Chief Coroner’s guidance on COVID-19 deaths and possible exposure in the workplace

3 May 2020

This document provides guidance for all coroners from the Chief Coroner on COVID-19 deaths and possible exposure in the workplace.

Of particular note are paragraphs 5, 6 & 7 in relation to some deaths being notifiable to the Health and Safety Executive (HSE) under the Reporting of Injuries. Diseases & Dangerous Occurrences Regulations 2013 (RIDDOR).  Regulation 6(2) of RIDDOR requires a report to be made where “any person dies as a result of occupational exposure to a biological agent”. The expression “biological agent” includes the virus which causes the COVID-19 disease.  Consistent with the requirements of RIDDOR, the HSE has published guidance that death as a result of work-related exposure to the virus must be subject to the reporting procedure.

Regulation 3(1)(a) of the Notification of Deaths Regulations 2019 provides that there must be a report to the coroner if the medical practitioner completing the Medical Certificate of Cause of Death “suspects that the person’s death was due to… (ix) an injury or disease attributable to any employment held during the person’s lifetime.”

There are therefore some instances in which a COVID-19 death may be reported to the coroner, such as where the virus may have been contracted in the workplace setting. This may include frontline NHS staff as well as others (e.g. public transport employees, care home workers, emergency services personnel).

ENDS