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Rg.iftime  
#1 Posted : 13 June 2018 10:16:39(UTC)
Rank: New forum user
Rg.iftime

Hi,

My employer closed down one of the locations last year and I have a folder with the risk assessments completed by the contractors carrying out work at the location as well as their bussinesses info (insurances, etc). Most of the documents are from 2016, the location was closed March 2017. Is it the right decision to dispose of these documents or I should keep it for at least 3 years?

Many thanks,

Roxi 

Edited by user 13 June 2018 10:17:15(UTC)  | Reason: Not specified

Jyssicamurphy  
#2 Posted : 13 June 2018 10:26:14(UTC)
Rank: New forum user
Jyssicamurphy

Hey, There is no set amount of time that you need to keep records relating to general risk assessment. It is good practice to keep them while they remain relevant. If the project is completed and there were no reported injuries/incidents etc I do not see why you would need to complete them. :)
thanks 1 user thanked Jyssicamurphy for this useful post.
Rg.iftime on 13/06/2018(UTC)
Hsquared14  
#3 Posted : 13 June 2018 12:13:16(UTC)
Rank: Super forum user
Hsquared14

I would take the opposite view and say you should keep them but for 5 years not 3 - remember that someone can bring a claim even if there is nothing in the accident book and in some circumstances the courts can over-rule the 3 year cut off point.  So getting rid of them now could open up a world of trouble for you at a later date.

thanks 1 user thanked Hsquared14 for this useful post.
Rg.iftime on 20/06/2018(UTC)
djupnorth  
#4 Posted : 15 June 2018 11:25:49(UTC)
Rank: Forum user
djupnorth

Rg.iftime, I sadly disagree with my colleagues above and state that as the risk assessments involve contractors I would want to keep them for 7 years (more if anything occurs that could lead to a dispute/claim).  The reasoning is that a claim arising from a breach of contract can be brought up to 6 years following the breach, which could be on-going (longer with leave from the court).

The golden rule for the retention of documents relating to other than statutory retention is:

  • general personal injury - 3 years from the deemed date of knowledge;
  • contract - 6 years from the deemed date of knowledge; and 
  • child personal injury - 3 years from his/her 18th birthday.

I trust this helps.

Regards.  DJ

thanks 3 users thanked djupnorth for this useful post.
Hsquared14 on 15/06/2018(UTC), Kate on 15/06/2018(UTC), Rg.iftime on 20/06/2018(UTC)
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