This website uses cookies primarily for visitor analytics. Certain pages will ask you to fill in contact details to receive additional information. On these pages you have the option of having the site log your details for future visits. Indicating you want the site to remember your details will place a cookie on your device. To view our full cookie policy, please click here. You can also view it at any time by going to our Contact Us page.

The Legal Column - April 2012

27 April 2012

The experts at Workplace Law address your legislative and compliance issues.

Is fall reportable?

Q: An employee fell and hit her head on a wall while climbing down the company’s stairs on her way to the shop at the end of her lunch break. She went to hospital and is currently at home. Can you please let me know if this is a RIDDOR reportable accident as she wasn't strictly performing her work?

A: Yes, it is reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), even though she was not strictly carrying out working duties – as she is an employee on your premises and has been in hospital for more than 24 hours.

Aspirin

Q: Are first-aiders allowed to give aspirin to a casualty with a suspected heart attack?

A: Yes, they are allowed to administer aspirin if a heart attack is suspected, however they should be specifically trained on the subject – not all First Aid at Work (FAW) or Emergency First Aid at Work (EFAW) cover the subject. The view of HSE is that the administration of medication by a first aider is not part of a FAW or EFAW training course, but you can assist an individual in taking it.

However, the one exception is when training students on first aid for heart attacks, when this subject must be covered. Therefore, for heart attack management, the student must be able to assist a casualty in taking 300mg of aspirin and to advise them to chew it, not swallow.

Mobile phones and data protection

Q: We provide company Blackberries for voice and data calls for our staff. We asked our mobile supplier if they could provide call information on each user with the phone numbers of the calls coming into the phone. On our monthly bills they provide the outgoing information and associated costs but say that they can’t provide incoming call information due to the Data Protection Act. As I am not sure this is the case I could do with some clarification.

A: I would question why you need the incoming call information in the first instance and would imagine that the mobile supplier won't necessarily provide this, as this is not a cost associated to the phone.

My view is that this is not necessarily something that is covered under the Data Protection Act, although it might be covered under the Telecommunications Act. From a data protection perspective, the argument would be that as long as the incoming calls are not personal (or if personal incoming calls are allowed, then they are not excessive) then your company does not 'need' to have this information, and as there is no cost associated with incoming calls, they will not provide this information.

If you feel you have a justifiable need, rather than for monitoring purposes, you would need to relay this to the mobile supplier and request this information again for the cited purpose.


Any questions?
If you have a question that you would like addressed in this column please email it to the editor at tim.fryer@imlgroup.co.uk




Contact Details and Archive...

Print this page | E-mail this page

http://www.fsifm.com
https://www.heatraesadia.com/products/drinking-water/wall-mounted-boiling-water


MOST VIEWED...

View more articles
Article image

Why the Law Says You Need a Nappy Bin Disposal Service

At home, parents are used to disposing of their babies’ used nappies the same way they do any other domestic waste - bagging it up and sticking it in the r...
Article image

Major role of outsourced services in saving Whaley Bridge homes

Last week saw prolonged national media coverage of the plight of residents of Whaley Bridge, Derbyshire, due to the Toddbrook Reservoir becoming unsafe....
Article image

Appreciating the bigger picture of maintaining facilities

One of the most popular topics of discussion within meetings of the PFM Editorial Advisory Board is the applicatio...
Article image

50% FM subsidy announced for GPs in NHS facilities

GP practices based in NHS facilities have been told they will receive a minimum 50% subsidy for their FM and service charges following an announcement by a...

Benchmarking maintenance

BSRIA has just published this year's operation and maintenance benchmarking report as a guide for building operators to evaluate their performance against ...
Article image

More, more, more. Are you ready?

Healthcare Estates 2019 is just a few short weeks away, with preparations really ramping up now for the biggest event yet; more exhibitors, more speakers, ...
PFM