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Subject: Refusing to Fulfil A Request Because of Safety

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Fergal

Posts:9

19-03-2008 1:02 PM
Hello I am a supervisor for a store in Lincoln. On Wednesdays, it is our stock delivery day. The normal procedure is, around 9am the lorry pulls up outside our store, the driver wheels our stock through the shop to the stockroom entrance where myself and another member of staff, take the boxes into the stockroom. We also assist with moving our recycling onto the lorry. However on the 13th February 2008, our stock was around 3 hours late. The driver asked me and a colleague to get onto the lorry so we could move another branches stock out of the way. I said I wouldn't get into the lorry as I wasn't comfortable with the idea of moving high stacks of boxes in a confided space without any training. My store manager was then promptly contacted by my RBM (her superior and regional branch manager) requesting that we asked to do the task that the driver has asked us to do. I reiterate my refusal and tell him of my concerns, regarding my lack of knowledge of my insurance of doing such a task, and my concerns for my safety. My RBM informs me of the companies insurance policy about how I am insured for what ever task I do for the company, though my issues with the safety of working on the lorry went unheard.I was told our companies personnal department would be informed and they might take the issue forward. The driver then asks if someone can wheel the stock in, if he moves the stock to the back of the lorry. I agree to this task and our delivery is completed as normal, albeit being late. Today I received a letter regarding disiplinary action being taken against me and my colleague for the 20th Wednesday. I feel this is deeply unfair and uncalled for as my concerns were genuine and I carried out the rest of my duties, I just wasn't prepared to undertake work I wasn't comfortable with. Is there anything I can do, at the the disiplinary hearing or afterwards to stop this action for being sucessful against me?

Hugh

Newbie
Posts:8

20-03-2008 2:43 PM
Hi Fergal I am an usdaw union rep as well as a h/s rep, You can talk to your union rep and explain what happen and they should take it up with your manager on the grounds that you was not trained to be on the back of a lorry! plus the fact that you are to suppose to wear P.P.E. ( personal protective clothing) while unloading a lorry i.e. (steel toecap boots and hivis jacket) If you have a good rep they should know this and give your manager hell for expecting you to unload the lorry. Hope this helps Hugh

Fergal

Posts:9

24-03-2008 10:28 AM
Thanks Hugh, that has been a great help. I was hoping to talk to someone about the health and safety requirements of unloading a lorry. The info you have given me, was exactly what I was hoping for. Thanks again.

Chris

Apprentice
Posts:14

26-03-2008 10:25 AM
Fergal As well as having to wear PPE there should be a risk assesment done if they expect you to climb on the back of a lorrie.

Fergal

Posts:9

27-03-2008 12:48 PM
Thanks, I wasn't aware of that.

Apprentice
Posts:10

27-03-2008 12:51 PM
Hi Fergal. You are absolutely right not to enter a vehicle without suffient knowledge or practice of your own capabilities within that vechicle. Hugh correctly points out the possibility of PPE, if that is written into a risk assessment for unloading vehicles, that PPE must be used; then you have the right to refuse. Also i would assume you are not trained to unload vehicles? I'm not certain how you get onto the lorry, is it a tail lift? (if so you are not trained). Is it a Dock Level system? (again if so you are not trained). This is My asdvice Fergal, Ask to see the risk assessment for unloading a vechicle. Your employer may not have this, because it would normally be the drivers job, so in which case the drivers employer should have the risk assessment. If your union/safety rep or yourself get the risk assessment look for the safety elements of the assessment and see what they say. Especially look for training and PPE. If your company can't supply a risk assessment or say they don't have one, you can simply ask "how can you identify risks without a risk assessment"? A written risk assessment AS to be kept if you have 5 or more employees employed (the management of health and safety at work regulations 1999). So if they claim they don't have one they are breaking the law. Get the risk assessment and look for the risks. Good luck Di

Fergal

Posts:9

03-04-2008 8:36 AM
Thanks Di, my store has a risk assessment for the actual store, though this only covers the Health and Safety of the staff inside the store. It doesn't cover the unloading of stock from a lorry. I am going to ask the safety rep tomorrow about the risk assessment for the lorry driver's, as my company employs the drivers' themselves. I haven't seen anything in regards to the health and safety of unloading a lorry at all. Thanks again for the advice, Fergal.

Apprentice
Posts:10

04-04-2008 8:54 AM
Hi Fergal, I think your case is a "no brainer then"! If what you say is true, and your employer doesn't have a risk assessment for unloading a trailer but only one that covers is workers inside the store. Then how can he say for certain that you would be covered under for unloading a lorry? Your risk assessment covers you for the job you do inside the store, it would therefore not cover you for doing another job outside the store and that is where you would be. that tells me that any special duties you would need to cover would need training and any risk assessing for you. without that you would have the right to refuse. Thanks Di

Fergal

Posts:9

27-06-2008 12:03 PM
Update I spoke to the Heath and Safety Officer at my Head Office. He basically said the 'manual lifting training' we use in store is the same as working inside a lorry. He said personally there wasn't any real problem. I asked about the Risk Assessment and the one we have only covers store operations and only stockroom activities in regards to lifing and moving stock. He said that there is a Risk Assessment for lorry drivers that cover the moving and unloading of stock. It was availible from my head office if I wished to see it. He said it covered the 'manual lifting', 'slips, trips and falls' , 'stock falling', 'getting in and out of the lorry', and that the 'manual lifting' training was enough to do the task I was asked to do. I said that wouldn't have been a problem, if I was aware of these risks and the prevention of them I would have been more inclined to help out where possible. I also asked about 'personal protective equipment', and that it wasn't required of their drivers, I said how was I to know if it was needed or not. I wasn't to know. He is going to speak to my RBM about it. I don't know where it will lead now.

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