Health and Safety Executive

The complainant has requested summary information from all RIDDOR reports made in Scotland in the last two financial years. The Health and Safety Executive refused the request as it estimated that the cost of compliance would exceed the appropriate limit. The Commissioner’s decision is that HSE’s estimate of the cost of complying with the request is not reasonable as it includes impermissible activities. HSE is therefore not entitled to rely on section 12 of the FOIA to refuse the request. The Commissioner requires HSE to take the following steps to ensure compliance with the legislation: issue a fresh response, to the request, which does not rely on section 12 of the FOIA.