Posted By S.Alder
Hello all,
Just been approached by the safety rep asking for details of a recent accident so that he can conduct an investigation. I have given him a copy of the risk assessment and a suitably amended accident report but he has also requested a copy of the RIDDOR report. Legal advice fron the BSC says he is not entitled to a copy and this is also my own view. Your thoughts please.

Posted By MMoran
I would also strongly suggest that the accident report should not be altered at all and that they should see the unaltered document.

Michael

Posted By Richard Mathews
The following is taken from the SRSC regs. It may help.
Inspection of documents and provision of information.
7-- (1) Safety representatives shall for the performance of their functions under section 2(4) of the 1974 Act and under these Regulations, if they have given the employer reasonable notice, be entitled to inspect and take copies of any document relevant to the workplace or to the employees the safety representatives represent which the employer is required to keep by virtue of any relevant statutory provision within the meaning of section 53(1) of the 1974 Act except a document consisting of or relating to any health record of an identifiable individual.
(2) An employer shall make available to safety representatives the information, within the employer's knowledge, necessary to enable them to fulfil their functions except --

(A) any information the disclosure of which would be against the interests of national security; or

(B) any information which he could not disclose without contravening a prohibition imposed by or under an enactment; or

(C) any information relating specifically to an individual, unless he has consented to its being disclosed; or

(D) any information the disclosure of which would, for reasons other than its effect on health, safety or welfare at work, cause substantial injury to the employer's undertaking or, where the information was supplied to him by some other person, to the undertaking of that other person; or

(E) any information obtained by the employer for the purpose of bringing, prosecuting or defending any legal proceedings.
(3) Paragraph (2) above does not require an employer to produce or allow inspection of any document or part of a document which is not related to health, safety or welfare.

Posted By Doug Russell
I agree with Phil. RIDDOR reports are exactly the kind of information that should be disclosed. The Information Commissioner has made it clear that data protection is not a barrier to safety reps having access to information - anonymised if the person has not given their consent to full disclosure. See part 4 of the Data Protection Employment Practices Code. Don't you discuss RIDDOR reports with your safety resps anyway to check risk assessments and preventive and protective measures?