6 years 2 months ago - 6 years 2 months ago#19by edwinharcourt
edwinharcourt created the topic: Transfer of Records
Hello. I'm the rescue side DICO of a combined volunteer fire/rescue service. I was recently appointed to this position, and had no experience or training before the appointment. Now, of course, I've taken the course and have an idea about what I'm doing.
My issue is such: From any outward standpoint looking in, we are one company/entity. However, within, there is a large divide, with the fire side and the rescue side having mostly exclusive members, and only a few members that do both regularly.
In years past, we had a DICO on the rescue side that maintained fire and rescue IC files. This ran along quietly until this year. This year, the fire chief appointed a fire side DICO, and stated that all the fire side files were going to be moved to a cabinet under exclusive control of the fire DICO. I've got a couple of questions about the legal aspects of the transfer.
1. In reference to 29 CFR 1910.1030, paragraphs (h)(1)(iii)(B ) and (h)(3)(iii), does a transfer of records to the fire DICO happen simply upon request of the fire DICO, since we are a single entity by law, or does each person whose files are transferred to the fire DICO have to sign a written consent form?
2. In reference to 29 CFR 1910.1030, paragraph (h)(1)(iv), am I required to keep copies of the files so transferred? Or does the fact that we are a single entity mean I can hand over the entire file for a member, without keeping any of the records?