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RiskAss  
#1 Posted : 27 November 2018 14:38:31(UTC)
Rank: Forum user
RiskAss

In July this year there was a workplace incident where an employee sustained soft tissue damage to their knee due to the acts and omissions of a recently trained forklift driver.

The medical note stated that the IP was unfit to work for two weeks. The company agreed to allow him the recommended time off on fullpay rather than sick pay. 

Yesterday, almost five months following the incident, the person who was previously injured requested a copy of the accident report form.

Are they entitled to a copy under data protection laws if the information relates to themselves or is this at the discretion of the company?

Roundtuit  
#2 Posted : 27 November 2018 15:34:05(UTC)
Rank: Super forum user
Roundtuit

Roundtuit  
#3 Posted : 27 November 2018 15:34:05(UTC)
Rank: Super forum user
Roundtuit

johnmurray  
#4 Posted : 28 November 2018 12:25:35(UTC)
Rank: Super forum user
johnmurray

https://www.personneltoday.com/hr/confidentiality-and-record-keeping-in-occupational-health-2/
An employee can make a data subject access request (DSAR) in order to obtain personal data held about them by their employer under s.7 of the DPA, which can include data relating to their health or medical records. However, an employer will not be required to disclose such data in response to a DSAR if disclosure would be likely to cause serious harm to the physical or mental health of the employee or any other person.
Adams29600  
#5 Posted : 30 November 2018 14:28:15(UTC)
Rank: Forum user
Adams29600

Really can't see an issue with giving them a copy of the report form. The investigation report may be a different issue depending on outcome, witness statements etc. but the actual report used to inform that an accident occurred?

If they are going to claim, then a solicitor is going to come along and demand the whole lot anyway.

thanks 1 user thanked Adams29600 for this useful post.
Kim Hedges on 03/12/2018(UTC)
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