I'm after contcting my local HSE office for some advice with a RIDDOR report. We had a recent arson event at work, where lots of toxic fumes were given off from burning rubber and vehicle parts.

Whislt completeing the RIDDOR form online it ask for Dangerous Occurance. But the only option is for fire from electrical short circuit. WHich doesn't cover our issue.

Was hoping to call the HSE for some clarification.

Anyone have any ideas?

After lots of digging around and reading of documents I found this in the RIDDOR regs 2013

Explosion or fire

25.  Any unintentional explosion or fire in any plant or premises which results in the stoppage of that plant, or the suspension of normal work in those premises, for more than 24 hours.

As the arson was in our parking lot and not in the processing part of the complex , work didn't stop and hasn't hindered our work this week.

I'm content that the fire does not need reporting. But I'm still concerned about the wording

Any fire, explosion or implosion where there is a significant risk of death or injury to members of the public must be reported.

Surely a smoke plume visible from aprox 20 miles is significant and would need reporting? But there seems to be no means of doing so. I used the HSE website to ask a question, once submitted, you receive an automated message informing you that they have 30 days to respond, which is well past the reporting timeframe.

As you may have concluded by now, just because something is obviously a dangerous occurrence, doesn't mean that it is reportable as a dangerous occurrence!

It’s one of the more bizarre things about RIDDOR that near miss incidents which could quite easily lead to someone’s death are not “Dangerous Occurrences” but relatively trivial things are reportable. So when a piece of badly installed plastic pressure tubing failed it was classed as a Dangerous Occurrence despite the fact that nobody was in the vicinity and it is difficult to see how it could have caused any sort of injury. That same week a much more serious incident happened (can’t go into details here) which had the potential to kill someone was not regarded as RIDDOR reportable.

Just to close this off. The arson attack investigation is still ongoing and not much hope of a successful outcome now. So another unresolved crime on the books for the local Police.

But the important bit about this post. Here is the response I received from the HSE. Didn't take the 30 days but it is very wishy washy

Thank you for contacting the Health and Safety Executive (HSE) with your enquiry regarding RIDDOR 2013.  The information you require can be found on our website along with further comprehensive health and safety guidance and information. 

For the incident to be reportable it would need to meet the criteria set out in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 for a Dangerous Occurrence. 

From the information provided in your enquiry it would appear that this incident is not reportable.  However, ultimately the decision on whether to report in line with current RIDDOR 2013 requirements lies with the nominated responsible person within the organisation as they have all the pertinent facts; HSE is not in a position to make the decision for you.

HSE’s role requires us to ensure that duty holders comply with legislation, however we do not prescribe in detail how that is achieved.  Because every undertaking is unique and diverse the onus is on the duty holder to ensure that they comply with current legislation. 

HSE is only able to provide generic information on health and safety issues and cannot give specific advice on individual cases, as the circumstances of each individual situation will be different. Any views given by us on the interpretation of the Regulations represent our best judgement at the time, based on the information available. Ultimately, only the courts can give an authoritative interpretation of the law when considering the application of the Health & Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.  Accordingly we would always advise you to seek the views of your own professional advisors.

Please be aware that HSE is not permitted to offer a health and safety consultancy service.  If you feel you need to engage the services of a health and safety consultant you may wish to visit the Occupational Safety and Health Consultants Register (OSCHR), which provides information about qualified health and safety consultants.

Yours sincerely,

R Mbagwu | Advice Officer

Concerns and Advice Team | Operational Services Division

Health & Safety Executive | 1G Redgrave Court, Merton Road, Bootle, L20 7HS

Seems strange that the HSE write the rules and when they visit they hold you to the standard of their rules but then they say it's only a judge that can give a definitive answer and interpretation of their rules.

Very strange way to work