We don't know whether the most recent response to this request contains information or not – if you are Terry Hughes please sign in and let everyone know.

Implications of DPA and GDPR on right to access reports and risk assessments under the Safety Representatives and Safety Committees Regulations 1977.

We're waiting for Terry Hughes to read a recent response and update the status.

Dear Health and Safety Executive,

Can you please confirm by return whether the Data Protection Act or the recently introduced GDPR have had or will have any effect on the performance of the role and function of Safety Representatives particularly with regard to part 7 of the Safety Representatives and Safety Committees Regulations 1977, "Inspection of documents and provision of information", as defined here http://www.legislation.gov.uk/uksi/1977/... .

With the introduction of the GDPR is it the case that Safety Representatives will no longer, by virtue of their role, be able to view documents such as Accident reports, Risk assessments etc that contain personally identifiable information or is it the case that Safety Representatives are entitled to see these by virtue of the fact that they are doing so for lawful purposes and access to same is a requirement for them to fulfil their role?

Additionally if you have had any consultation on this matter with the ICO or any other authority then please provide a copy of any advice received.

Yours faithfully,

Terry Hughes

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Dear Health and Safety Executive,

Thank you for your prompt acknowledgement.

Yours faithfully,

Terry Hughes

Health and Safety Executive

Thank you for emailing the Health and Safety Executive. This is an automatic acknowledgement to tell you we have received your email.

Please note this email account is for the submitting of FOI requests via the 'whatdotheyknow' website only. For all other FOIs requests please refer to http://www.hse.gov.uk/foi/your-right-to-...

HSE publishes a comprehensive range of information and guidance on our website. You can find out what the health and safety law requires by searching under the relevant topic or industry section, and all of our publications are free to download. HSE does not operate a telephone helpline for general health and safety information. If you need to engage the services of a health and safety consultant, you may wish to visit the Occupational Safety and Health Consultants Register (OSHCR).

If your email is a request for advice, please visit http://www.hse.gov.uk/contact/informatio...

If your email is about a concern, please visit http://www.hse.gov.uk/contact/complaints...

If you wish to report an incident, please visit http://www.hse.gov.uk/riddor/index.htm

Thank you for contacting the Health and Safety Executive.

Jane Cloherty, Health and Safety Executive

You requested HSE confirm “ whether the Data Protection Act or the
recently introduced GDPR have had or will have any effect on the
performance of the role and function of Safety Representatives
particularly with regard to part 7 of the Safety Representatives and
Safety Committee Regulations 1997”.

 

HSE do not regulate or enforce GDPR compliance and you therefore need to
re-direct your query to the Information Commissioners Office who regulate
and enforce compliance with this regulation.

 

However, HSE are of the view GDPR legislation will not have any effect on
the functions undertaken by safety representatives because their functions
are provided by law. For example, safety representatives have a right of
access to view accidents details within accident books. However injured
parties detailed within accident books must consent to their personal data
(name etc) being passed to a safety representative and if they do not
consent, the safety representative can only be provided with anonymised
data relating to an accident.  This provision was in place prior to the
introduction of GDRP and remains in place post GDPR.

 

The functions of trade union appointed health and safety representatives
are set in in the Safety Representatives and Safety Committee Regulations
1997 and the functions of representatives of employees safety are set out
in the Health and Safety (Consultation with Employees) Regulations 1996. 
Both of these pieces of legislation give powers to safety representatives
and these powers will continue to apply following the implementation of
GDPR.

 

Regards

 

Jane Cloherty / FOI Policy Advisor / Information Management Unit

Health & Safety Executive / FOI Unit/ 1.3 Redgrave Court, Merton Road,
Bootle, L20 7HS

 

show quoted sections

 

 

We don't know whether the most recent response to this request contains information or not – if you are Terry Hughes please sign in and let everyone know.

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org