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Baron  
#1 Posted : 12 December 2018 15:02:16(UTC)
Rank: Forum user
Baron

Hi

I understand there is a legal requirement to have an accident book. I can't find the actual  regulation or law or if there is a requirement to record all minor accidents, such as first aid?

Surely this is captured by duty of care and an important part of accident prevention, not to mention any litigation which mat arise, evem from what appears to be a minor injury or first aid...

I have records of several first aid events and the line manager is stating they will not release the names of the IPs as its against GDPR. Really!? Any law gurus who can help?

Surely GDPR is not valid here as long as the data is controlled with company systems?

Thanks

Barry

Elfin Davy 09  
#2 Posted : 12 December 2018 15:31:20(UTC)
Rank: Super forum user
Elfin Davy 09

The Social Security (Claims and Payments) Regulations 1979 require any employer with 10 or more employees on the same premises to keep an accident book, while the Social Security Administration Act 1992 and The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) all legally require employers to keep a record of workplace injuries.

Assuming you deal with accidents and have the authorisation of the company to do so (as opposed to just being nosey about what happened), there is no reason why you shouldn't have access to the IP's information, but under GDPR you may need to advise the IP of how long their personal information is likely to be retained and who it might be shared with (ie the HSE in the case of a RIDDOR reportable incident).

Edited by user 12 December 2018 15:35:54(UTC)  | Reason: Not specified

Roundtuit  
#3 Posted : 12 December 2018 16:10:44(UTC)
Rank: Super forum user
Roundtuit

http://forum.iosh.co.uk/posts/t127007-Signing-The-Accident-Book

Post regarding the "official" HSE Accident Book

So even if your are merely a "Safety Representative" if the record has been signed by the individual then the information should be made available

Too much smoke, mirrors and absolute tosh getting bandied about under the new catch all of "GDPR"

Just had a garage trying to tell me they could not telephone to say my car was ready unless I signed their consent form "its GDPR you know". Wrong - information necessary for the conclusion of a contract or transaction is NOT covered by GDPR, what their consent was actually for was to give them permission to add me to their marketing lists whish is GDPR.

thanks 6 users thanked Roundtuit for this useful post.
A Kurdziel on 12/12/2018(UTC), SNS on 12/12/2018(UTC), chris42 on 13/12/2018(UTC), A Kurdziel on 12/12/2018(UTC), SNS on 12/12/2018(UTC), chris42 on 13/12/2018(UTC)
Roundtuit  
#4 Posted : 12 December 2018 16:10:44(UTC)
Rank: Super forum user
Roundtuit

http://forum.iosh.co.uk/posts/t127007-Signing-The-Accident-Book

Post regarding the "official" HSE Accident Book

So even if your are merely a "Safety Representative" if the record has been signed by the individual then the information should be made available

Too much smoke, mirrors and absolute tosh getting bandied about under the new catch all of "GDPR"

Just had a garage trying to tell me they could not telephone to say my car was ready unless I signed their consent form "its GDPR you know". Wrong - information necessary for the conclusion of a contract or transaction is NOT covered by GDPR, what their consent was actually for was to give them permission to add me to their marketing lists whish is GDPR.

thanks 6 users thanked Roundtuit for this useful post.
A Kurdziel on 12/12/2018(UTC), SNS on 12/12/2018(UTC), chris42 on 13/12/2018(UTC), A Kurdziel on 12/12/2018(UTC), SNS on 12/12/2018(UTC), chris42 on 13/12/2018(UTC)
johnmurray  
#5 Posted : 16 December 2018 09:06:08(UTC)
Rank: Super forum user
johnmurray

Under GDPR, the first principle is to process all personal data lawfully, fairly and in a transparent manner. Processing (including collection, recording, organisation, structuring and storage) must have a “lawful basis”"  https://www.healthandsaf...plies-accident-reporting

At a glance

  • The GDPR sets a high standard for consent. But you often won’t need consent. If consent is difficult, look for a different lawful basis.
  • Consent means offering individuals real choice and control. Genuine consent should put individuals in charge, build trust and engagement, and enhance your reputation.
  • Check your consent practices and your existing consents. Refresh your consents if they don’t meet the GDPR standard.
  • Consent requires a positive opt-in. Don’t use pre-ticked boxes or any other method of default consent.
  • Explicit consent requires a very clear and specific statement of consent.
  • Keep your consent requests separate from other terms and conditions.
  • Be specific and ‘granular’ so that you get separate consent for separate things. Vague or blanket consent is not enough.
  • Be clear and concise.
  • Name any third party controllers who will rely on the consent.
  • Make it easy for people to withdraw consent and tell them how.
  • Keep evidence of consent – who, when, how, and what you told people.
  • Keep consent under review, and refresh it if anything changes.
  • Avoid making consent to processing a precondition of a service.
  • Public authorities and employers will need to take extra care to show that consent is freely given, and should avoid over-reliance on consent.
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/consent/
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