Most businesses will be aware that they have a duty under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) when there has been an accident which is work-related and has resulted in an injury of a type which is reportable whether to a worker or a non-worker.
Of course work-related fatalities must also be reported and RIDDOR 2013 also makes it a requirement to report some work related diseases.
The responsibility to report falls of the ‘responsible person’ which is defined as:
- an employee, that employee’s employer; or
- a person not at work or a self-employed person, or in relation to any other dangerous occurrence, the person who by means of their carrying on any undertaking was in control of the premises where the reportable or recordable incident happened, at the time it happened…
But where does this leave you if you are using agency workers? This is something that we have been asked on several occasions.
The employment agency, in many cases, is the legal employer and should therefore, in theory, report the accident. However, it can depend on what has been agreed between the agency and the person responsible for the premises where the accident occurred.
When using agency workers you may therefore wish to err on the side of caution and report the accident as the person in control of the business. In reporting it you will not have caused the business any additional difficulty as the HSE will investigate where the accident happened, not the employer’s premises if this is different. However, if you are concerned about RIDDOR statistics you should ensure that you have a clear agreement with the agency employer as to who will report any accidents and ensure that you are provided with a copy of the RIDDOR report form within the specified reporting period.
Whatever you decide, you must avoid a scenario in which no-one reports an accident as failure to do so is an offence.
The content of this article is for general information only. For further information regarding RIDDOR and agency workers, please contact Philippa Dyer. Law covered as at November 2016.