Here we consider the HSE’s recent guidance which covers when it is necessary to make a report of exposure to coronavirus.
You may well be familiar with making reports under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (“RIDDOR”) for workplace accidents such as falls, or occupational diseases such as Hand Arm Vibration Syndrome.
RIDDOR places a duty on employers, self-employed workers and people in control of work premises to report certain types of serious workplace accidents, occupational diseases and dangerous occurrences or ‘near misses’. In the midst of the current pandemic, there are now instances in which it may be necessary to make a RIDDOR report if someone is exposed to Covid-19.
There are three instances in which a report must be made to the HSE as follows:
- If an accident or unintended incident at work has given rise to possible or actual exposure to coronavirus, this must be reported as a dangerous occurrence. It is not necessary for a worker to have contracted the virus in order for the incident to become a reportable occurrence.
- If 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: exposure to a biological agent.
- If a worker dies as a result of occupational exposure to Covid-19, this again must be reported as a death due to exposure to a biological agent.
Failure to make a RIDDOR report in the above situations is a criminal offence and individuals and companies can be prosecuted for failing to make reports.
The focus of the HSE’s guidance is very much on the health and social care sector and its workers who provide care and treatment to patients who have contracted coronavirus. In circumstances where those workers have gone on to develop the disease, their diagnosis alone will satisfy the “reasonable evidence” test that the exposure arose from the workplace.
Aside from frontline health and social care, another key industry which is at increased risk of exposure to Covid-19 are laboratories who are either researching the disease or testing samples in order to provide a diagnosis. If laboratory workers are accidentally exposed to the virus, such as if a glass vial containing coronavirus was smashed by an employee, this would be a reportable ‘dangerous occurrence’.
In respect of non-healthcare settings, the HSE’s guidance is not as clear. There is likely to be far less testing available for non-healthcare workers and it would be much more difficult to establish a link between exposure specifically in the workplace and someone developing the disease. The very nature of the virus means that it can be easily contracted anywhere such as in shops or other communal areas.
It will be for the employer to interpret whether there is reasonable evidence that the disease was contracted at the place of work but unless there is a clear direct link, it will not be necessary to make a RIDDOR report. In the circumstances, it is unlikely that there will be a large number of Covid-19 related RIDDOR reports outside of health and social care or specialist coronavirus laboratory settings.
If you require advice as to whether an incident is reportable or assistance in making a RIDDOR report, please do not hesitate to contact Lachlan Nisbet or Charlotte McRae in the Regulatory team.
