(1) The requirements of regulation 3 relating to the death or injury of a person as a result of an accident shall not apply to an accident causing death or injury to a person arising out of the conduct of any operation on, or any examination or other medical treatment of, that person which is administered by, or conducted under the supervision of, a registered medical practitioner or a registered dentist (and for the purposes of this paragraph a registered dentist has the meaning assigned to it by section 53(1) of the Dentists Act 1984).
(2) The requirements of regulations 3 and 4 relating to the death or injury of Guidance
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a person as a result of an accident, shall apply to an accident arising out of or in connection with the movement of a vehicle on a road only if that person –
(a) was killed or suffered an injury as a result of exposure to a substance being conveyed by the vehicle; or
(b) was either himself engaged in, or was killed or suffered an injury as a result of the activities of another person who was at the time of the accident engaged in, work connected with the loading or unloading of any article or substance onto or off the vehicle; or
(c) was either himself engaged in, or was killed or suffered an injury as a result of the activities of another person who was at the time of the accident engaged in, work on or alongside a road, being work concerned with the construction, demolition, alteration, repair or maintenance of –
(i) the road or the markings or equipment thereon;
(ii) the verges, fences, hedges or other boundaries of the road;
(iii) pipes or cables on, under, over or adjacent to the road; or (iv) buildings or structures adjacent to or over the road; or
(d) was killed or suffered an injury as a result of an accident involving a train.
(3) The requirements of regulations 3, 4 and 5 relating to any death, injury or case of disease shall not apply to a member of the armed forces of the Crown or of a visiting force who was on duty at the relevant time (and for the purposes of this paragraph a visiting force has the meaning assigned to it by section 12(1) of the Visiting Forces Act 1952).
(4) Regulations 3, 4 and 5 shall not apply otherwise than in respect of offshore workplaces to anything which is required to be notified under any of the enactments or instruments specified in Schedule 7.
(5) Regulation 3(1)(i) shall not apply to a self-employed person who is injured at premises of which he is the owner or occupier, but regulation 3(1)(ii) shall apply to such a self-employed person (other than in the case of death) and it shall be sufficient compliance with that sub-paragraph if that self-employed person makes arrangements for the report to be sent to the relevant enforcing authority by some other person.
Injury under medical supervision
94 If a person is injured as a result of an accident arising directly from the conduct of the specified medical procedures being carried out by or under the supervision of a registered medical practitioner or dentist, the injury does not need to be reported. The exclusion does not extend to injuries arising from accidents to patients occurring under any other circumstances. For example, if a patient died or suffered a major injury as a result of a power failure during an operation (and not caused by the conduct of the operation) the death or injury must be reported.
Accidents caused by moving vehicles on the road
95 Regulations 3 and 4 do not apply to accidents involving vehicles moving on public roads unless they involve or are connected with:
(a) exposure to any substance being conveyed by road;
(b) vehicle loading and unloading activities such as those performed by refuse collectors, brewery delivery workers, furniture removers etc;
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(c) the specified construction, demolition, alteration, repair or maintenance activities on or alongside public roads; or
(d) an accident involving a train where a person is killed or injured.
96 In the case of (a) to (c) in paragraph 95 regulations 3 and 4 apply whether the injured person is engaged in one of the listed activities or whether they are injured as a result of the work of someone else who is engaged in such activities. For example, the following would be reportable under regulation 3:
(a) an employee of a building materials supplier dies as a result of being struck by a passing car while unloading bricks from a lorry;
(b) a motorist driving past a building site alongside the road is injured by falling scaffolding from the site. This would also apply if the motorist was an employee and suffered a ‘major’ injury;
(c) the driver of a road tanker suffers gassing and acute illness as a result of exposure to a toxic substance spilled from the tanker or, as a result of the same spillage, a member of the public is taken to hospital for treatment as a result of exposure to the substance;
(d) an employee painting road markings is hit by a car and does not suffer a major injury as a result, but is unable to do the full range of their normal duties for four days.
97 Dangerous occurrences on public highways are covered by the Regulations, and so are accidents and dangerous occurrences on private roads (ie those not covered by the Road Traffic Act 1988).
Avoiding dual reporting
98 Except in the case of offshore workplaces (where HSE needs immediate information about incidents involving offshore installations or pipelines and shipping or aircraft) regulations 3, 4 and 5 do not apply to any of the events reportable under the Acts and Statutory Instruments listed in Schedule 7. This means that RIDDOR does not apply to:
(a) a death or injury associated with the operation of a civil aircraft between the time anyone boards it intending to fly and the time everyone gets off;
(b) the death or injury of anyone employed on, or carried in, a merchant ship (unless that person is a shore-based worker involved in loading, unloading, repair work etc);
(c) any incident involving the escape from control of a radioactive substance; and (d) any dangerous occurrence on board a merchant ship.
Self-employed people
99 If a self-employed person suffers a ‘major injury’ while working in their own premises they do not have to notify the enforcing authority immediately, as normally required by regulation 3(1)(e)(i). The requirement at regulation 3(1)(e)(ii) to report within ten days still applies, but self-employed people are allowed to make arrangements for someone else to report such injuries on their behalf. There is no requirement on anyone to report the death of a self-employed person which occurs in premises where they are the owner or occupier.
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