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Is an employee IP entitled to a copy of their Accident Report?
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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?
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Rank: Super forum user
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Rank: Super forum user
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Rank: Super forum user
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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.
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Rank: Forum user
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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.
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1 user thanked Adams29600 for this useful post.
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Is an employee IP entitled to a copy of their Accident Report?
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