Requests relating to civil procedure rules
Requests relating to specific workplace health and safety incidents (eg fatalities, injuries and ill health) will in the first instance be considered under the FOIA. This will give us the opportunity to determine;
- Whether HSE is the enforcing authority for the incident in question
- Whether HSE has investigated the incident
- What information (if any) HSE is likely to hold about the incident
If HSE does not hold information
Where HSE hold little or no information regarding the incident, we will respond to the Requester informing them of this outcome within the statutory deadline.
If HSE does hold relevant information
Where there are relevant records held by HSE in relation to the incident, HSE will typically consider the application of FOIA exemptions. Depending on the circumstances of the case, this will include (but not limited to) Section 30 (investigations and proceedings), Section 31 (law enforcement), Section 40 (personal information) and Section 41 (information provided in confidence). This may result in HSE withholding some, or all, of the information being sought.
The use of Civil Procedure Rules (CPR)
In such circumstances, HSE's response will direct the Requester to guidance on how to gain access to the information they require using the Civil Procedure Rules (CPR) as an alternative disclosure gateway to the FOIA. This facility is currently only available in England and Wales.