§ Mr. DoranTo ask the Secretary of State for Employment (1) what is the definition of serious injury used in the reporting of accidents in industries covered by the Health and Safety Executive's inspectorate;
(2) what changes in the definition of serious injury used in the reporting of accidents in industries covered by the Health and Safety Executive's inspectorate have been made in the last 10 years;
(3) what is the definition of serious injury used in reporting of accidents in the coalmining industry;
(4) what changes in the definition of serious injury used in reporting accidents in the coalmining industry have been made in the last 10 years.
§ Mr. NichollsThe Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 require the following injuries and conditions suffered by any person as a result of an accident arising out of or in connection with work to be notified forthwith to the enforcing authority and subsequently reported on an approved form:
- (a) fracture of the skull, spine or pelvis;
- (b) fracture of any bone:
- (i) in the arm or wrist, but not a bone in the hand; or
- (ii) in the leg or ankle, but not a bone in the foot;
- (c) amputation of:
- (i) a hand or foot; or
- (ii) a finger, thumb or toe, or any part thereof if the joint or bone is completly severed;
- (d) the loss of sight of an eye, a penetrating injury to an eye, or a chemical or hot metal burn to an eye;
- (e) either injury (including burns) requiring immediate medical treatment, or loss of consciousness, resulting in either case from an electric shock from any electrical circuit or equipment, whether or not due to direct contact;
- (f) loss of consciousness resulting from lack of oxygen;
- (g) decompression sickness (unless suffered during an operation to which the Diving Operations at Work Regulations 1981 apply) requiring immediate medical treatment;
- (h) either acute illness requiring medical treatment, or loss of consciousness, resulting in either case firom the absorption of any substance by inhalation, ingestion or through the skin;
- (i) acute illness requiring medical treatment where there is reason to believe that this resulted from exposure to a pathogen or infected material;
- (j) any other injury which results in the person injured being admitted immediately into hospital for more than 24 hours.
The regulations do not contain the terms "serious injury"; the Health and Safety Executive normally refers to "major injury" in this context.
The regulations came into force on 1 April 1986 and repealed the Notification of Accidents and Dangerous Occurrences Regulations 1980. The 1980 regulations defined "major injury" as:
- (a) fracture of the skull, spine or pelvis;
- (b) fracture of any bone:—
- (i) in the arm, other than a bone in the wrist or hand;
- (ii) in the leg, other than a bone in the ankle or foot;
- (c) amputation of a hand or foot;
- (d) the loss of sight of an eye; or
479 - (e) any other injury which results in the person injured being admitted into hospital as an in-patient for more than 24 hours, unless that person is detained only for observation.
Both sets of regulations apply to all work activities including coalmining.
The 1980 regulations repealed a number of provisions applying to different industries. Section 116 of the Mines and Quarries Act 1954 required notification of accidents causing "serious bodily injury" but the term was not defined. Otherwise, prior to 1 January 1981 when the 1980 regulations came into force, there was no separate requirement for notifying major injuries.