Steve
I think you are trying to read my last post completely out of the context of the thread which is about the sporting environment.
I quoted from the definitions in RIDDOR:
“accident” includes an act of non-consensual physical violence done to a person at work;
Of course, if somebody goes into a shop and thumps a retail worker and they sustain harm that meets one of the thresholds of RIDDOR, then that incident falls within scope. Ditto other scenarios that you have presented, but none of these are the sporting environment that this particular thread is about.
However, if we are to expand the context of the thread I am a little surprised that you have deferred to HSE guidance rather than interpreting what the law actually says.
Suppose a member of the public walks into a shop and screams blue murder at a retail worker who is as a result harmed and is off work with stress for "over 7 days" why would this NOT be reportable as the HSE guidance suggests that it isn't?
Again to quote from the law, not what HSE would like you to believe:
(2) Where any person at work is incapacitated for routine work for more than seven consecutive days (excluding the day of the accident) because of an injury resulting from an accident arising out of or in connection with that work, the responsible person must send a report to the relevant enforcing authority in an approved manner as soon as practicable and in any event within 15 days of the accident.
There is nothing in these words here that says that the person at work has to be incapacitated due to an "injury" that has physical manifestations.
The word "injury" is not defined in RIDDOR.
Standard rules of legal interpretation say that if a word is not defined in Regulations then your first default is to look at the parent legislation, in this case, HSWA, and if not there to however the word is defined in the Oxford English Dictionary.
HSWA doesn't have a definition for "injury" but instead has one for "personal injury"
" personal injury " includes any disease and any impairment of a person's physical or mental condition;
OK we might possibly think that because of the added word this is not good enough so then to OED, which uses various words to describe "injury" including "harm".
Now unless you are going to argue that this stress requiring time off from work is not "harm" then it seems that the HSE guidance is based on accidental or deliberate misrepresentation of the legal requirements.
Quite odd that HSE seems entirely comfortable with concluding that the scope of e.g. Section 2 of HSWA includes for protecting against harm to mental health - hence e.g. its Stress Management Standards (even if seems reluctant to use these to support enforcement - but chooses an opposite position in its RIDDOR guidance when it comes to e.g. verbal aggession against people at work.
You helpfully quoted the HSE guidance for me!
- The only exclusions relate to verbal abuse, threats without physical contact, or injuries sustained in incidents not arising out of or in connection with work.
So, in effect HSE has said that it does think that RIDDOR should cover the case of the nurse being thumped but not the case where someone only threatens to batter the nurse, even though they then suffer harm!!
If I had opened a bank account specifically to hold the £10 I was given for each time I have had to write on these Forums that one should always interpret RIDDOR by reading the Regulations and not via HSE's guidance that account would be looking rather healthy!
It appears to suit HSE to discourage taking a full interpretation of what RIDDOR says falls within scope. Reduces the total number of reportabe incidents, means that they don't get to hear about some incidents that they are not that interested in and saves time on data entry.
The first of these reasons is arguably the most serious as it is the one that is most likely to result in skewing of UK numbers in any international "benchmarking", so as to help make the UK look like a better performer than it may be.
IF HSE really believe that if someone suffers ill health (that meets a RIDDOR threshold) as a result of verbal aggression to a worker should not be covered by RIDDOR, then the answer is to make the case to the Minister to amend the Regulations, not to try and deter reporting/recording via guidance that has ZERO legal authority.
Edited by user 10 November 2025 11:49:30(UTC)
| Reason: Clarification