Employers often wonder how long they need to retain health and safety related documents, such as:
- employee training records;
- employee course certificates or licenses;
- employee wage and time records; and
- health and safety meeting minutes.
While there are no hard and fast rules about timeframes, it would be prudent to retain all health and safety related documents for a period of at least six years.
It is not so much about the nature of the documents themselves, but what legal liabilities can arise in the future where the employer may need to use those documents. The two key liabilities are around health and safety prosecutions and personal grievances, and a prudent paper trail can be helpful for an employer in avoiding or defending any claims.
Health and safety charges must be laid within six months after the offence comes to the attention of the regulator, WorkSafe NZ, or ought to have become known to WorkSafe NZ. This time period will usually run from six months after the date of the accident. In limited circumstances, this time period can be extended.
Employee training records or course certificates can be relevant in the context of an accident where an employee's training and experience is called into question. Similarly, if there is a question about what practices and procedures employees were instructed to undertake, training records and minutes of health and safety meetings where employees were given a reminder instruction or refresher can be important.
Employee wage and time records can be relevant where there may be an issue with stress or fatigue. Stress and fatigue are hazards which must be monitored and managed by employers. An employer must keep an employee's wage and time records for a period of six years.
Often there is a need to show that certificates or licenses have been kept up to date. For example, if there is a forklift accident and the employee's training history shows that his or her forklift certificate has been regularly renewed, this will demonstrate the employee's experience and assist the employer in showing that training has been kept up to date.
The law does not require that hard-copy documents be kept. Keeping electronic versions is acceptable, but it is best if it can be demonstrated that the electronic document is a true copy and has not been altered – for example, a locked PDF.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
