I am just wondering what the common consensus is in regard to giving Safety Representatives copies of accident report data, and whether this would breach the data protection act.

Does it state anywhere in any H&S legislation that employers must disclose this information to safety reps? If so which act would take precedence HSWA or DTA??

I understand that safety reps can get permission from IP's but that's a different matter.

Ta

Ken

We have always presented accident statistics & reports at safety committee meetings, although the information is anonymous so that the injured person cannot be identified (slightly difficult based on certain sections/job titles with only 1 person).

The safety reps, trade unions & management were all happy with this simple solution

Ken our accident forms have a section added that is signed by IP giving consent to disclose details to safety reps. Monthly stats are reported at committee meetings which are anonymous and as Ray states safety reps are consulted during RIDDOR accident investigations involving staff, as per the Regs

Ken, there is some fairly clear advice on the HSE website, based on consultation with the Information Commissioner. Basically if the IP has not given consent to disclose full details (including their name and address) the safety rep should still be given anonymised details.

http://www.hse.gov.uk/workers/releasing.htm

Have a look at this page for more information:
http://www.hse.gov.uk/in...t/unionappointedreps.htm

Since the data will be anonymised, I fail to see the problem.
What value in data exists if only a proportion is revealed?
So, you have multiple unions. There is provision in regulation, in that specific case, for the various unions to agree for one rep to represent different members of other unions; by agreement.
I suspect, however, that the real reason is more to do with not wanting to disseminate accident data at all.
Here is the relevant section from my UNITE H&s guide:

"When there is more than one union involved
Sometimes for health and safety purposes at a workplace unions favour joint representation. The guidance on SRSC Regulation 3 specifically allows for this, stating that the regulations do not preclude the possibility of a safety rep representing, by mutual agreement between the appropriate unions more than one group or groups of employees. (e.g. in a small workplace or within the organisation of a small employer when the number of recognised trade union reps is high relative to the total number employed)."

http://www.unitetheunion...yGuideNov201311-7504.pdf

the Legislation does seem to suggest they can have copies :-

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

Realised we didn't actually answer question about which piece of legislation we were referring to.

It was:-

the Safety Representatives and Safety Committees Regulations 1977

Chris

Hi folks
We shouldn't forget that an HSE inspector also has an obligation to give certain info to theTU OHS reps and this may be considerable. If he/she does do this then copies of the same nust be given to the Employer
This is of course, Section 28 of HSWA. Copied below for ease of reference.
Much more open and sensible than some posters defending their employers so called right to hang onto the stuff.
(8) Notwithstanding anything in the preceding subsection an inspector shall,
in circumstances in which it is necessary to do so for the purpose of assisting
in keeping persons (or the representatives of persons [IE SAFETY REPS] employed at any
premises adequately informed about matters affecting their health, safety and
welfare, give to such persons or their representatives the following
descriptions of information, that is to say -
(a) factual information obtained by him as mentioned in that
subsection which relates to those premises or anything [VERY WIDE SCOPE] which
was or is therein or was or is being done therein; and
(b) information with respect to any action which he has taken or
proposes to take in or in connection with those premises in the
performance of his functions;
and, where an inspector does as aforesaid, he shall give the like information
to the employer of the first- mentioned persons.
(9) Notwithstanding anything in subsection (7) above, a person who has
obtained such information as is referred to in that subsection may furnish to a
person who appears to him to be likely to be a party to any civil proceedings
arising out of any accident, [AGAIN VERY WIDE AND OF ASSISTANCE IN TAKING LEGAL ACTION FOR INSTANCE] occurrence, situation or other matter, a written
statement of relevant facts observed by him in the course of exercising any of
the powers referred to in that subsection. [ETC ETC]

You really don't think the union rep will not know who ( the name) is the person that had the accident ! anonymised information or not. I used to anonymalise the reports for the committee meetings and after I described what had happened to the IP, the Safety reps told us all the persons name.

If you are willing to give it to one union rep then why not another, if the person has given consent for union reps to have it. The only thing I can see it would prevent is that other union rep going and discussing the incident with the person direct. My understanding is that unions can and do work together.