Element element element element element nebosh hse introduction to Incident Investigation 8

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ELEMENT 1.1
ELEMENT 1.3
ELEMENT 1.4
ELEMENT 1.2
ELEMENT 1.5
NEBOSH HSE Introduction to Incident Investigation
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1.1
It is important for organisations to co-operate fully with external regulators/enforcement agencies when incidents are being 
investigated. Co-operation may be seen as a mitigating factor by judges when sentencing; this could lead to a lower level 
of fine/penalty if the organisation is found guilty of an offence. If the regulator intends to prosecute, they will inform the 
dutyholder as soon as there is enough evidence to support a prosecution.
FURTHER INFORMATION
The Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 2013
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cover England, Scotland 
and Wales. Northern Ireland has its own set of regulations, the Reporting of Injuries, Diseases and Dangerous 
Occurrence Regulations (Northern Ireland) 1997.
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The regulations put duties on employers, including self-employed 
people or the responsible person for a work premises, to report certain serious incidents, occupational diseases and 
dangerous occurrences. Each of these categories is discussed later in this book. 
In England, Scotland and Wales, these incidents are reported to the British Health and Safety Executive (HSE). Incidents 
in Northern Ireland are reportable to the HSENI. Other parts of the world may have similar regulations. As a best practice 
guidance, the International Labour Organization has produced a ‘best practice’ Code of Practice, ‘Recording and 
notification of occupational accident and diseases',
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which provides guidance and information to those people who may 
be engaged in setting up systems, procedures and arrangements.
Students who are located outside of the UK are advised to make themselves familiar with any local legislation which is 
relevant to their place of work.
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CASE STUDY
As stated earlier in this book, organisations located in the UK are subject to RIDDOR legislation. Failure to 
report an incident can result in prosecution. For example, in 2015 a contractor was digging out a basement of 
a house. Cracks appeared in the structure so the contractor contacted a structural engineer for advice; advice which he 
subsequently ignored. This resulted in the ground floor of the house collapsing into the basement. The contractor failed 
to report this as a dangerous occurrence. 
The HSE subsequently prosecuted the contractor under RIDDOR and other health and safety legislation. The contractor 
was found guilty and received a prison sentence of two months, which ran concurrently with a sentence of five months 
that he received for another health and safety offence. The contractor was also ordered to pay costs of £7000.
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