The Health & Safety Executive’s (HSE) guidance on COVID-19 related incidents in respect of RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) presents a significant challenge to those responsible for reporting within a care setting. Care providers are understandably concerned that notifying the HSE of a non-reportable incident could result in an unnecessary HSE investigation. Some care providers are also concerned that a notification under RIDDOR may be misinterpreted as an admission of responsibility should a criminal and/or civil action be subsequently pursued.
Care providers should be aware that a failure to report deaths, dis- eases and dangerous occurrences in accordance with RIDDOR is a criminal offence that can attract a significant fine and/or imprisonment. It is essential that you fully consider the applicability of RIDDOR when assessing a COVID-19 related death or occurrence.
Peter James, Partner in the Safety, Health and Environment team and Edward Sainsbury, Partner in the Occupational Disease team, provide more detail and guidance about the challenges facing care providers in an article published in The Carer. Please click here to read more.
