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Woolhouse-Smith29124  
#1 Posted : 13 August 2025 10:21:54(UTC)
Rank: Forum user
Woolhouse-Smith29124

What to do when you do not think an accident is a RIDDOR but it is over 7 days

peter gotch  
#2 Posted : 13 August 2025 11:04:27(UTC)
Rank: Super forum user
peter gotch

Hi Woolhouse=Smith, I think you could help us a bit here!

So, as example why do you not think it is NOT a RIDDOR and how are you counting the days?

My standard advice on these Forums (as anywhere else) is never to take much notice of the guidance that HSE produces on RIDDOR but to look at the detail of the Regulations including what is NOT in scope.

For many years I have thought that the HSE guidance on RIDDOR has been desiened (whether or not deliberately) to encourage duty holders to find excuses NOT to report/record incidents that on the basis of the Regulations SHOULD be reported and/or recorded.

Possible reasons why HSE might do this?

1. Pressure from successive Governments not to burden business with "red tape". Ironically the changes made in 2013 probably INCREASED red tape for those organisations who try to play by the rules!

2. HSE uses RIDDOR reports for two main purposes - A [the primary purpose] to help with collation of statistics and B to a lesser extent to inform regulatory activity though in practice HSE and other enforcing authorities only make a visit to a tiny fraction of organisations that have reported something under RIDDOR. If we look at A, it might suit the HSE to receive less RIDDOR reports as it might help HSE portray the UK as being safer, particularly when it comes to benchmarking against other nations. Evidenced by its repaated refual to extend the scope of RIDDOR to include the most road traffic work-related accidents that are currently excluded from scope even when otherwise the injuries would meet the RIDDOR (and Eurostat) threaholds. 

3. Someone at HSE has to spend time processing every RIDDOR. Less reports means less HSE resources spend on data input. Good news in a Department that has been subject to continued year on year funding for well over a decade.

Woolhouse-Smith29124  
#3 Posted : 13 August 2025 12:45:10(UTC)
Rank: Forum user
Woolhouse-Smith29124

Hi Peter,

The person has in the past taken time off for minor injuries, which we do not believe is genuine.  This time he was on the last day of plant training he was operating the equipment and had to clear up the mess he created during this operation with a BobCat (Skidsteer) which he had a licence for and "allegedly" jolted the BobCat and hurt his back.  He asked the Trainer if he could do the exam in the morning instead of the end of the course as he was going to call 111 to see if he needed to attend A&E.  This was on a Friday, 1st Aug and most of us knew he would be off on the following Monday, 4th Aug, which he was but now he is stating he has whiplash from the incident.  We are counting the Saturday, 2nd August as Day 1, he is still off and this is now 12 days off work but with the 15 days to report it we are close to the line for reporting a RIDDOR.  We are having him in on Friday (14th day) for a welfare check but not sure what to do, We need advice urgently

Kate  
#4 Posted : 13 August 2025 13:17:04(UTC)
Rank: Super forum user
Kate

But why do you think it is not a RIDDOR?

Woolhouse-Smith29124  
#5 Posted : 13 August 2025 13:27:22(UTC)
Rank: Forum user
Woolhouse-Smith29124

Because we think it is not a real injury he just wants time off and has form from before

Roundtuit  
#6 Posted : 13 August 2025 13:33:07(UTC)
Rank: Super forum user
Roundtuit

Unfortunately you are confusing potential lead swinging with regulatory duty.

The golden rule is report everything that way you won't be found wanting.

It's over seven days so fits one criteria and is not an admission of blame.

If there are sickness related attendance issues that is a separate matter for line management and HR.

Meanwhile when that ambulance chaser claim arrives for personal injury the insurers are going to want to see a copy of the relevant reports.

Roundtuit  
#7 Posted : 13 August 2025 13:33:07(UTC)
Rank: Super forum user
Roundtuit

Unfortunately you are confusing potential lead swinging with regulatory duty.

The golden rule is report everything that way you won't be found wanting.

It's over seven days so fits one criteria and is not an admission of blame.

If there are sickness related attendance issues that is a separate matter for line management and HR.

Meanwhile when that ambulance chaser claim arrives for personal injury the insurers are going to want to see a copy of the relevant reports.

Kate  
#8 Posted : 13 August 2025 14:14:23(UTC)
Rank: Super forum user
Kate

Your reason for thinking it's not a real injury is just speculative and not based on evidence.  Even someone who has pretended to be sick in the past can still become genuinely injured.

So you will need to report it as a RIDDOR, even though you don't really believe it.  You are able to mention your suspicions in the online form if you wish.

That of course doesn't stop a disciplinary investigation being initiated if you think lies may have been told.

Woolhouse-Smith29124  
#9 Posted : 13 August 2025 15:00:41(UTC)
Rank: Forum user
Woolhouse-Smith29124

By reporting a RIDDOR that is later found out not to be a RIDDOR is still a RIDDOR on the system even though we have added that it was not a RIDDOR

Roundtuit  
#10 Posted : 13 August 2025 15:46:50(UTC)
Rank: Super forum user
Roundtuit

Not RIDDOR is your personal opinion.

Personally I would rather explain a number rather than defend a prosecution.

Reporting is NOT an admission of guilt.

Those lost days are in the company statistics anyway.

thanks 2 users thanked Roundtuit for this useful post.
Kate on 13/08/2025(UTC), Kate on 13/08/2025(UTC)
Roundtuit  
#11 Posted : 13 August 2025 15:46:50(UTC)
Rank: Super forum user
Roundtuit

Not RIDDOR is your personal opinion.

Personally I would rather explain a number rather than defend a prosecution.

Reporting is NOT an admission of guilt.

Those lost days are in the company statistics anyway.

thanks 2 users thanked Roundtuit for this useful post.
Kate on 13/08/2025(UTC), Kate on 13/08/2025(UTC)
peter gotch  
#12 Posted : 13 August 2025 16:12:28(UTC)
Rank: Super forum user
peter gotch

Hi Woolhouse-Smith

To paraphrase Roundtuit's "Golden Rule" when I worked for HSE our advice was always "If in doubt, report." Pre RIDDOR but similar legislation in place.

The rationale was largely that something that HAD been reported but turned out NOT to actually be reportable could not be subject of criticism from the regulator.

Conversely if the incident was NOT reported but turned out to have been reportable the potential was for enforcement action, most likely via prosecution. [OK we didn't go down that route very often].

One problem is that in recent decades people have got hung up on three issues:

1. The myth that putting in a report is an admission by the duty holder that they have done something wrong. Not true. RIDDOR iis mostly a means of enabling the statisticians to get an idea of how many incidents (meeeting certain criteria) occur. When the UK was in the EU it had to provide annual information to Eurostat and had to make up some of the data to be provided as e.g. it didn't have much of a clue as to how many work-related accidents were happening on the roads.

2. Playing numbers games, sometimes to try and keep the numbers down for the likes of answers to questions asked by customers in e.g. prequalification. I do understand why some feel the need to massage the numbers as some of those reviewing such information as very poor at interpreting the information they are given. 

However anyone half competent in making the assessments should be much more interested in a potential supplier's processes for investigating incidents and learning, where appropriate, so that future incidents with common causes (more particularly the underlying or "root" causes) can be avoided and not reading too much into the raw data.

There are so many variables to consider that it is usually impossible to compare potential Supplier A and potential Supplier B on the basis of how many incidents they have whether as number or rates.

3. Any culture of "Zero Harm", "All accidents are preventable" or similar mantras. Yes if a business locks its doors then it shouldn't have any incidents going forward, but that probably means that theiir current workforce are MORE likely to be harmed away from work. Plenty of statistical evidence to show that going to work is, on average, good for people's Health and Safety.

Problem is that these mantras are usually stated in absolute terminology with no consideration of what migth be pragmatic and meet whatever the legal test might be e.g. that of doing what is "reasonably practicable".

SOME accidents (and other harmful outcomes) can and will always happen even when all relevant criminal and civil legal duties being fulfilled.

The floor might be in immaculate condition. Someone will still fall during work.

As Kate indicates it's VERY unlikely that you are going to be able to prove to whatever legal standard that this individual did NOT have an accident "at work" (WHATEVER your suspicions), so the best thing to do (IMO) is to report the incident and accept that your RIDDOR count has just gone up by ONE.

NO. HSE are not going to De-RIDDOR something that HAS been reported and proves to have been NOT reportable. 

YES, if you can actually demonstrate that this person has been "at it", then by all means take it off YOUR own stats. However it will take a lot of effort to prove this to a satisfactory standard and most people are busy and probably have more constructive things to do.

Edited by user 13 August 2025 16:13:29(UTC)  | Reason: Typo

paul reynolds  
#13 Posted : 13 August 2025 16:26:18(UTC)
Rank: Forum user
paul reynolds

Report the incident, record details and lost time, keep any relevant information and then move on.

If the incident is false then no issue, if it turns out to be true you can defend your postion whilst meeting the requirements of RIDDOR

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