The Health & Safety Executive’s (HSE) guidance in respect of RIDDOR and COVID-19 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 construed as an admission of responsibility should a criminal and/or civil action be pursued.
At the start of the COVID-19 pandemic, the Health & Safety Executive (HSE) provided guidance on when deaths from COVID-19 or instances of COVID-19 should be reported to it. The HSE emphasised RIDDOR reports were only required in relation to employees where a death had occurred as a result of occupational exposure to COVID-19 or a person had contracted COVID-19 in the workplace. When deciding on whether a RIDDOR report is required, a “responsible person” within the organisation should make an informed decision on whether a confirmed diagnosis of COVID-19 is likely to have been due to exposure at work.