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Posted By Bob
I would appreciate some advice from you experts on the subject of accident books.
In order to comply with the Data Protection Act there are of course tear-off pages so that personal information is not retained in the book for all to see.
Does anyone know if it is permissable to scan the pages into electronic form (allowing the originals to be shredded) thus removing the need to make arrangements for secure storage of hard copies?
Your views would be much appreciated
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Posted By Jonathan Sandler CMIOSH
The same procedure for storing the information can be refered to, how is the data accessed, that is your security issue, what then happens to the hard copy, how and where is that stored?
How long do you have to store the information?
You will still need to store the hard copy.
Regards
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Posted By Robert K Lewis
You also need to be aware that you must ensure that the procedures for copying and archiving you use are suitable for evidential purposes in courts. Electronic versions are permitted but there are general requirements that need to be met.
Bob
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Posted By Lilian McCartney
Hi Bob,
We've recently been looking at Document Managment systems to reduce the paperwork stored and the first question I had for all the prospective companies was legal status of electronic copies.
They all assured us that this had been checked by lawyers and a scanned electronic copy including signature would be acceptable.
I think it might be one of those situaitons where its wait and see for first case to come up which I know isn't much help to you.
Lilian
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Posted By CFT
Bob
Why electronically? There were problems years ago with microfiche and the information breaking down. Disc is in theory supposed to have a shelf life and with insurance docs having to be kept for 4 decades, I'd have thought that securing the hard copy version was a far better option.Mind you, if there are hundreds to store away....nah, I'm not going down that road.
Can't see any real legal reason why you can't, but how do you ensure it retains complete privacy, lock the back up in the safe? Oh don't it get daft at times?
CFT
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Posted By Bob
Many thanks for your comments folks, very helpful indeed. I think you're probably spot on Lilian in that we may need to wait for it to be legally tested before getting a definitive anwer.
It seems the more I investigate this issue the more complex it gets, being affected by Social Security, Health & Safety and Data Protection legislation, not to mention issues such as evidential legal requirements etc.
I am determined to find out more though and I would like to start by looking at the Social Security (Claims and Payments) Regulations 1979 but cannot track these down on the net. Don't supppose anyone has a link they could let me have?
Bob
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Posted By Stuart Bower
Bob,
We no longer use accidents books.
Our accident report form contains all the required information (and more) so I sought permission from the (then) DWP to stop using them. Hard copies of personal injury reports are filed on personal files.
This they agreed (in writing, - well e-mail!).
We are soon going to to adopt an electronic reporting system and as we'll be adopting the same approach will again not be using accident books. Access levels etc. will be in place to ensure confidentiality.
Don't know if this helps?
Stuart
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Posted By Jonathan Sandler CMIOSH
Bob
Some large contractors/company's have a central reporting division, site managers phone in the incident and a report is raised that way.
Just a thought.
regards
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Posted By John Murgatroyd
Seek and ye shall find:
http://www.dwp.gov.uk/ad.../bluevol/pdf/a1_5491.pdf
Now....electronic accident book...what fun....make sure you don't put any part of any report or investigation into it...at all...ANY. Any party making a claim and using the electronic record is entitled to all of the record, even the accident investigation part. And if you edit the file to remove part, you then have even more problems....claims solicitors are not born stupid, and they make money out of companies doing dim things.
Keep the accident book. Use the electronic storage as an addendum. There is too much temptation in management to only input the data they want, and to remove that they don't like. Written makes that hard work, and also allows the injured party to enter their own [correct] version.
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Posted By Bob
Wow, there's certainly much more to this than I thought when I posted the question!!!
Thanks very much everyone for being so helpful.
If anyone else has any thoughts they'd be much appreciated.
Bob
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Posted By John Murgatroyd
Not forgetting the right of access to accident books for union safety reps, which also applies to "electronic" accident "books".
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Posted By Stuart Bower
"Now....electronic accident book...what fun....make sure you don't put any part of any report or investigation into it...at all...ANY. Any party making a claim and using the electronic record is entitled to all of the record, even the accident investigation part."
Are you not familiar with discovery rules? Any pertient information has to be disclosed whether written or electronic.
We view the electronic 'one stop shop' for the reporting and investigation as a suitable way forward for us. I have no problem with those who need it having access to the information.
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