Chris
Apprentice
Posts:14
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| 19-03-2008 12:52 PM |
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I need some urgent advice please. I am over the Health & Safety for the Company, I introduced Health Surveillance last October for employees that may be at risk. The problem i have is that one employee refuses to attend, he also also refused to take part in any "Tool Box" talks and Risk Assessment breifings, as he feels its a load of rubbish. He has told the MD that if he is made to take part in any of these issue he will walk! ( fine by me). But the bigger problem is that the MD will not let him walk as he dosnt want to lose his best mechanic and he is also an old friend. I have made the MD and the Employee aware of their duty in relation to regualtions and law. As of last night I was told that until further notice the employee in question was not to be asked to participate in any activity regarding Health & Safety etc.
As the Health and Safety Manager what do I do ? where do I stand legally if something happens to the employee? Can I get the MD to sign a disclaimer that takes the responsibility from my shoulders ?
I know what the right thing to do is, but it isnt going to happen. I want my back covering?
Help and suggestions please asap as i have a meeting this tomorrow with the MD
Many thanks
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Roy
Newbie
Posts:6
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| 19-03-2008 1:07 PM |
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Hi
If you have polices regarding attending TBT, RA and MS training and
Health Surveillance which the guy isn't following then normally they
would be sacked. You should make sure you have all your records (don't
rely on your in house filing to much) to show you have told the MD and
the employee and yes if you can get something from the MD to say he is
aware of the company procedures (these will probably include some from
HR so the HR manager should know what's happening) and reasons for them
and isn't going to follow them.
Best of luck with it.
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Hugh
Newbie
Posts:8
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| 20-03-2008 2:37 PM |
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Chris,
Sounds like this has escalated somewhat, have you approached the employee with a view to having a constructive discussion, without being touchy feely ask him what his reservations are then consider how you can accommodate him, if his requirements are unreasonable then you need to consider the disciplinary route. From what you have posted this may be a futile gesture buy as other people have pointed out, keep records of your actions also if the employee is being unreasonable what is the reaction from his colleagues who have to work with him, will they tolerate working with someone who could endanger them?
Hugh
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Fergal
Posts:9
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| 24-03-2008 10:22 AM |
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Chris, first of all you need to ensure that you keep an accurate
record of all the discussions and decisions around this particular
issue.
The MD appears to be a little unreasonable in his approach and by
sanctioning or endorsing this course of action, he is putting himself
and the employee concerned at risk. Does the MD realise he has direct
culpability if something happens to the employee, this is not a good
situation as he is also undermining your authority as well by doing
this. You could also advise him about the new Corporate Safety
Legislation due in 3 weeks? And what this could mean personally.
He is also potentially voiding his EL insurance which in the longer run
could be more costly for the organisation.
Whatever happens you need to stress that you are prepared to work with
him but he has to back you up on this or your position will be
untenable, not easy I know but he needs to see sense. Suggest it would
be good if he could find some time to attend briefings and tool box
talks, peer pressure can be a useful tool as well.
Best of luck
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Di
Apprentice
Posts:10
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| 26-03-2008 10:14 AM |
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You and the MD have a responsibility for the health and safety of employees (and others), in so far as it is reasonably practicable.
The employee has a duty to himself and any others who could be effected by his acts or ommissions. He also has a duty to co-operate with his employer in so far as it is reasoanbly practicable to ensure that they comply with their duties.
I would use the latter point to advise the employee that they should attend training. I assume the company has a disciplinary procedure in place. I would threaten the employee with a disciplinary for breaching their duty to co-operate.
However, the employee may have a point about the training being a load of rubbish. Do you evaluate the training to determine its effectiveness? Could the training be provided via a different method eg. make it more interactive, encourage participation etc... Is the training provided to frequently?
Paul.
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Jonesy
Newbie
Posts:6
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| 27-03-2008 12:44 PM |
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First of all you could phone you local HSE office and speak to the
duty Inspector - I have always found them very helpful. You do not
need to give the name of your firm.
Secondly, you could write a formal letter (very diplomatic - more in
sorrow than in anger!) to the MD with a copy to the employee,
pointing out that he (the MD) has a statutory duty to comply with the
law. Remind him that a conviction under Health & Safety Legislation
usually results in a criminal record with all that this entails.
Remind him also of the Corporate Manslaughter law due to come into
force next month. Remind the employee that he also has a statutory
duty to cooperate and he also could also be prosecuted. It does not
need an accident to trigger legal action by the HSE - ignoring a
statutory duty can be sufficient although the HSE will always try to
obtain compliance with Regulations before resorting the Court action.
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RichardL
Newbie
Posts:8
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| 03-04-2008 8:31 AM |
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Hi Chris,
I have been in this situation on a number of occasions with employees
who have worked at the company for 20 years or more and you cannot tell
them anything. We as Health and Safety managers cannot take
disciplinary action but will have to refer violations to senior
management or directors for them to take action. I always make sure I
send my report with letter (company letter head) and e-mail so that I
have written evidence should there be an accident concerning the
employee, I would also go talk to the employee and advise him that the
training/tool box talk was for his own personal health and safety but
other employees who may work with him. If he/she still refuses to
attend I would ask them to sign a declaration stating they were
unwilling to attend the course or training session. Believe you me I
have not had on person who has signed the declaration but have attended
the training and had positive feed back from them regarding the training
provided the training content relates to their day to day health and
safety.
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Hugh
Newbie
Posts:8
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| 04-04-2008 8:45 AM |
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Not sure if anyone's suggested it in the email thread, but I've found that
safety non-believers are best included in some way. Could you not approach
your MD and ask that this chap is given a "safety project" - or even ask the
guy himself............
You usually find people become more committed once they've been:-
1. Prosecuted
2. Had some other interaction with HSE
3. Been involved in a very serious accident!
4. Learnt a bit more by being involved
Don't forget, or worry, you've already covered yourself by writing this
thread (at least in my view) and your MD is a cast iron certainty for a
breach of Section 37 of HASAWA in my view........you may wish to send him a link to this page.
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