The current specific regulatory provisions on the reporting of occupational accidents and specified non-injury dangerous occurrences to the Health and Safety Authority are set out in the Safety, Health and Welfare at Work (General Application) Regulations 1993, SI 44 of 1993. Under those provisions, an accident is reportable where it results in a fatality or where the injured employee is unable to work for more than three consecutive days, with weekends and other normal days off for the employee included when calculating the period of absence.
There was no specific definition of "accident" or "injury" in the legislation when the general application regulations of 1993 were made. However, in the Safety, Health and Welfare at Work Act 2005, which came into operation on 1 September 2005, I introduced definitions of "accident", "dangerous occurrence" and "personal injury". The definition of "dangerous occurrence" includes the uncontrolled or accidental release or the escape or ignition of any substance, which would include noxious substances.
The Safety, Health and Welfare at Work (General Application) Regulations 1993 are under review by the Health and Safety Authority. Proposals for new general application regulations, including revised provisions relating to the reporting of occupational accidents and diseases, were issued for public consultation by the authority in 2005, in accordance with section 57 of the 2005 Act. I expect that the authority's proposals for the regulations will include revised statutory requirements for notification which will be in line with the revised definitions in the 2005 Act.