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!!)
Seeing a RIDDOR report
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- Juan Carlos
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Re: Seeing a RIDDOR report
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.
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.
- EagleBeagle
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Re: Seeing a RIDDOR report
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:
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.
- The Accident Report Form/Accident Book Entry
- Any First Aid Report filed
- Any CCTV footage which may be available
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.
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Re: Seeing a RIDDOR report
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.
- EagleBeagle
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Re: Seeing a RIDDOR report
Absolutely, spot on Stephen. Sorry I was a bit unclear on it.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.