Hi Clairel, you need to address the reason for keeping health and safety records which may include: · the records are documents required by legislation - quite a list! · the operation/process may be used again and records are needed to ensure safety · they may be evidence in case of litigation or prosecution · to demonstrate the company’s history of safety management · to identify long-term trends · to plan maintenance · to identify training needs Only a small number of categories of records, including medical surveillance, accident and waste disposal records, have to be kept for a specified time. Examples of legislation include: The Social Security (Claims and Payments) Regulations 1979; COSHH; RIDDOR etc. These statutory requirements range from 2; 3; 5; 10 and up to 40 years! So as part of the first question, you were not correct. However, in some cases, for example the Noise at Work Regulations 2005, assessment records should be kept until a further assessment of the hazard is made. Litigation: Clairel with the exception of the various legal requirements, the primary reason for keeping health and safety records, as I’m certain you know, is to ensure that the employer is well placed to protect the safety of the staff and public, but beyond this a powerful reason is the management of an employer’s exposure to litigation. Under The Limitation Act, personal injury actions must be commenced within three years of the injury occurring. This gives a clearly defined time to keep records associated with an injury. However, for some complaints, such as asbestos and noise damage, the employee may not realise he or she has contracted it until several years after exposure. In such cases the Act allows the claim to be brought within three years of the date that the employee had knowledge of the disease or injury. This, therefore, extends the time some records may have to be kept and it is recommended that relevant records be kept for 40 years for such incidents. Evidence that may be needed to fight such a claim include: relevant risk assessments - these are formal surveys of the workplace (Re; The Management of Health and Safety at Work Regulations ) to assess any risks to health and safety to which staff and others are exposed; reviews and updates should be included: · safe operating procedures and safe systems of work · effectiveness of controls such as the monitoring of noise and light levels · maintenance of controls and other machinery · medical surveillance, including pre-employment medicals and audiometry, and biological monitoring · training · safety inspections, including checks to confirm that safe operating procedures are being used and personal protective equipment is being worn · records of who else worked on the process and who their supervisors were · personal protective equipment specification, training, storage and maintenance arrangements · information on other employees who have suffered disease or injury as a result of the process · knowledge of when the disease or injury was established Hope this is of some help? Regards FS.

Clairel, The legal advice I have received is seven years for the storage of documentation unless a specified timeframe is stated elsewhere in legislation. Ciaran

Excellent link, Martin

Presumably Chris, but that timescale is not on the statutory list, it is on the recommended bit. Easier now when everything is electronically saved rather than paper based I imagine. Bit odd though, as if a risk assessment has been updated five times in say, five to ten years, I am not sure that keeping the original risk assessment would be any practical use, as the situation/circumstances/risks will have changed. May have to provide it as evidence I suppose if it all went wrong, showing the starting point for the current RA?

Mmmm, when I first used computers everything was stored on 5.25 floppy discs - permanent storage. Then it was 3.5 inch discs, much stronger. Then it was the CD. then it was the DVD. All these have proven to be very impermanent methods of storage. Hard discs fail so you need multiple copies to be sure. However, the paper records I had prior to using the 5.25 discs are still around. Electronic saving is extremely foolish if you want any sort of longevity!

Whatever happened to the paper less office? Computers were supposed to reduce the paper used, I think they actually increase it :-(

Well there does seem to be difference of opinion (as expected). RIDDOR and COSHH seem to be the only statutory ones (as suspected) - I'm not interested in the non-H&S stuff really. Martin- good link. But I wouldn't go with the permanently for H&S records myself. Seems OTT. Good job that's just what they (whoever 'they' are) recommend and not law. Paper copies is nice as back up but in the current craze of open plan offices not many have the luxury of space. Thanks for the replies.

Not forgetting Regulation 11 of LOLER (L113 refers) and the maintaining of 'perpetual' records such as the Asbestos "written plan" (CAR) and Health and Safety Files for Structures (CDM).