HSE Updates RIDDOR Guidance: A Renewed Focus on Work-Related Stress

The Health and Safety Executive (HSE) has recently issued updated guidance concerning the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), with a particular emphasis on the reporting of occupational ill-health, specifically work-related stress, depression, and anxiety. This revision underscores the growing recognition of mental health as a critical aspect of workplace safety and health in the UK.

While the core RIDDOR regulations themselves have not undergone a legislative overhaul, the updated guidance clarifies and reinforces existing requirements, aiming to improve the consistency and accuracy of reporting these often-overlooked conditions. Employers are now expected to pay closer attention to the circumstances that lead to such conditions and ensure proper reporting where criteria are met.

Understanding the Updated Guidance for Mental Ill-Health

The HSE's refreshed guidance reiterates that certain cases of occupational disease, including work-related stress, depression, and anxiety, are reportable under RIDDOR when they meet specific criteria. Crucially, these conditions are reportable when:

  • They arise from exposure to a hazard at work (e.g., excessive workload, bullying, organisational change).
  • They have been formally diagnosed by a doctor.
  • The worker has been absent from work for more than seven consecutive days (excluding the day of the incident) due to this condition.

The updated guidance provides more detailed examples and scenarios to help employers determine reportability. It clarifies that a diagnosis of a mental health condition alone is not sufficient; there must be a clear link between the work environment and the development of the condition. For instance, a diagnosis of anxiety following a prolonged period of intense workplace pressure, confirmed by a medical professional and leading to significant absence, would likely fall under reportable conditions.

This move aligns with the HSE's broader strategy to tackle work-related stress, which remains a significant concern. According to HSE statistics for 2022/23, an estimated 1.8 million workers were suffering from work-related ill health, with 900,000 cases of work-related stress, depression or anxiety. This accounts for 49% of all work-related ill health and 17.1 million working days lost. The financial burden is also substantial, with the estimated cost of new cases of work-related ill health (excluding latent long-term conditions) being £13.1 billion in 2021/22.

Implications for Employers and Duty Holders

The updated RIDDOR guidance serves as a critical reminder for employers of their duties under the Health and Safety at Work etc. Act 1974 to protect the health, safety, and welfare of their employees. Employers must:

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  1. Review and Update Risk Assessments: Ensure that risk assessments explicitly consider psychosocial hazards that can lead to stress, depression, and anxiety. This includes factors such as workload, control, support, relationships, role, and change management.
  2. Enhance Reporting Procedures: Train managers and HR personnel on the updated RIDDOR requirements for mental health conditions to ensure accurate and timely reporting. Establish clear internal procedures for identifying and reporting potential cases.
  3. Promote Open Communication: Foster a workplace culture where employees feel comfortable reporting concerns about their mental health without fear of stigma or reprisal.
  4. Provide Support Mechanisms: Implement and clearly communicate access to support systems, such as Employee Assistance Programmes (EAPs), counselling services, or mental health first aiders.
  5. Investigate Incidents Thoroughly: When a reportable mental ill-health condition occurs, conduct a thorough investigation to identify root causes and implement corrective actions to prevent recurrence.

Failure to report a reportable incident under RIDDOR can lead to enforcement action by the HSE, including prosecution and significant fines. The updated guidance reinforces the HSE's commitment to ensuring that mental health is given the same priority as physical health in the workplace.

The Broader Context of Workplace Mental Health

This renewed focus on RIDDOR reporting for mental ill-health is part of a broader trend towards greater accountability for psychological safety in the workplace. Organisations are increasingly recognising that a healthy work environment extends beyond physical safety to encompass the mental well-being of their workforce. The COVID-19 pandemic further highlighted the fragility of mental health and the significant impact work can have on it.

The HSE continues to provide extensive resources and campaigns, such as its 'Working Minds' campaign, aimed at helping businesses prevent work-related stress and promote good mental health. These initiatives encourage employers to 'Act, Talk, Train' – taking action to identify and manage risks, talking openly about mental health, and providing appropriate training to support employees.

By clarifying the reporting requirements, the HSE aims to gather more accurate data on the prevalence and causes of work-related mental ill-health. This data is vital for understanding trends, targeting interventions, and developing more effective regulatory strategies to protect workers' mental well-being across the UK.

For organisations seeking to ensure compliance with the latest health and safety legislation and guidance, including comprehensive training on RIDDOR and managing work-related stress, Abertay Training offers expert-led courses and resources. Visit https://www.abertaytraining.co.uk for more information on their services.