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#1 Posted : 09 January 2006 10:09:00(UTC)
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Posted By Mike grey Does anyone know of a legal duty to provide personal details (Home address) when reporting an accident or incident both internally and externally. I have a member of staff asking why he should do this and apart from telling him of the benefits to him personally i am having problems finding a legal duty. I have contacted the Incident Reporting Centre and i have been notified that there is no legal duty under RIDDOR to provide personal details. Has anyone had this issue previously and found any answers.
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#2 Posted : 09 January 2006 10:23:00(UTC)
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Posted By Glenn Taylor I've had this in the past, there is no specific duty for his personal information to be contained in a visible format, indeed he (the employee) has protection from this under the Data Protection Act...details of the accident/incident can be recorded but not his personal data, at least not in a visible format, information regarding the accident/incident can be placed within his/her medical file if they have one.........at least this is my understanding of this having touched on the same subject....if that personal information was visible and not with-held then you could find yourself in a spot of bother, or the company not necessarily yourself. One has to respect his personal details as private..... Of course someone else may have a much more detailed answer but that was my experience...........hope it helps..... Glenn
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#3 Posted : 09 January 2006 10:41:00(UTC)
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Posted By Mike grey Thanks Glen I have informed them of the Data Protection Act and the fact that personal details are protected by this. As an organisation we control the reporting system so these details are kept in secure areas.
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#4 Posted : 09 January 2006 17:03:00(UTC)
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Posted By Stupendous Man A point to bear in mind on this subject - many people think that the Data Protection Acts means that they do not have to disclose their personal details. This is incorrect. The Data Protection Act provides protection for data once it has been collected. I know that many on this forum will be aware of this, but it sometimes needs putting very plainly and bluntly to other members of the workforce. As for the other 'weapon' used in this situation - "I don't have to answer that, human rights"... don't get me started!...
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#5 Posted : 10 January 2006 08:55:00(UTC)
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Posted By Cathy Ricketts This might help you - I have found a way round this for employees - I just get them to put their name and job title/staff number - The HR department have copies of all personal addresses so if I really need it I can ask the employee if I can use it on the RIDDOR Report form and get it from HR - seems to work and I havent had any refusals when I need to submit a RIDDOR form
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#6 Posted : 10 January 2006 14:01:00(UTC)
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Posted By Stupendous Man I stand to be corrected here, but I am sure that the Data Protection Act allows for personal details to be disclosed where there is a legal requirement. As such, you do not need an employees permission to put their address, age etc. on the RIDDOR report.
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#7 Posted : 10 January 2006 14:48:00(UTC)
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Posted By Jim Walker We too use the staff number as a way round this - also saves me having to verify details! To go off at a tangent, I can well understand people being reluctant to give details and do not consider them obstructive. Observe the poor souls (can't remember which government dept but it was in the papers a few weeks ago) who due to sloppy security have had their "identity" stolen and are now in a financial mess as a result.
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#8 Posted : 10 January 2006 16:43:00(UTC)
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Posted By Pat Hannaway Hi Mike, we used to have an occasional grumble about this from staff when we used the "old style" accident books. Being in Northern Ireland some staff were reluctant to record personal details in a common book because of (sometimes justified) security fears. With the introduction of the "new style" accident books with the tear out pages, we have had no problems. (The new books specify at box 1 : About the person who had the accident: Give full name, home address and occupation".) This is a legal duty under the Social Security legislation outlined in the Accident Book. Regards Pat
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#9 Posted : 10 January 2006 17:44:00(UTC)
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Posted By Merv Newman Data protection act requires disclosure and right of correction to the person concerned. It does not forbid recording of personal information : name, age, sex, S/M, AC/DC whatever.
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#10 Posted : 10 January 2006 19:29:00(UTC)
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Posted By Helen Horton I think the original requirement for home address details etc on the reports is to do with the Social Security Acts and benefit claims for industrial injury benefit. Certainly the DWP will check with the HSE if a RIDDOR report was recieved in order to check that a claim is bona fide - checking by the HSE has lead to a number of employers being prosecuted for not reporting under RIDDOR.
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#11 Posted : 10 January 2006 20:03:00(UTC)
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Posted By John Murgatroyd I never enter my home address in the accident book. If they don't like it, tough. I never give permission to disclose information to anyone, and that includes safety reps. Recent (last few years) entries in works accident book. for "sprained wrist" read "fractured wrist" (£41,000.00) For "bruised little finger" read "fractured finger with torn tendons" (ongoing) It's called "creative accident book information input" It goes along with other minor irregularities, like not bothering to RIDDOR an overturned forklift and tearing the hydraulics off a forklift, which led to the mast coming down FAST. Just another year in an SME.....most of which wouldn't RIDDOR anything given a chance.
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#12 Posted : 11 January 2006 08:47:00(UTC)
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Posted By Mike grey Dear all, thanks for your responses. We have confirmed with the HSE that there is no requirement to provide home addresses. With this information we have decided that work addresses are ok. Our legal department only use work addresses on any claims documentation, sadly out Data Protection officer did not release any information on the matter! Thanks Mike
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#13 Posted : 11 January 2006 09:05:00(UTC)
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Posted By Carrie Ellerby Hi All, making use of this thread with very similar subject content: Trying to write a new procedure for reporting and investigation of accidents / incidents. If we start with the formal tear out accident record (which is kept entirely confidential) what would be the implications of a First aider report giving details of name and accident / injury being passed to a supervisor for investigation? Other than the address I know that this would be practically the same info as the original report but I can't see how the incident can be investigated without this information. Any advice? Thanks Carrie
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#14 Posted : 11 January 2006 09:34:00(UTC)
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Posted By DaveTripp The other thing that needs to be taken into account, the data protection act requires you to make the information secure, completed accident reports should be locked away, unscrupulous claims companies are targeting construction sites just to get at the accident records, it is big business for them and this claim culture we now have encourages a lot of people to claim for the sake of it, other employees in the same company can copy accident records and forward on to claims Lawyers, for a commission fee, who will then contact the injured party and pressure them into making a claim, so be aware and be secure, identity theft is not the only problem!
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#15 Posted : 11 January 2006 20:36:00(UTC)
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Posted By John Murgatroyd It is not a "compensation culture" It's the legitimate use of law to obtain compensation for injury, pain and loss of earnings. Refusing to give the information to a solicitor acting for the injured party may well lead to a few more problems.
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