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The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

These regulations require the reporting of specified accidents, ill health and dangerous occurrences to the enforcing authorities. The events all arise out of or in connection with work activities covered by the HSW Act. They include death, major injury and more than three-day lost-time accidents. Schedules to the regulations specify the details of cases of ill health and dangerous occurrences.

For the majority of businesses reportable events will be rare and therefore little to do under these regulations apart from keeping the guidance and forms available and to be aware of the requirements.

Definitions – Reg 2

Accident includes an act of non-consensual physical violence done to a person at work. This means that injuries, through physical violence to people not at work are not reportable. Neither is any injury, which occurs between workers over a personal matter or is carried out by a visiting relative of a person at work to that person. However, if a member of the public caused injury to a person at work through physical violence, which is reportable.

Incidents involving acts of violence may well be reportable to the police which is outside the requirements of these regulations.

Notification and Reporting of Major Injuries and Dangerous Occurrences

The HSE or Local Authority should be notified immediately by the quickest means and sent a report form F2508 (or any other approved means) within 10 days following:

1. Death of a person as a result of an accident arising out of or in connection with work. Also if death occurs within one year of an accident, the authorities must be informed.
2. Major Injury to a person as a result of an accident arising out of or in connection with work.
3. where a person is not at work suffers an injury as a result of or in connection with work, and that person is taken from the site to hospital for treatment
4. where a person not at work suffers a major injury as a result of an accident arising out of or in connection with work at a hospital.
5. where there is a dangerous occurrence

Reporting of three day plus accidents – Reg 3

Where a person at work is incapacitated for work of a kind which they might reasonably be expected to do, either under their own contract of employment or in normal course of employment, for more than three consecutive days (excluding the day of the accident but including any days that they should not have been working) because of an injury resulting from an injury resulting from an accident at work, the responsible person shall within 10 days send a report on Form 2508 or other approved form, unless it has been reported under Reg 3 as a major injury.

Reporting of Cases of Disease – Reg 5

Where a medical practitioner notifies the employer’s responsible person that an employee suffers from a reportable work-related disease, a completed disease report form (F2508A) should be sent to the enforcing authority.

Enforcing Authorities

The local authorities are responsible for retailing, some warehouses, most offices, hotels and catering, sports, leisure, consumer services and places of worship.

The HSE are responsible for all other places of work.

You must keep records of all reported incidents for at least 3 years.

Major Injuries

• Any fracture, other than to the fingers, thumbs or toes
• Any amputation
• Dislocation of the shoulder, hip, knee or spine
• Loss of sight (whether temporary or permanent)
• A chemical or hot metal burn to the eye or any penetrating injury to the eye
• Any injury resulting from electric shock or electrical burn (including any electrical burn caused by arcing or arcing products leading to unconsciousness, requiring resuscitation or admittance to hospital for more than 24 hours.
• Any other injury
  • Leading to hypothermia, heat induced illness or to unconsciousness
  • Requiring resuscitation
  • Requiring admittance to hospital for more than 24 hours
• Loss of consciousness caused by asphyxia or by exposure to a harmful substance or biological agent
• Either of the following conditions which result from absorption of any substance by inhalation, ingestion or through skin
  a) acute illness requiring medical treatment
  b) loss of consciousness
  c) Acute of illness which requires medical treatment where there is a reason to believe that this resulted from exposure to a biological agent or its toxin or infected material.

Dangerous Occurrences

1. Lifting machinery, etc.
The collapse, overturning, or the failure of any load-bearing part of lifts and lifting equipment

2. Pressure systems
The failure of any closed vessel or of any associated pipe-work, in which the internal pressure was above or below or below atmospheric pressure.

3. Freight containers
The failure of any freight container in any of its load bearing parts

4. Overhead electric lines
Any unintentional incident in which plant or equipment comes into contact with overhead power lines.

5. Electrical short circuit
Electrical short circuit or overload attended by fire or explosion

6. Explosives
The unintentional explosion or ignition of explosives, misfire, the failure of the shots in any demolition operation to cause the intended extent of collapse, the projection of material beyond the boundary of the site, any injury to a person resulting from the explosion or discharge of any explosion or discharge of any explosives or detonator.

7. Biological agents
Any accidents or incident which resulted or could have resulted in the release or escape of a biological agent likely to cause severe human infection or illness.

8. Malfunction of radiation generators etc.
Any incident in which the malfunction of a radiation generator or its ancillary equipment used in fixed or mobile industrial radiography, the irradiation of food or the processing of products by irradiation, causes it to fail to de-energize at the end of the intended exposure period; or to fail to return to its safe position at the end of the intended exposure period.

9. Breathing apparatus
Any incident in which breathing apparatus malfunctions while in use, or during testing immediately prior to use.

10. Diving Operations
In relation to a diving project the failure or the endangering of diving equipment, the trapping of a diver, any explosion in the vicinity of a diver, any uncontrolled ascent or any omitted decompression.

11. Collapse of scaffolding
The complete or partial collapse of any scaffold which is more than 5m high in height; erected over or adjacent to water, in circumstances such that there would be a risk of drowning to a person falling from the scaffold into the water; or the suspension arrangements of any slung or suspended scaffold which causes a working platform or cradle to fall.

12. Train collisions
Any unintended collision of a train with any other train or vehicle

13. Wells
Any dangerous occurrence at a well other than a well sunk for the purpose of the abstraction of water.

14. Pipelines or pipelines works
Any dangerous occurrence in respect of a pipeline or pipeline works.

15. Fairground equipment
The failure of any load-bearing part or derailment or the unintended collision of cars or trains

16. Carriage of dangerous substances by road
Any incident involving a road tanker or tank container used for carriage of dangerous goods in which the tanker overturns, is seriously damaged, there is an uncontrolled release or there is a fire.

17. Collapse of building or structure
Any unintended collapse or partial collapse of any building or structure; under construction; reconstruction; alteration or demolition which involves a fall of more than 5 tonnes of material; any floor or wall of any building; or any false – work.

18. Explosion or fire
An explosion or fire occurring in any plant or premises which results in the suspension of normal work than 24 hours.

19. Escape of flammable substances
The sudden, uncontrolled release inside a building:
i) of 100 kg or more of a flammable liquid
ii) of 10kg or more of a flammable liquid above its boiling point
iii) of 10 kg or more of a flammable gas
500 kg or more of any of the substances, if released in the open air.

20. Escape of substances
The accidental release or escape of any substance in a quantity sufficient to cause the death, major injury or any other damage to the health of any person.

Reportable Diseases

These include:

• Certain poisonings
• Some skin diseases such as occupational dermatitis, skin cancer, chrome ulcer, oil folliculitis/acne
• Lung diseases, such as occupational asthma, farmers lung, pneumoconiosis, asbestosis, mesothelioma
• Infections such as leptospirosis, hepatitis, tuberculosis, anthrax, legionellosis and tetanus
• Other conditions, such as occupational cancer, certain musculosketal disorders, decompression illness and hand arm vibration syndrome