Skip to main content
IOSH Magazine: Safety, Health and Wellbeing in the world of work - return to the homepage IOSH Magaazine logo
  • Visit IOSH Magazine on Facebook
  • Visit @ioshmagazine on Twitter
  • Visit IOSH Magazine on LinkedIn
Gender equality
Practice meets perfect
May/June 2023 issue

Main navigation

  • Home
    • Browse previous issues
    • Member accolades
    • Member tributes
  • Health
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Management
    • Human factors
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Sickness absence
      • Young workers
    • Leadership and management
      • Employee involvement
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Rehabilitation
      • Personal injury
      • Return to work
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Skills
    • Communication
    • Personal performance
      • Achieving Fellowship
      • Career development
      • Competencies
      • Personal development
      • Professional skills
      • Qualifications
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Jobs
  • Covid-19
  • Knowledge Bank
    • Back to basics
    • Book club
    • Infographics
    • Podcast
    • Reports
    • Webinars
    • Videos
  • Products & Services
  • Management
    • Human factors
      • Sickness absence
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Young workers
    • Leadership and management
      • Employee involvement
      • Leadership
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Health
    • COVID-19
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Qualifications
      • Professional skills
      • Achieving Fellowship
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Transport and logistics
  • Third sector
  • Retail
  • Mining and quarrying
  • Rail
  • Rehabilitation
    • Personal injury
    • Return to work
  • Utilities
  • Manufacturing and engineering
  • Construction
  • Sector: IOSH Branch
    • Sector: Northern Ireland
    • Sector: Midland
    • Sector: Merseyside
    • Sector: Manchester and North West Districts
    • Sector: Ireland East
    • Sector: Ireland
    • Sector: Edinburgh
    • Sector: Desmond-South Munster
    • Sector: Qatar
    • Sector: Oman
    • Singapore
    • Sector: South Coast
    • Sector: South Wales
    • Sector: Thames Valley
    • Sector: Tyne and Wear
    • Sector: UAE
    • Sector: West of Scotland
    • Sector: Yorkshire
  • Healthcare
  • Sector: Fire
  • Sector: Financial/general services
  • Sector: Energy
  • Education
  • Sector: Communications and media
  • Chemicals
  • Sector: Central government
  • Catering and leisure
  • Agriculture and forestry
  • Sector: Local government
  • Sector: IOSH Group
    • Sector: Financial Services
    • Sector: Sports Grounds and Events
    • Rural industries
    • Sector: railway
    • Public Services
    • Sector: Offshore
    • Sector: Hazardous Industries
    • Sector: Food and Drink
    • Sector: Fire Risk Management
    • Education
    • Construction
    • Sector: Aviation and Aerospace
Quick links:
  • Home
  • Categories
  • News
Reporting
COVID-19

HSE issues new guidance on reporting incidents of coronavirus

Open-access content Kellie Mundell — Monday 6th April 2020
From the archive:  Just so you know, this article is more than 3 years old.
HSE updates coronavirus guidance

iStock

The Health and Safety Executive (HSE) has set out new guidance where incidents of coronavirus may be reportable.

They are:

  • an unintended incident at work has led to someone’s possible or actual exposure to coronavirus. This must be reported as a dangerous occurrence; or
  • a worker has been diagnosed as having COVID-19 and there is reasonable evidence that it was caused by exposure at work. This must be reported as a case of disease.

'As prevalence of coronavirus increases in the general population, it will be very difficult for employers to establish whether or not any infection in an individual was contracted as a result of their work,' the HSE said in a statement. 'Therefore, diagnosed cases of COVID-19 are not reportable under RIDDOR unless there is reasonable evidence suggesting that a work- related exposure was the likely cause of the disease and this is supported by a registered medical practitioner’s diagnosis.'

Following the announcement, leading OSH lawyer Rhian Greaves, a partner at Pannone Corporate, said the new guidance poses more questions than it answers, particularly for those businesses with open workplaces that are operating away from the frontline NHS response. 

Speaking to IOSH magazine, she said: 'In the absence of routine testing, what constitutes a diagnosis? What amounts to reasonable evidence? What level of investigation into each case is required? Given the ease of transmission, how can the employer (or indeed the employee) know exactly where and how the virus was contracted?

'The HSE is not to be criticised. Like all government agencies, it is racing to keep pace with this frightening pandemic. However, it is hoped that further guidance will be forthcoming soon to help employers navigate the rigours of RIDDOR reporting (with all the potentially diversionary investigation that entails) at this difficult time.'

In response, the regulator said: 'In these extraordinary times, the HSE is constantly reviewing the fast-moving situation with our partners across government to support the national effort to tackle Covid-19.'

It added that in some limited circumstances, where an individual has either been exposed to or contracted Covid-19 as a direct result of their work, those instances could be reportable under RIDDOR either as a Dangerous Occurrence (under Regulation 7 and Schedule 2, paragraph 10) or as a disease attributed to an occupational exposure to a biological agent (under Regulation 9 (b)) or as a death as a result of occupational exposure to a biological agent under Regulation 6 (2).

For an incident to be reportable as a dangerous occurrence, the incident must result (or could have resulted) in the release or escape of the coronavirus.  An example could include a vial known to contain the coronavirus being smashed in a laboratory, leading to people being exposed.

there is still room for interpretation over what amounts to 'reasonable evidence' that the virus was contracted at work, with huge reliance being placed on any commentary from the diagnosing doctor

For an incident to be reportable as a disease due to occupational exposure to a biological agent, there must be reasonable evidence suggesting that a work related exposure was the likely cause of Covid-19.  

Such instances could include, for example, frontline health and social care workers (for example ambulance personnel, GPs, social care providers, hospital staff, etc) who have been involved in providing care/ treatment to known cases of Covid-19, who subsequently develop the disease and there is reasonable evidence suggesting that a work- related exposure was the likely cause of the disease.  

A doctor may indicate the significance of any work-related factors when communicating their diagnosis. For an incident to be reportable as a death due to occupational exposure to a biological agent, there must be reasonable evidence suggesting that a work-related exposure to coronavirus was the likely cause of death. A doctor may indicate the significance of any work-related factors when communicating the cause of death.

Rhian described the HSE's clarification as extremely helpful in confirming that an actual diagnosis by a medical practitioner is required before a case can be considered as potentially reportable. 'However, there is still room for interpretation over what amounts to 'reasonable evidence' that the virus was contracted at work, with huge reliance being placed on any commentary from the diagnosing doctor as to the circumstances of transmission (which may or may not be forthcoming),' she added. 

'The HSE has repeated its focus on healthcare settings in its illustrative example, suggesting those workplaces are the target of this new guidance but in the absence of any specific confirmation of this all employers with open workplaces need to remain updated and alive to the potential need to report in diagnosed cases.'

Coronavirus has been listed as a notifiable disease under the Health Protection (Notification) Regulations 2010. This change in law requires GPs to report all cases of Covid-19 to Public Health England.

Under the Health and Safety at Work Act, employers have a general duty to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. HSE considers that if an employer is following the relevant PHE guidance for their sector in terms of controlling the public health risks, they will be taking reasonably practicable precautions to control workplace risks. 

Read our coronavirus FAQs.

You may also be interested in...

Social distancing

 HSE issues social distancing warning to employers

Monday 20th April 2020
Regulator will hand out enforcement notices to those who do not comply with 2m rule.
Open-access content
International Workers’ Memorial Day

 #IWMD20 marked with a minute's silence

Tuesday 28th April 2020
In a year when it feels more important than ever, millions have commemorated those who have lost their lives at work, including the healthcare staff during the current crisis
Open-access content
Webinar

 Covid 19: webinar round-up

Wednesday 15th April 2020
IOSH Covid-19 webinars continue
Open-access content
Worker wellbeing during lockdown

 5 tips for supporting employee wellbeing during lockdown

Friday 17th April 2020
Mental Health First Aid England's director of people, Sarah McIntosh, offers advice on how to manage workers' mental health during the lockdown
Open-access content
Unsupervised trainee was on his second day in the job

 NZ worker crushed by six-tonne truck

Wednesday 25th March 2020
Unsupervised trainee was on his second day in the job
Open-access content
Poor work at height management lands £80,000 fine

 Poor management of roof work lands £80,000 fine

Wednesday 25th March 2020
HSE inspectors observed unsafe work at height
Open-access content
Topics
News
Reporting
COVID-19
Share
  • Twitter
  • Facebook
  • Linked in
  • Mail
  • Print

Latest Jobs

Health and Safety Improvement Manager

Leeds
£35000 - £50000 per annum
Reference
5452992

SHEQ Systems Advisor

Up to £40000.00 per annum + Car Allowance
Reference
5452988

Senior Health and Safety Manager

Reading
Up to £65000.00 per annum + Great Car Allowance & Benefits
Reference
5452983
See all jobs »

Sign up for regular e-alerts

Receive the latest news and features, free to your inbox

Sign up

Subscribe to IOSH magazine

Receive the print edition straight to your door

Subscribe
IOSH Covers
​
FOLLOW US
Twitter
LinkedIn
YouTube
CONTACT US
Contact us
Tel +44 (0)20 7880 6200
​

IOSH

About IOSH
Become a member
IOSH Events
MyIOSH

Information

Privacy Policy
Terms & Conditions
Cookie Policy

Get in touch

Contact us
Advertise with us
Subscribe to IOSH magazine
Write for IOSH magazine

IOSH Magazine

Health
Safety
Management
Skills
IOSH Jobs

© 2023 IOSH • IOSH is not responsible for the content of external sites

ioshmagazine.com and IOSH Magazine are published by Redactive Media Group. All rights reserved. Reproduction of any part is not allowed without written permission.

Redactive Media Group Ltd, 71-75 Shelton Street, London WC2H 9JQ