COVID-19: Safety, Health And Environment Regulatory - HSE's New Guidance: RIDDOR Requirements

On 2 April 2020, the HSE issued new guidance to assist businesses identifying work related instances of COVID-19 that require reporting under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 ("RIDDOR").

Significantly, the regulations themselves have not changed but the HSE has quite properly taken the view the way they should be applied in these extraordinary circumstances should be made clear. As with all cases in a workplace context, businesses should carefully consider whether an incident is RIDDOR reportable as failure to report can have serious ramifications, potentially resulting in criminal investigation and prosecution, and seek legal advice if necessary.

Before reading this article any further, it is also worth noting that the virus is coronavirus (or SARS-CoV-2) and the disease is COVID-19.

What does the HSE's guidance say?

The guidance confirms that a responsible person "must only [our emphasis] make a report under RIDDOR when:

An unintended incident at work has led to someone's possible or actual exposure to coronavirus.This must be reported as a dangerous occurrence, or

A worker has been diagnosed as having COVID-19 and there is reasonable evidence that it was caused by exposure at work.This must be reported as a case of disease.

A worker dies as a result of occupational exposure to coronavirus".

Looking at the above guidance in isolation is not particularly helpful. Instead, to put the guidance in to context, it is essential to look at (i) what the provisions in the regulations require along with (ii) the examples provided by the HSE in its guidance regarding what needs to be reported. Only then is it possible to properly understand what the guidance requires.

Dangerous occurrences

What does RIDDOR say?

The relevant RIDDOR provision requires the following dangerous occurrence to be reported - "any accident or incident which results or could have resulted in the release or escape of a biological agent [which includes coronavirus] likely to cause severe infection or illness".

What is the case example in the guidance?

The HSE's guidance states "if something happens at work which results in (or could result in) the release or escape [our emphasis] of coronavirus you must report this as a dangerous occurrence. An example of a dangerous occurrence would be a lab worker accidentally smashing a glass vial containing coronavirus, leading to people being exposed".

Cases of disease: Exposure to a biological...