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Posted By tina
I have recently heard from a very good source that the new accident book is to be withdrawn; apparently it does not comply with data protection (only the name and address need to be held separately, not the details of the incident). However, I’ve not heard anything from official sources. Can any one help?
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Posted By Peter Lee
Tina,
The current accident book does not comply with the Data Protection Act as people filling in the book can access other peoples details as a result all businesses must have the new style book by December 31st.
You can purchase the new style book from HSE Books £4.75 plus vat.
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Posted By tina
Thanks for the quick response, but I am taking about the new accident book which is due to replace the old one in Jan 2004. The new one, I have also been told does not comply with data protection. eg the Union reps can not view the accident form as it still contains the IP details.
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Posted By Alasdair Edgar
I have heard the same thing. I have been trying to find out if the Accident details have to be removed from the book but have had no luck
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Posted By Graeme Main
Hi,
The new book should have a perforated edge to allow you to remove the filled in accident report.
This should then be locked away with only authorised access, to comply with the data protection act.
hpoe this helps
Graeme.
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Posted By Alasdair Edgar
Hi
Does it mean the accident report as well as the name & address need to be filed away as well, if so why? is this part of the data protection act?
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Posted By johnwaterson
Tina,
Spoken to HSE and they know nothing about the new book being wrong. They say that the new accident book was approved by the DPA Office. I suppose it is a case of grab a sky hook and wait. Best i go and buy new books then.
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Posted By Peter Lee
SRSCR 1977 Regulation 7(2)(c) states that Safety Reps cannot view any information relating to an individual unless he has consented to it being disclosed.
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Posted By Shane Johnston
We don't use the HSE accident books, instead we developed our own forms on a pad of 100. Each form is detached on completion and filed away. Only the name and staff ID number identify the individual, no personal info is detailed on the form. We can obtain personal info from the individuals Personal File if needed (eg for RIDDOR), and the accident form can be viewed by TU or solicitors etc, without breaching the DPA.
Once completed the form is forwarded to the Safety Adviser at the Site via the individuals line mangager. He records his investigation (primary and underlying causes etc)and what he has done to prevent recurrence on the back of the form.
System seems to be working well and the HSE inspectors seem happy with our approach.
Shane.
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Posted By Eric Burt
We have re-designed our accident form so that it complies with Social Security Claims and Payments Regs 1979 ( so we don't have to have an accident book).
The Dept for Work and Pensions approved our accident form, so now we have just the one system for Social Security purposes, RIDDOR purposes, Insurance purposes and our own accident info purposes. Makes everything much simpler, easier to complete and also complies with Data Protection Act as the forms are sent to the Health and Safety Unit and we file them confidentially.
Oh, and we are not paying for the new accident books either! (Which is not really a book but a collection of forms stapled together).
Eric
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Posted By Paul Craythorne
Why do so many H&S practitioners get hung up on something as trivial as an accident book?
If only so much effort was put into effective accident investigation then we wouldn't need to fill the book in so often!!
Paul Craythorne
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Posted By Eric Burt
Paul
The reason H&S Practitioners get "hung up" about accident books is because of the following Regulations:
The RIDDOR Regulations 1995
The Claims and Payments Regulations 1979
The Data Protection Act 1998
Safety Representatives have traditionally looked at Accident Books during their health and safety inspections to get a measure of the type and number of accidents in a particular work area (although this can no longer happen due to Data Protection).
Accident Books are also required by solicitors when pursuing (or defending) civil claims for damages, hence they are legal documents and must be completed accurately.
You are right to highlight the need for effective accident investigation, but for each of those accidents that you investigate, there must also be an entry in the accident book!!
Regards,
Eric
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Posted By Paul Craythorne
Eric,
Thank you for enlightening me on why we have accident books but for your information I already know.
And as for your last comment about having to fill them in, well no you don't as you quite clearly stated in your previous response. All you need to do is redesign your form.
Enough said about this one I think. I've got some real work to do.
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