Hi All,

I have a client who has recently reported a RIDDOR on their premises and a question has now arisen as to whether they have to give a copy of that report to the IP.

My thought is that they wouldn't necessarily have to do that but does anyone have a definitive or other view?

Cheers

The HSE FAQ for IP says "ask the employer or controller of the work activity" to find out if a report has been made or to obtain a copy.

There is no automatic right or requirement for the IP to be issued with a copy.

http://www.hse.gov.uk/riddor/faqs.htm

If the employer does an on-line submission wrong (forgets to print) they may not have a copy - also covered in the FAQ's

The employee does not have to be provided with a copy of the report by the employer as a matter of cause. If asked for a copy the employer can just so no, but why would they?

However, the employee can confirm that a RIDDOR was submitted by contracting the HSE direct and if a civil claim is made (the only reason an employeee could actually require a copy) the report would be disclosable anyway so the employer would have to provide it.

Edited by user 09 May 2019 13:23:21(UTC)  | Reason: Not specified

RIDDOR reports are a regulation specified activity and the "holder" of the data is the HSE

The 2018 DPA removed the automatic right to charge an admin fee which should now only be charged where a request is excessive or manifestly unfounded.

RIDDOR is just a tool used by HSE for monitoring purposes, and to highlight any accidents that they may want to take a closer look at, it is not designed as a tool for personal injury claims. Therefore an employee has no right to see a RIDDOR report, what they do have is  a right to see a full accident investigation report.

Originally Posted by: iain1965

  what they do have is  a right to see a full accident investigation report.

Please clarify which regulation, law or statute enshrines this "right"

Companies at minimum are expected to complete the BI510 "Accident Book" - given there is other "personal information" e.g. the name and address of the person making the entry such information may be redacted under DPA.

Additional paperwork is for the company (and its legal representation) even if it mentions the IP does not require an absolute disclosure - this is the full accident investigation report.

Any information that can personally identify an individual may be requested by that person however, it may not be possible to delete or modify the information if there is a legislative requirement that prevents that.  Also there is only a requirement for them to see their personal data not documents that container tier personal data

the SAR Code of Practise is a good resource to keep at hand https://ico.org.uk/media/2259722/subject-access-code-of-practice.pdf

Regarding RIDDOR Reprots.  The information is held by the HSE for RIDDOR reports they are the data controller not the employer.  If an employee wants a copy of a RIDDOR report the can make a subject access request to the HSE 

http://www.hse.gov.uk/privacy.htm

Access to your information and correction

If you think we may hold your personal data and you want to see it, may already hold your personal data, and you want us to correct information that you believe is wrong, or if you want us to delete or stop processing it, please email the Data Protection Officer via the following email address - DPO@hse.gov.uk - or write to us at the following address: -

Data Protection Officer Health and Safety Executive 1.3 Redgrave Court Merton Road, Bootle Liverpool L20 7HS

We may ask you for proof of identity. Pease be aware that if we are processing your information in relation to our law enforcement functions or public tasks, it may not always be possible to fulfil requests to delete or rectify personal information.

Don't recall raising legal privilege merely highlighting such documentation may be generated. By the time a privilege investigation may be determined to be the correct course of action it would not cover the initial BI510 "Accident Book" entry, nor could it cover any statutory F2508 RIDDOR report.

As previous where is the absolute right for the IP themselves to be presented with the "full" report?

Just for clarity I do understand evidential disclosure between solicitors in the event of a lodged claim.