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Is it usual to allow the IP to have a copy of their signed statement regarding an accident that took place in work that they were involved in or is it down to company policy what the employer does with that infomation? Many thanks
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I see no reason to deny them a copy of their signed statement. I have not looked into whether this is a legal requirement as in GDPR, etc. but just good practice would lead me to believe there is no good reason to deny this to the individual.
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 4 users thanked WatsonD for this useful post.
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Turn it around another way. What right do you have to deny an employee access to any record you keep on them? If you look at it that way the answer becomes easy.
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6 users thanked sidestep45 for this useful post.
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Originally Posted by: sidestep45  What right do you have to deny an employee access to any record you keep on them?
There are any number of records that may mention an employee to which they are not legally granted access - just the same as there are records held by the government and other institutions you will never have access to. So the answer is not "that easy".
The Data Protection Act 2018 is your guide in the absence of any company policy. Would they get a copy of any statement they provide to the HSE?
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Rank: Super forum user
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Originally Posted by: sidestep45 What right do you have to deny an employee access to any record you keep on them?
There are any number of records that may mention an employee to which they are not legally granted access - just the same as there are records held by the government and other institutions you will never have access to. So the answer is not "that easy".
The Data Protection Act 2018 is your guide in the absence of any company policy. Would they get a copy of any statement they provide to the HSE?
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As a matter of course, I encourage they are given a copy at the time of doing it, whether it’s notes or a signed account. No reason not to. Either copy it or simply take a photo and email. Doing otherwise simply creates more work for everyone. I include it as part of the intro that at the end they get a copy and that’s whether they choose to sign it or not.
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I also don't see any reason for denying it since if it were to escalate into a claim against the organisation, then it would normally be disclosed anyway.
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The statement is theirs, albeit that they made it to you. If you are interviewed by police, you or your legal representative are given a copy of your statement. There is no reason for you to with hold the statement and it should be a matter of course that they are given a copy and I would say signed by both sides
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The purpose of a statement is to produce a record - it is the company policy that dictates the requirement
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Rank: Super forum user
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The purpose of a statement is to produce a record - it is the company policy that dictates the requirement
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IMO I cannot see any reason why the IP should be denied access to their statement. It was stated above about GDPR. since the statement was, i assume, freely given. Then thhey are aware of what was said, so there can be no breach of personal information.
Mike
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A statement will carry information that attaches it to an individual (some forms I have seen demand name, address, D.O.B., clock/employee number, Job Title, Department, National Insurance Number). As such the employer needs to handle information in accordance with their Data Protection policy and procedures. Whilst the IP may have provided the information and been present at its collection the distribution of any personal data record should follow company procedure for storage, handling and processing.
Should the IP make a claim then release of document(s) will be subject to a chain of custody normally from the employer to their insurer against a third party request.
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Rank: Super forum user
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A statement will carry information that attaches it to an individual (some forms I have seen demand name, address, D.O.B., clock/employee number, Job Title, Department, National Insurance Number). As such the employer needs to handle information in accordance with their Data Protection policy and procedures. Whilst the IP may have provided the information and been present at its collection the distribution of any personal data record should follow company procedure for storage, handling and processing.
Should the IP make a claim then release of document(s) will be subject to a chain of custody normally from the employer to their insurer against a third party request.
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Roundtuit, i think i see what youre trying to say, namely, policy may dictate they cannot have a copy of THEIR signed statement, if so, the policy, if it exists should aIP of that at the start and include it as part of a signed intro.
im lost as to how or why GDPR would be reason to deny the IP a copy of their signed documnet. i would always revert to a good practise to provide a copy at the time, or asa minimu, explain how a copy dan be obtained.
lets be honest, wo on th forum would willingly provide a statement, let alone a signed one if they dint believe theyd get a copy.
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...Article 13 GDPR gives the rights of the individual (data suibject) to request a copy of the information at any time...and the right to know how that information is being used...
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I have no issues with what you are calling GDPR as enacted through The Data Protection Act 2018 in which: 45 Right of access by the data subject (1) A data subject is entitled to obtain from the controller— (a) confirmation as to whether or not personal data concerning him or her is being processed, and (b) where that is the case, access to the personal data and the information set out in subsection (2). (2) That information is— (a) the purposes of and legal basis for the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipients to whom the personal data has been disclosed (including recipients or categories of recipients in third countries or international organisations);
If you aren't recording who is getting copies and/or your policy/procedures do not adequately address who is entitled to access what data......
So actually the converse to policy denying access - the policy should be implicit as to what, and to whom data is released.
Still waiting to hear from the (ex)HSE inspectors on here the answer to post #4 - would I get a copy of a statement given to the HSE? Edited by user 07 February 2020 09:56:58(UTC)
| Reason: HSE
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I have no issues with what you are calling GDPR as enacted through The Data Protection Act 2018 in which: 45 Right of access by the data subject (1) A data subject is entitled to obtain from the controller— (a) confirmation as to whether or not personal data concerning him or her is being processed, and (b) where that is the case, access to the personal data and the information set out in subsection (2). (2) That information is— (a) the purposes of and legal basis for the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipients to whom the personal data has been disclosed (including recipients or categories of recipients in third countries or international organisations);
If you aren't recording who is getting copies and/or your policy/procedures do not adequately address who is entitled to access what data......
So actually the converse to policy denying access - the policy should be implicit as to what, and to whom data is released.
Still waiting to hear from the (ex)HSE inspectors on here the answer to post #4 - would I get a copy of a statement given to the HSE? Edited by user 07 February 2020 09:56:58(UTC)
| Reason: HSE
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HSE do not give you a copy of a statement they have taken even unpon your request. The only way you will get the statment you have made and signed is through legal channels.
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1 user thanked toe for this useful post.
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Originally Posted by: toe HSE do not give you a copy of a statement they have taken even unpon your request. The only way you will get the statment you have made and signed is through legal channels.
I wonder how many people ask for it? The way I read their procedures was that they can provide them, its a decision they have to make with some criteria they should consider if they choose not to , ie interfere with an investigation etc.
But for 'mere mortals' I've yet to find a reason why the witness doesn't get a copy and definitely want to explain in my own notes why it was either declined or not offered. Remembering that in the overwhelming majority of cases, it is being given voluntarily, not under a formal caution and indeed, nothing to require then to signm, even if they are happy to provide an account and for it to be written down.
As a general topic, it would be interesting to understand how different organisations . companies manage the 'witness statement'.
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Originally Posted by: AcornsConsult to explain in my own notes why it was either declined or not offered.
Notes concerning a data subject........
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Originally Posted by: AcornsConsult to explain in my own notes why it was either declined or not offered.
Notes concerning a data subject........
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Originally Posted by: Roundtuit Originally Posted by: AcornsConsult to explain in my own notes why it was either declined or not offered. Notes concerning a data subject........ I’m all for being full and open, so my notes might say when I called to make the appointment etc, if and I’d say it was a big if, I was not inclined to give a copy of a statement to the provider, especially after they had signed it ( or even declined to sign it), then it’s only fair I give my reasons. And I’d do that verbally and in any notes I may make. At a later date that decision may be overturned or be told it was the wrong one, but at least I can use my notes to understand and explain why the decision was made at that time. It may be a withhold for a short period of specific reason. To me that shows my thought process and the rss as t I’m prepared to douching the it also, IMHO, shows my integrity. If the wit gets a copy at a later date then there would be little surprises to them or to criticise me. Win- win
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