed at Fabs Designs’ workshop in Bedford, Bedfordshire, when the incident occurred on 4 December 2012.
On Wednesday 4 November 2015, Luton Magistrates’ Court was told that Mr Pasqualone did not report the incident, as is required by law. HSE only became aware of it at a later stage through Mr Defeo’s family.
This was a requirement for all employers under Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. Fabio Pasqualone Trading as Fabs Designs, of 110 Risborough Road Bedford, was fined £200 and ordered to pay £500 in costs.
If someone has died or has been injured because of a work-related accident this may have to be reported. Not all accidents need to be reported, other than for certain gas incidents. A RIDDOR report is required only when the accident is work-related, or it results in an injury of a type which is reportable.
Types of reportable injury
The death of any person
All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker.
Specified injuries to workers
The list of ‘specified injuries’ in RIDDOR 2013 replaces the previous list of ‘major injuries’ in RIDDOR 1995. Specified injuries are (regulation 4):
- fractures, other than to fingers, thumbs and toes
- amputations
- any injury likely to lead to permanent loss of sight or reduction in sight
- any crush injury to the head or torso causing damage to the brain or internal organs
- serious burns (including scalding) which:
- covers more than 10% of the body
- causes significant damage to the eyes, respiratory system or other vital organs
- any scalping requiring hospital treatment
- any loss of consciousness caused by head injury or asphyxia
- any other injury arising from working in an enclosed space which:
- leads to hypothermia or heat-induced illness
- requires resuscitation or admittance to hospital for more than 24 hours
Over-seven-day incapacitation of a worker
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.
Over-three-day incapacitation
Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, (all firms with more than 10 employees are required to keep a record of accidents) that record will be enough.
Non fatal accidents to non-workers (eg members of the public)
Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances.
There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.
Occupational diseases
Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work: These diseases include (regulation 8 and regulation 9):
- carpal tunnel syndrome;
- severe cramp of the hand or forearm;
- occupational dermatitis;
- hand-arm vibration syndrome;
- occupational asthma;
- tendonitis or tenosynovitis of the hand or forearm;
- any occupational cancer;
- any disease attributed to an occupational exposure to a biological agent.
Dangerous occurrences
Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting, a list of Dangerous Occurances is set out in Schedule 2. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example:
- the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;
- plant or equipment coming into contact with overhead power lines;
- the accidental release of any substance which could cause injury to any person.
