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Posted By David-J-Jones
I would be very grateful for advice on how long records should be kept in respect of medical reports on employees. A colleague is reviewing our archieve procedures at the moment and is looking to include destruction dates on files.
I am aware of the extended lifespan on asbestos related documents but am at a loss re routine reports eg occ health report on bad back
thanks
Dave
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Posted By IanD
Hi David
It is good practice if you keep the records for 40 years. Apart from the asbestos you should also consider litigation for Noise, Vibration white finger and other respiratory complaints that may be made some 30years after the employee left.
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Posted By NickW
Reg 21 of CAWR 2002 require you to keep medical records for examinations related to asbestos exposure. This would include routine examinations for asbestos workers presumed to be working above the actions levels and also notes on medical records regarding incidences of incidental/accidental exposure (eg a spark drills through some insulation board which is later found to contain asbestos).
And if your firm goes out of business before the 40 years you are supposed to send them all the HSE. Assumedly the HSE have a big basement somewhere storing all these files (if many of the firms going out business actually do this!).
Having said that its important to remember that a one-off exposure is unlikely to cause a disease so the worry and stress could harm the person more than the dose itself. The above requirement is needed to make sure that the courts have some ammunition if the person is unlucky enough to get a disease.
cheers
Nick Williams (DMW Environmental Safety Ltd)
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Posted By Adrian Watson
Dear All,
Regulation 7 (3) the Vibration at Work Regulations 2005 and 9(3) of the Noise at work regulations 2006 states:
The employer shall ensure that a health record in respect of each of his employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained and that the record or a copy thereof is kept available in a suitable form.
Regulation 11(3)of the Substances Hazardous to Health Regulations 2002, Regulation 10(5) of the Control of Lead at Work Regulations 2002 and Regulation 21(1)of the Control of Asbestos at Work Regulations 2002 state:
The employer shall ensure that a health record, ... , is made and maintained and that that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
So the duty is to maintain records in perpetuity for noise and vibration and for 40 years from the LAST entry for hazardous substances.
It should be pointed out that there is no need to keep medical records regarding incidences of incidental/accidental exposure (eg a spark drills through some insulation board which is later found to contain asbestos) unless the action level is likely to be exceeded.
Regards Adrian Watson
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Posted By Dave Wilson
Forget all the legal mumbo jumbo, ask your EL insurance company and they will tell you, never throw anything which could absolve you in the futute away!
MDF and MMMF spring to mind!
(PS don't forget it keep it as a min in the regs and then keep some more, could scan in and save on a PC/server)
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Posted By John Murgatroyd
always remembering the provisions of the data protection act, subject access etc....
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Rank: Guest
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Posted By David-J-Jones
thanks for the info
regards
Dave
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