Posted By Jonathan Sandler CMIOSH As the investigating officer (Either EHO or Company) you completed your RIDDOR report and have closed the investigation with 'no further action.' You get a letter from the injuried parties solicitor who requests a copy of your report. In the case of a private company the request should go via the company sec, in the case of LA's the request should be put through Boroughs Solicitors. Questions: 1. do you have to supply them with a copy of the report? 2. what advice would you give to either company sec or borough sol's? 3. what would happen if; in the case of a private prosecution, you have stated NFA, but the courts find the company guilty. All comments welcomed. Regards

Posted By Adrian Watson Johnathon, Under the FOI act, the documents are disclosable by the LA! The DPA would not apply to protect the claimants private information as the claimant would be the one requesting the RIDDOR report. I suspect that the latter part of the question is confused; A private prosecution under the HSWA can only take place with the solicitor generals permission. So I presume that you mean a claim for damages; in which case there is no "guilty" finding, merely an award for damages if the defendant is held to have caused the injury as a breach of the common law or a statutory duty. Regards Adrian

Posted By Jonathan Sandler CMIOSH This is an interesting question, asked by another LA, can the report and the findings of the RIDDOR investigation be requesed and used by the injuried persons/party's/claiment's solicitor? If yes does this therefore mean that in a private claim the investigating officer has to attend the hearing in a private claim case? Dont forget that the investigating officer MIGHT have to interviewed the injuired person etc under caution. Interesting point. Regards

Posted By Stupendous Man Is the injured person an employee of the local authority? Was the local authority implicated in the incident? If yes to either of these, treat as a claim and disclose under the Woolf protocol - if no to both, disclose under FoI (and I believe you can make a charge).