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markdm  
#1 Posted : 10 June 2010 10:41:18(UTC)
Rank: Forum user
markdm

Two part question Q1. I manage H&S for a water utility company employing roughly 85 people in a variety of roles from admin work to water treatment; road/site workers etc. The company have just purchased a new H&S software package after recommendation from my line manager (also a senior manager within the company) after he and I spent a lot of time sourcing software that would be right for our business. The software provider has requested that I enter basic company information on an upload sheet so that they can input into the system and therefore make ready for use. My line manager has just gone on a fortnights leave and is expecting the software to be up and running on his return. My problem is that my HR manager (also a senior manager within the company) is steadfastly refusing me the required information on the pretence that it is covered by data protection which i believe is in no way the case. Other than employee names; company start date; department and line manager i am being given no info on. The fields that i am being told that i have no right in knowing or having info on are company email address; office phone number; company mobile numbers; whether the employee works shifts; location of their normal workstation and emergency contact details; amongst others. Without this info the system simply will not function as it has been demo'd to do. Like having 10 gears on a motorbike but only allowed to use one. Is my HR Manager correct to deny me this info? Q2. My company employed me as H&S Manager and in doing this role i am expected to oversee all H&S matters for the company which is spread over several sights in one region. Also under my remit is H&S training. I am expected to produce an accident report twice monthly to include accident damage to property and public liability; although the later 2 is usually communicated to me (by the company secretary) accidents are not which happen to bizarely fall under the HR Manager's remit. Now surely as H&S Manager i should be investigating accidents to help prevent reassurance apart from anything else; but the info that i receive from the HR Manager does'nt even include the name of the person/s involved in the accident; again i'm told data protection. I have brought this matter up on several occasions including 2 senior management meeting which i get invited to once every 2 months but although assurances are made nothing ever comes of them. My company is very clicky and i don't want to rock the boat but at the same time i do want to carry out my role in the way in which i have been trained to do. Any help; advice would be appreciated.
A Kurdziel  
#2 Posted : 10 June 2010 11:28:42(UTC)
Rank: Super forum user
A Kurdziel

I am sorry to say but this begs the question what the company actually wants the H&S manager for... are you just a fall guy if it all goes wrong? Specific answers to your questions are: 1. The data protection act is clear, you can share information if there is good reason for it, and this looks like a good reason. Information simply about the company such as its email address whom it directors are, are publically available information, registered at Companies House. If you want to upload names and details of individuals, then if this information is held internally it should not matter. If it is held on the outside supplier’s website then you need to obtain reassurances that the information is secure. 2. Accident reports- this is a new one- how they can regard accidents reports as confidential I am not sure. If they want the organisation to have an effective H&S Management system then they need mechanisms to feedback on the effectiveness of the system- accident reporting is definitely one of those mechanisms. The H&S Manager must be able to manage H&S-it’s a no brainer. I suspect that the position you are filling is a new one and the idea of a H&S system that is more than something reactive is something that the management is not familiar with. You need to wave things like HSG 65 at them and explain to them how the free flow of information is vital to such a system. Good Luck.
wizzpete  
#3 Posted : 10 June 2010 13:54:19(UTC)
Rank: Forum user
wizzpete

I would tend to agree and completely understand your point about the 'clickiness' within the organisation Markdm - it can create barriers and it seems that the HR Manager may see you as a 'threat' without understanding that you were brought in to help. 1. The Data Protection Act is often used as an excuse (just like 'elf n' safety) to hide behind. As a very general guide, if the information is that which would be available on a Business Card (name, department, phone numbers (inc mobile), emails etc then it's considered public information. You should ensure that Data is secure (so consider who has access to your new H&S Software) and where it - and any offsite backups - are held. The Key is Management of access to the data, not where the data is held. If you are part of the same organisation as the HR manager and can ensure the above, particularly medical information, then I really only see his concerns as Empire Building. 2. This again can tie into the above and concerns information management. Exactly as A Kurdziel says - the H&S Manager must be able to manage H&S-it's a no brainer. You are going to have to get the rest of management - at all levels - to buy into H&S as an organisation issue and not simply your what your job is.
imwaldra  
#4 Posted : 11 June 2010 16:49:43(UTC)
Rank: Super forum user
imwaldra

A minor comment, but I suggest it isn't the role of an H&S professional to investigate accidents, but rather to help others to do so. If you take the lead, especially in an organisation as cliquey as you say it is, it's pretty much guaranteed that none of your recommendations will be supported by line management. Whereas if you coach and mentor them (and ensure you have an agreed role to QA investigation reports, if you aren't in the team), they will pretty much have to do what they or their peers recommend as reasonable improvement actions. If you need more info, see the IOSH Guide 'Learning the lessons', as most of what it says is fully applicable to less serious events as well as the major ones at which it's specially targeted.
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