Covid-19 and Health at Work: The Coronial System and RIDDOR

Deaths and disease from Covid-19 suspected to have arisen from work are subject to legal obligations for reporting with a view to investigation. In England and Wales, doctors attending the deceased and having such a suspicion are obliged to notify the coroner who may proceed to inquest. Coroners’ inquests are transparent and impartial, and can lead to reports to prevent future deaths (“PFDs”). However, coroners have limited resources or experience directly relevant to occupational Covid-19. PFDs can only direct that a policy be reviewed and cannot make specific recommendations for improvement. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (“RIDDOR”) oblige employers to report, usually to the Health and Safety Executive (“HSE”), if a reasonable judgement can be made that Covid-19 in a worker resulted from exposure at work. According to their published guidance, the HSE has a higher threshold for notification than coroners. In contrast, the HSE has greater relevant technical expertise for their investigations such as in the means of control of exposure by using personal protective equipment (“PPE”). However, the HSE reporting guidance tends to make prior assumptions, for example discouraging reporting other than from exposure to patients, or assuming that current official PPE guidance is adequate in spite of dissenting scientific opinion. These and other limitations raise concerns that the statutory mechanisms for reporting and hence investigation of death and disease from Covid-19 contracted at work might be insufficient. The HSE guidance needs revision, and more resources are essential both for HSE and for the coronial system if they are to fulfil their statutory roles satisfactorily in relation to the huge challenges of the Covid-19 pandemic. In any case, a Public Inquiry is warranted to address issues which go above and beyond the collective of individual cases.