Length of time for record keeping

As Martin has pointed out retention periods can be up to 40 years. Under civil law the burden of proof rests on the balance of probabilities and legal action must normally take place no later than 3 years from discovery of harm. If the harm (as in MM's case) is discovered later in life the clock starts ticking then. All indications are that incidence of mesothelioma hasn't yet peaked and the volume of cases is likely to expand exponentially.

Andy,

The Data Protection Act does require a declaration on any data transferred outside the European Union. Go to their website on information to be retained and how? http://www.ico.gov.uk/

Under the HASAWA 1974 employers have duty of care. If employees are exposed to occupational health risks you must retained records. Under these regulations you can be expected to retain record for up to 40 years.

I think recent death of Malcolm McLaren would explain why you need to retain records (don't forget tolkeep a list of your insurers as well). All I can say is did MM expose any staff to the same risks? Only time will tell, but I supsect it is a large claim waiting to come to light.

Gents,

many thanks for all the replies so far.

Martin, what are the DPA regs you indicate in your post?

If we were to advance the question and say the company was on an international scale for the sake of argument, the issue of document retention becomes more significant due to the scale and potentialy physical amount of files et al and saying that you should keep all files becomes problamatic (although I appreciate large scale electronic storage is becoming far more achieveable for all).

Barry and Martin, from what you have implied regarding litigation and insurnace claims are you referring to Tort Law? It is my understanding that litigation has a 6 year time limit under Tort? If 6 years go by there is then a bar on litigation under negligence under tort then surely there is no further reason to keep files.

I appreciate that it would be best practiced to keep everything but i am trying to narrow down "due dilligence" and "reasonable" under specific law regarding the reasons why we would need to keep files/RA's after a specific time period.

As you have also pointed out RA's are live documents and one carried out e.g. 5 years ago would surely have far less (if very little) bearings on legal procedings?

If it involves occupational health and safety, you may find you need to keep them for up to 40 years. You only have to look a past cases of asbestosis claims or for mesothelioma. But there are other occupational conditions that may not be diagnosed for many years, that come back to haunt the employer.

Failure to have a robust documented system really is inept conduct at its worst. You have to consider what is a companies most valuable asset after its workforce. I would consider management information (in all its forms) to be a key tool (if used properly), without it you are working blindly, which is something I have experienced so many times now.

Even in my present role, I am finding information that could've been used to resolve similar occurrences in work practice to resolve and develop a better working regime.
But because it has never been manage by the person responsible, everything is in disarray. When it comes to retaining RA's - KEEP THEM and CONTROL THEM. Heed good advice, because I can guarantee you'll regret not doing it one day, as my manager has found out on a number of occasions.

Follow DPA regulations for record keeping, it will keep you compliant withthe law and will mitigate any potential claims, especially in this climate of claims culture.

Hello

If it is an RA for a particular job at least 5 years this aligns with the time limit for insurance claims.

Barry

It would be advisable to retain all RA's but archive the ones that are no longer current. You need robust document control and file management.
If you end up in any litigation this documentation will be called for and you must present it when asked.
Remember RA's have a shelf life and any change to working practice, use of tools or equipment, personal protective equipment, environmental changes or personal health issues all have to be considered when carrying out any kind of risk assessment.
Don't throw away an expired RA just because it is out-of-date. You may need it as evidence to mitigate a potential claim.

I'm not sure of a legal length of time, but when ever I amend the RA's here I keep a soft copy of the old ones and code them with a revision number. Hope this helps

Can anyone advise on how long business records need to be kept e.g. carrying out a risk assessment; how long is required by law to keep the assessment by the company or is it best practice only? I am aware of the length of time records need to be kept regarding accounts and information on employees and only require clarification on records as in the example. If it is law what legislation or statute refers to it. What are the possible outcomes if a company did not keep the records for the specified length of time. Many thanks in advance