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riddor: dispelling the myths

2. If someone modifies an appliance and HSE doesn’t have statistics to support
causes it to become unsafe – then it that, they cannot make improvements.
must be reported under RIDDOR 11(2). If a particular engineer or a particular
fitting keep appearing on RIDDOR, they
MYTH BUSTING may become a priority for investigation
The gas industry is rife with opinion, where they otherwise were not.
conjecture and myth – none more so It may be the case that those reviewing
than around the Gas Industry Unsafe your report decide there’s no realistic
Situations Procedure and RIDDOR. Let’s chance of prosecution. This does
look at a few: happen sometimes, especially where
the number of witnesses is limited or
“But I heard someone had to go to because the person who has completed
hospital in an ambulance before it’s the RIDDOR has not provided enough
RIDDOR-reportable.” information for the person reviewing
No, this a common myth. Read the If you are unsure whether it to understand what has happened
law as above. An ambulance is not – there have been reports submitted
mentioned. something meets the RIDDOR which simply state “gas leak”.
criteria, or whether to report Even though you may believe the
“Are ‘At Risk’ defects reportable?” elsewhere, please remember “facts”, the investigator needs to be
No, because, by definition, they are that you will not be criticised able to prove something definitely
currently not “likely to cause death, resulted from the accused person’s
loss of consciousness or a person being for submitting a RIDDOR that actions. Remember: this is evidence
taken to hospital” – which is what the doesn’t meet the criteria that could be used in a court. In this
law states, remember. respect, the quality of your report and
you can so they can make an informed evidence is vital.
“Is illegal gas work reportable?” decision on risk and the possibility of Also, once any formal legal
Not under RIDDOR itself, but if that action being taken. It’s really helpful if investigation has commenced, it is a
illegal work results in an ‘Immediately you can take and retain measurements confidential process, and you have no
Dangerous’ gas fitting, then, yes, it is. and good quality photographs to help right to be kept informed. Therefore, it
the investigation at a later stage. may be right and proper that you hear
“Oh right, so aren’t the powers that be With 11(2) situations, it’s fine for no more other than being contacted for
interested in illegal gas work or ‘At Risk’ you to make safe and/or proceed to further evidence or clarification. It is
defects, then?” make a repair. This, again, is different human nature to assume nothing has
Yes, of course they are, and it’s very to 11(1) incidents, where you must not happened, but the accused has a right
important that they find out about alter a scene until permission has been to confidentially, too, of course.
these things so improvements in safety given by HSE. Unfortunately, it is the case that
can be made. However, the wording of You will notice that so far there has limited resourcing means not every
RIDDOR 11(2), as quoted above, means been lots of mention of HSE and none RIDDOR infraction that is reported
such things aren’t reportable using of Gas Safe Register. That’s because can result in an investigation. This
RIDDOR. In these situations, you can HSE is the regulator of the industry does not affect the legal duty on you to
report such things straight to HSE as a and they write the law and make report, and it does not mean the report
concern or to Gas Safe Register. prosecutions. Gas Safe runs the register wasn’t important.
on behalf of HSE and that is all. They So, what about those other important
So, how does this apply to you? Let’s do not write legislation, standards or reports which don’t meet the RIDDOR
again go back to the wording of the prosecute anyone. But, if the RIDDOR criteria? You can report to HSE
regulation: report involves poor workmanship via https://www.hse.gov.uk/contact/
“The approved person must send a by a registered business, HSE may concerns.htm or go directly to Gas Safe
report of that information to the Executive ask Gas Safe to perform some sort of Register via www.gassaferegister.co.uk/
in an approved manner within 14 days of investigation work on its behalf. engineer/resource-hub/gas-industry-
acquiring that information”. unsafe-sits.
Note: it says “must”, not shall or “My mate put in a RIDDOR and nothing A poorly maintained appliance in a
should. The law says that you as a happened. It was a waste of time”. landlord’s property, for example, should
Registered Gas Engineer must report Ok, so let’s talk about this. It does get be reported as a concern to HSE. Poor
the situation to HSE within 14 days. said a lot, but it does not have any workmanship from a Registered Gas
Reporting is done online, direct to HSE, effect on the legal duties placed upon Engineer should be reported to Gas Safe.
using an easy and quick form found at: you. Remember: it’s a law, so you must Lastly, if you are unsure whether
https://www.hse.gov.uk/riddor/report. comply with it. something meets the RIDDOR criteria,
Please note you are reporting a There are many reasons why you or whether to report elsewhere,
dangerous gas fitting, not a flammable might not see progress following your please remember that you will not be
gas incident – that’s a RIDDOR 11 (1) RIDDOR submission, but you should criticised for submitting a RIDDOR
report, which is for upstream engineers. know that each and every RIDDOR that doesn’t meet the criteria. There’s
When making your report, you report is read and recorded at HSE. This a legal duty to report, so you may be
should try to look at the situation is very important. It allows HSE to build criticised if you don’t!
through the eyes of the person a picture of how safe gas work is.
receiving the report. Use clear For example, you may think gas Read the full HSE regulations at
language, give as much evidence as work standards are dropping, but if www.hse.gov.uk/riddor

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