Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Herb  
#1 Posted : 25 January 2023 22:35:07(UTC)
Rank: Forum user
Herb

If a member of the public requests a copy of their accident form, I understand that we would ask for them to put their request in writing. My query is that the form contains other third party personal information in relation to the person that investigated the accident, the name of the first aider etc etc. it would also record the investigation findings. Has anyone had a similar query? I know that usuallly it would be a solicitor requesting this information but I have not had the injured person request this information direct.
Roundtuit  
#2 Posted : 26 January 2023 08:39:01(UTC)
Rank: Super forum user
Roundtuit

This has been discussed from the point of view of an employee requesting a copy of the accident book and there were similarly views for and against.

You do have the great cop out bandied by many firms that you either need to heavily redact the document so as to protect the personal information of others or it is simply unavailable.

Personally I would take the stance that the "Accident Book" and its content are a matter of company record in completing legal duties as an employer - they are not mandated as a publicly available record (hence the current official publication containing tear out pages).

If this is merely a general member of the public (and not the injured party or their legal representative) you should stick to the GDPR approach as you have no way of discerning a link between the two parties - lawyers must carry indemnity insurance the general public do not.

Roundtuit  
#3 Posted : 26 January 2023 08:39:01(UTC)
Rank: Super forum user
Roundtuit

This has been discussed from the point of view of an employee requesting a copy of the accident book and there were similarly views for and against.

You do have the great cop out bandied by many firms that you either need to heavily redact the document so as to protect the personal information of others or it is simply unavailable.

Personally I would take the stance that the "Accident Book" and its content are a matter of company record in completing legal duties as an employer - they are not mandated as a publicly available record (hence the current official publication containing tear out pages).

If this is merely a general member of the public (and not the injured party or their legal representative) you should stick to the GDPR approach as you have no way of discerning a link between the two parties - lawyers must carry indemnity insurance the general public do not.

A Kurdziel  
#4 Posted : 26 January 2023 10:50:14(UTC)
Rank: Super forum user
A Kurdziel

Assuming that the person is member of the public who has been involved in an incident on your site, I would simply ask them why they require this information.  I would tell then that the information is collected for the purpose of an internal investigation and if necessary to comply with your statutory requirement to pass on details of certain incidents to the HSE under RIDDOR. When the make a request they must establish what they intend to do with the information as it might contain confidential information that you simply cannot share with anybody. If they are making a claim then they should ask for the information through their legal representative.

Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.