Rank: Forum user 
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Morning all.
General question here. It's taken more than the 15 days for an IP to let the H&S team of a RIDDOR level accident. So, what is the WORST case scenario?
Not report as it's too late and risk concequences of not reporting?
RIDDOR anyway and risk the concequences of reporting too late?
Thanks.
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Rank: Forum user
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Not reporting and reporting late are both offences, but it is a valid defence if, despite all your best efforts, you were unaware of the incident.
See: The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 No. 1471 Regulation 16
http://www.legislation.gov.uk/uksi/2013/1471/regulation/16/made Defence 16. In proceedings against any person for failing to comply with a requirement of these Regulations, it is a defence for that person to prove that they were not aware of the circumstances which gave rise to that requirement, so long as that person had taken all reasonable steps to be made aware, in sufficient time, of such circumstances.
So Worst case is Not reporting - regulators and courts would take a dim view of a deliberate decision to break the law
Edited by user 24 August 2018 09:38:44(UTC)
| Reason: Didn't answer the orig question!
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Rank: Forum user
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For one reason or another I have reported RIDDOR's late before. I have never had any comeback from it, in all honesty I would say it's better to report late than not at all.
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Rank: Forum user
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Thanks guys. That's pretty much what I thought but pretty much playing the devils advocate. It's a question that was discussed in the team so thought it better to ask here. Really appreciate you guys responding.
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