Home Forums Community Ontario: As a third party trainer that keeps records of training, once an employee has left a company and joins another, are we able to provide that person with a record of their training even though it was paid for by the previous employer? Do they have a right to the record of their training?

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  • vickyp
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    vickyp
    Keymaster
    Post count: 3644

    Ontario: As a third party trainer that keeps records of training, once an employee has left a company and joins another, are we able to provide that person with a record of their training even though it was paid for by the previous employer’ Do they have a right to the record of their training?

    vickyp
    Keymaster
    Post count: 3644

    Not that I’m aware of. Employees do have right to access personal information protected by privacy laws that are kept by their employer but I don’t think that extends to training records kept by a third party trainer–particularly since training records aren’t privacy protected unless they happen to contain personal health information about the trainee, e.g., information about their physical or mental disabilities that was factored into the training.
    I also don’t know of any statutes or regulations that would bar you from giving trainees their own training records when they leave the client company (as long as those records don’t include protected health information about co-workers or other third parties, in which case consent would be required). But there could be a legal problem if providing the information violates the terms of your contract with the client/ex-employer. That’s something you’ll need to check by looking at the contract.
    Final caveat: There may be additional rules in play if the training you provided was Vertical Falls, Certified JHSC member or other forms of OHS Awareness training required by the Regs. If that IS the case, let me know and I’ll give you a follow-up answer. Hope that helps. Glenn

    vickyp
    Keymaster
    Post count: 3644

    I don’t see why not, as long as:
    A. The record doesn’t include protected health information about a third party, in which case you’d need that party’s consent; and
    B. The transfer doesn’t violate the terms of your vendor agreement with the first employer.

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