Posted By Gavin Barr
Under the Data Protection Act, all written information regarding an employee held by their employer must be available to the said employee at any time, for them to look at.

Posted By Sean Fraser
Greg,

This was raised previously although it was based around an employee - see:

http://www.iosh.co.uk/in...rum=1&thread=5907&page=1

I suppose there is no legal compulsion regarding the client - if they refuse then so be it. However, there is still a legal compulsion upon you, as the employer, to record all accidents and you should inform your client that this will take place, but will note in the records that they declined to provide any personal details. You will then have upheld your obligations and they will find it difficult to legally prevent you from doing so.

I am always curious as to why people don't want details of accidents to be recorded - what do they have to lose? You cannot be sued for carrying out your legal duty - reality suggests that they can't be sued for not doing so in this kind of situation either. Chasing a legal solution in this is pointless. So the argument has to be one of reasonable persuasion, not legal threat which they know for a fact will not be followed up. Your record accidents to provide information for an accurate picture of where, how and most improtantly why accidents happen, so limited resources can be effectively targetted to help prevent such accidents recurring in the future. If the client cannot understand the need for this, then that shouldn't stop you from taking the lead.

Best practice isn't always driven by the customer!

Posted By Jeff Manion
When we have attended an accident or completed a investigation we have always provided a copy of the statement the individual has made.

Even passed information to a parent of fatality incident. This case two organisations were prosecuted under HASAWA.

We have nothing to hide and neither had client.

Jeff Manion
www.groveservices.co.uk