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#1 Posted : 13 September 2006 12:46:00(UTC)
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Posted By Piper
I have received a request from our trade union representative that he receives full information about all accidents that have occurred. While I do wish to work along with the unions I do have some concerns principally regarding the release of perhaps personal information (many of our accidents occur to members of the public). My understanding of the Health and Safety (Consultation with Employees) Regulations is that safety reps are entitled to accident information on notifiable accidents. I have no difficulty in sharing general trend analysis information on accidents.

I would be interested in views on the strict legal entitlements to full disclosure
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#2 Posted : 13 September 2006 12:58:00(UTC)
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Posted By John Doe
Piper,

the H&S Consultation Regs are for use in consulting with non-Union reps (i.e. Employee reps).

The 'union' version is the Safety Reps & Safety Cttee Regs.

There are slight differences in what the functions (not duties, mind) are for these different types of reps but the respective documents will tell you what these are exactly.

Hope this helps.
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#3 Posted : 13 September 2006 13:13:00(UTC)
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Posted By David MacFarlane
Piper,

We have both Safety Reps and Reps of Employee safety. As H&S Manager I make sure that they receive information on ALL accidents. I feel that it is important that its a level playing field between Union and Non-Union Reps. Its a positive step to include the Reps and can be a focus for discussion at Safety Committee Meetings - Accident investigation proceedures, Reactive measures, recommendations, etc.

Dave M.
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#4 Posted : 13 September 2006 13:30:00(UTC)
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Posted By Ron Hunter
H&S Reps (TU appointed or ROES) have an important part to play in the investigation process and particularly in supporting any resultant change or improved systems of work to prevent recurrence. I believe this request is beyond any entitlement granted by the SRSCR'77.
Whilst it is important that they have access to all relevant information, this should be controlled, and doesn't (in my view) mean they are entitled to copies of documents (this could raise Data Protection issues). I would decline the request, but invite the Rep. to whatever meetings you have in place to investigate accidents, where he/she would be able to access(but not retain copies)of all relevant papers.
Unless of course his/her Union is already adequately represented in your investigation processes...............
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#5 Posted : 13 September 2006 15:41:00(UTC)
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Posted By holmezy
Hi all,

if the same request was made to me...which it hasnt been ....yet!!..then I would happily give copies of any reports, investigation etc to reps, committees etc however I would ensure that any personal info was deleted beforehand.

happy to be of help or corrected,,,,

Soon be alcoholoclock........

Holmezy

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#6 Posted : 13 September 2006 16:03:00(UTC)
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Posted By Mark Eastbourne
What Holmezy said.

Copies of the accident forms are given to the union reps but I ensure personal details are blanked out.

The union reps do not seem to mind.

In addition, I feel uneasy about passing details like addresses to others purely from a claim prevention point of view as I heard accidents books were once being stolen and sold to solicitors about 4 years back?
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#7 Posted : 14 September 2006 00:36:00(UTC)
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Posted By John Murgatroyd
I think you'll find that you have to give the reps any information about accidents/incidents, with the personal info removed if you want. Any entries in the accidents book can be marked (by the person concerned, NOT you) as to whether they want their personal info released to a rep with the accident book entry.

Safety reps have specific rights enshrined in law which enable them to:

inspect the workplace regularly to identify potential hazards and causes of accidents;
investigate employee complaints concerning health and safety issues at work;
make representations to the employer on matters arising out of health, safety, and welfare affecting employees at work;
investigate accidents or dangerous occurrences;
inspect relevant health and safety documents; and
establish a joint union-management safety committee
Employers are required to consult safety reps, especially about:

the introduction of any new measures at a workplace that may substantially affect health and safety;
arrangements for appointing competent persons to assist the company with health and safety and implementing procedures for serious and imminent risk;
any health and safety information required to be provided to employees;
the planning and organisation of health and safety training for the workforce, such as induction training; and
health and safety implication of the introduction of new technology
Employers are legally required to provide safety reps with the resources to carry out their role. This might include:

a room and a desk at the workplace with facilities for storing correspondence;
ready access to internal and external telephones and, now, to email and the internet;
access to typing, duplicating and computer facilities;
provision of a notice board; and
use of a suitable room for confidential reporting back to individual employees and consulting with members.
Other facilities should include copies of relevant statutes, Regulations, Approved Codes of Practice and HSE guidance, copies of safety journals, and legal and international standards that are relevant to the workplace.

There will be more rights for safety reps soon. Get used to it. Many of you are WRONG with your attitude, since safety reps frequently know MORE about their workplace hazards than the "safety" consultants (and also about the law apparently)

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#8 Posted : 14 September 2006 03:39:00(UTC)
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Posted By PRH
The following is taken directly from the HSE website. It was found with a simple search of the website. Sorry to all those who have responded but ????

Safety representatives are also entitled to see copies of any document that employers must keep under health and safety law, for example the important findings of risk assessments or information relating to occurrences of any accident, dangerous occurrence or notifiable industrial disease.
Safety representatives are legally entitled to inspect records of accidents that employers have to keep under the Reporting of Injuries, Diseases and Dangerous Occurences Regulations 1995 (RIDDOR). The Accident Book BI510 is a valuable document that organisations can use to record accident information as part of their management of health and safety.
A tick box is included on each page of the Accident Book asking whether the injured person gives his or her consent to the disclosure of the information contained in that record to safety representatives.

The employer should:
if the injured person has ticked the tick box (and signed the form), disclose the information contained in the accident record, so far as it relates to the injured person, to safety representatives and/or representatives of employee safety;
anonymise the information if the injured person does not tick the tick box and disclose it to safety representatives and/or representatives of employee safety.
The arrangements to pass on this information should be discussed between employers, employees and/or their representatives. The aim should be to make the best possible use of this (and other) information to meet health and safety objectives. By following this approach you and your employer will not be infringing the Data Protection Act (DPA) or confidentiality law.

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