Image

Seeing a RIDDOR report

Discuss all things health and safety.

Moderator: Moderators

Post Reply
SafetyElfing
Newbie
Newbie
Posts: 2
Joined: Thu May 06, 2021 9:26 am
2
Has thanked: 1 time

Seeing a RIDDOR report

Post by SafetyElfing »

Hi everyone - Friends daughter had to have surgery following and directly related to an accident at work. She has asked to see the RIDDOR report submitted relating to her accident but the employer is being very unhelpful and unresponsive about everything. Is there another way for her to request / see the report eg HSE direct request or Freedom of Information request - or even check there was one!
Any help much appreciated - I have been unable to find answers via Google and HSE website (but that doesn't mean they aren't there!!)
User avatar
Juan Carlos
Anorak Extraordinaire
Anorak Extraordinaire
Posts: 664
Joined: Thu Sep 03, 2009 9:30 pm
14
Location: London
Been thanked: 45 times

Re: Seeing a RIDDOR report

Post by Juan Carlos »

Hello,

They don't have to share the RIDDOR report with you. What you could ask for is a copy of the incident report and investigation and even that, I don't believe they have to share that with you. Perhaps if this was requested by the health and safety rep, then it would be easier to obtain it. They will at some point, if you put a civil claim in, have to release all documentaion relating to the incident including the RIDDOR report. It is in their own interest to have complied with the law in terms of submitting the report to the HSE. I personally would have been happy to provide you with a copy of the incident report and investigation without any hidden agendas.
User avatar
EagleBeagle
Student
Student
Posts: 66
Joined: Tue Mar 28, 2017 3:31 pm
7
Has thanked: 3 times
Been thanked: 30 times

Re: Seeing a RIDDOR report

Post by EagleBeagle »

She should submit a request under the Data Protection Act 2018 / General Data Protection Regulation 679/2016 for all personal data relating to the incident, or if considering her legal action her solicitor can submit this on her behalf. I would be looking to put in a broad request as soon as practicable requesting the following:
  • The Accident Report Form/Accident Book Entry
  • Any First Aid Report filed
  • Any CCTV footage which may be available
It should be noted that the information may be heavily redacted depending on the accident circumstances e.g. if other parties were involved in the investigation or were captured on CCTV, etc. There is also a limited exemption to providing the data if the request "would not have been made but for the desire to access information to be used in other legal proceedings", though if you think the employer has wrongly interpreted this you can raise the matter with ICO.

A sample letter/email is provided by the Information Commissioners Office at https://ico.org.uk/your-data-matters/yo ... s-request/.

As has been mentioned, should a personal injury action or any other legal proceedings be initiated, the employer will be obliged to provide all this information under the discovery process which is a court ordered process. If she is considering litigation, its very important to take advice promptly to ensure that evidence is secured.
SafetyElfing
Newbie
Newbie
Posts: 2
Joined: Thu May 06, 2021 9:26 am
2
Has thanked: 1 time

Re: Seeing a RIDDOR report

Post by SafetyElfing »

Many thanks Eagle Beagle!
stephen1974
Anorak Extraordinaire
Anorak Extraordinaire
Posts: 743
Joined: Fri Aug 02, 2013 1:55 pm
10
Has thanked: 26 times
Been thanked: 202 times

Re: Seeing a RIDDOR report

Post by stephen1974 »

I would agree 100% with Eagle Beagle but would add, on the list of what to ask for, specify the RIDDOR as well, as its easy for people to fudge around an issue if its not made clear.
User avatar
EagleBeagle
Student
Student
Posts: 66
Joined: Tue Mar 28, 2017 3:31 pm
7
Has thanked: 3 times
Been thanked: 30 times

Re: Seeing a RIDDOR report

Post by EagleBeagle »

stephen1974 wrote: Wed Jun 09, 2021 3:25 am I would agree 100% with Eagle Beagle but would add, on the list of what to ask for, specify the RIDDOR as well, as its easy for people to fudge around an issue if its not made clear.
Absolutely, spot on Stephen. Sorry I was a bit unclear on it.
Post Reply

 

Access Croner-i Navigate Safety-Lite here for free

HSfB Facebook Group Follow us on Twitter Find us on Facebook Find us on on LinkedIn

Terms of Use Privacy Policy