Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 10 September 2004 08:33:00(UTC)
Rank: Guest
Admin

Posted By S.Alder Hi all,i am aware that i can only give a copy of a full accident report to a rep if i have written permission of the individual concerned or a suitably "doctored" form with the personal details blanked out if that individual is unwilling to grant permission. My reading of the SR and SC regs is that the safety rep can only use this information to assist in the investigation of an accident and make recommendations or suggest improvements to prevent reocurrence of an accident. My question is this: Can a safety rep legally pass this information to a union or other solicitor for the purpose of assessment before a compensation claim is made without the companies knowledge or is he/she breaking the law as the original permission was only granted for the safety rep. to have a copy?
Admin  
#2 Posted : 10 September 2004 09:50:00(UTC)
Rank: Guest
Admin

Posted By Robert S Woods Ask your employees if they are willing to let the rep have the full details and get them to sign a memo to that effect. If they are union members they will probably say yes. This is the advice from the Trades Union Congress TUC which is widely adopted.
Admin  
#3 Posted : 10 September 2004 09:54:00(UTC)
Rank: Guest
Admin

Posted By Timothy Capner Dear S.Alder I used to be a TU Safety Rep and encountered this situation a number of times. However that was B4 the new accident books were introduced. I cannot comment upon the legality of the situation, but no TU Rep should pass on details of a member's situation to anyone. Not even their own Union without that member's express permission. The TU Rep must retain the trust of the membership and respecting privacy is a cornerstone of that relationship. You are correct in that the TU Safety Rep can only use details of the incident to improve w/place safety, not compo-claims, all other 'uses' are outside the TU Safety Rep's remit. If the IP wishes the Union to act on their behalf in other matters related to an accident, then all well and good. Hope this helps. Regards Tim C
Admin  
#4 Posted : 10 September 2004 14:49:00(UTC)
Rank: Guest
Admin

Posted By Maggie Atterbury Hi I agree with the two previous answers, but do remember that if the employee to whom the accident happened wishes to make a claim the accident form is disclosable evidence, so msust be given to his or her solicitor anyway. Maggie Atterbury
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.