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Hi Nicola,
I am currently working on reviewing my Council's retention schedule, and have done a lot of work with our HR department. We have had a number of the same type of conversations as have been highlighted in this thread - especially about employer liability to defend claims by ex-employees.

Fundamentally, we have decided to  keep Occupational Health outcome reports (for pre-employment health checks, surveillance/screening, fitness for work medicals etc.) as part of the main employee file; but the length of time that will be kept from employee leaving date depends on the type of role they have had - in this respect we do bring into play the considerations relating to COSHH regulations as per Neil's reply, ie.

- 6 years standard (Limitations Act 1980 s.5)
- 10 years if employee has worked with vulnerable adults
- 25 years if employee has worked with vulnerable children
- 40 years if employee has worked with asbestos
- 50 years if employee has worked with Ionising radiation

We do distinguish though between the OH outcome reports sent through to the organisation, and OH medical records - in our case these are kept by our OH provider who is the Data Controller for them.

Also we have agreed to only keep Occupational Health Medical outcomes  obtained as part of the absence management process until the closure of the absence management process.

Hope this helps.

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