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#1 Posted : 05 November 2004 16:02:00(UTC)
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Posted By Katie Hoyland
Please help - this one has just come to light and I need to address it at mondays board meeting.

One of our shop floor workers refuses to remove their baseball cap at work. We feel it is unprofessional and may be H&S issue anyway. They have persistently quoted human rights and race legislation every time they are requested to remove it and we obviously do not want any adverse PR from the issue.

Is there any way, using a legislative approach, that I can acheive the removal of the cap?

I am desperate.
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#2 Posted : 05 November 2004 16:13:00(UTC)
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Posted By Elvis
To my knowledge a baseball cap has no specific importance to any race or religion. If the company has procedures in place that specify acceptable uniform or dress to be worn in work, and a baseball cap is not part of this then the company is within their rights to ask the individual to remove it during working hours.

Apologies but I am not able to back this up with specific legislation.
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#3 Posted : 05 November 2004 16:13:00(UTC)
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Posted By James Byatt
Katie,

if he's quoting human rights and race legislation (and not H&S), I'd lob this one at HR and let them deal.

Unless of course, you want him to remove it for safety reasons?

I'd love to hear his reasoning behind accusing the company of being racist for telling to remove a baseball cap....unless its got the Washington Redskins on it...?

James
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#4 Posted : 05 November 2004 16:20:00(UTC)
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Posted By steve e ashton
Katie,

are you trying to wind up Lorna using information from the bugbears and pet hates thread?

Steve
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#5 Posted : 05 November 2004 16:21:00(UTC)
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Posted By Dave Skipsey
Hi Katie

Do you have any local procedures in the area in which the employee works i.e. wearing of head protection is manditory. Refusal to wear PPE could be a diciplinary issue (oh no I feel like marksmark).

You may also feel that The employee is not complying to Section 7 Health and Safety at Work Act in not co-operating with employer although you wil need to demonstrate that this is a health and safety issue and not based on appearance.

Regards

Dave

Regards

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#6 Posted : 05 November 2004 16:42:00(UTC)
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Posted By Kieran J Duignan
What appears v. odd to me is that a H & S professional is apparently expected to address the issue.

Although I don't go along with the convention of the 'boundary' between H R and OSH, I see 'clothing' (other than PPE) as a matter of performance managment, and in that sense 'professional'.

The broader issues don't really extend to 'human rights' but rather to performance responsibilities of the individual, and to associated coaching and feedback he/she is entitled to from team manager and colleagues. If there is a 'profesional' question, the performance issues should be consultatively worked through with the employee as part of a team, so that he/she is genuinely allowed to make a case. The responsible line of authority beyond the individual cap-wearer is his/her team leader, line manager and operational director, who in association with the HR function (however it is designed) can enforce performance standards in accordance with the employmnet contract, under the Employment Rights Act 1996, the 2002 Employment Act and the Discipline Procedures that have just come into force.

But the prefered line of action is team consultation and performance coaching before going down the disciplinary path; approached from the standpoint of really understanding the individual's motivation in his/her terms often permits trade-offs and relieve tensions.
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#7 Posted : 05 November 2004 17:53:00(UTC)
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Posted By Karen Todd
Perhaps there is a reason why they don't want to remove their cap, e.g. baldness, birthmark, scarring, alopecia, tattoo, etc.

Karen
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#8 Posted : 05 November 2004 18:36:00(UTC)
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Posted By Merv Newman
Actually, theere is a company that sells baseball caps with plastic liners as "bump caps" - light head protection usefull for working under or around machinery.
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#9 Posted : 06 November 2004 19:20:00(UTC)
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Posted By John C
You wish to discuss a baseball cap being worn, at a board meeting? Is this a serious question or am I missing something?

John
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#10 Posted : 07 November 2004 09:22:00(UTC)
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Posted By Hilary Charlton
I should be interested to know how this falls into health and safety. I mean if he is wearing it instead of scba or ear defenders or bump cap then fair enough. If he is wearing it and it simply offends then this is not an H&S issue and should be bounced to HR.

I can't see the point in alienating staff for the sake of a baseball cap - he may have an issue as a previous thread said in which case asking him why he won't remove it may be a good idea. Alternatively, perhaps you can purchase a baseball cap for him in a colour that suits the dress code? It's going to become a battle of wills - try to find a way round the issue rather than facing it head on.

Hilary
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#11 Posted : 07 November 2004 10:04:00(UTC)
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Posted By James M
Its good to see that issues like this are at the forefront of health and safety. Obviously the work place is that safe that you are now dealing with the minor issues.

Have you carried out a risk assessment on wearing baseball caps at work?

Didn't think so, therefore if some one wants to tell this poor lad to take his cap off, let them tell him for the correct reason.
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#12 Posted : 07 November 2004 17:48:00(UTC)
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Posted By Liam Mc Conalogue
Is there a need for head protection to be worn?
Is the baseball cap interfering with this operative carrying out his work duties safely?
Is it stated in your policies and procedures that the company does not permit the wearing of such items?
Or does the work risk assessment prohibit the wearing of such items?

- if so you may have a case regarding H&S.

If not tred very carefully with regards to stating that it is due to a H&S reason that he has to remove this baseball cap.
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#13 Posted : 08 November 2004 09:36:00(UTC)
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Posted By Peter Longworth
I go along with James M on this one. If you want him to remove his cap tell him the real reason why. Don't try to hide behind what sounds like a spurious health and safety reason, be honest with him. You never know it might get the result you are looking for.
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#14 Posted : 08 November 2004 10:36:00(UTC)
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Posted By Katie Hoyland
I have listened to all your coments and have had some success, however the subordinate concerned now claims he wears the baseball cap to reduce glare from strip lighting. The cap he is wearing this morning has the words ' shoot all honkys' on the back of it, as he is white and hence officially a 'honky' himself, where can i go with this one? The board meeting is in 2 hours and i need the cap off.I'm even more desperate.
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#15 Posted : 08 November 2004 10:53:00(UTC)
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Posted By Liam Mc Conalogue
Katie,

You have him here on racism- now this should definitely not be tolerated (basic stuff stuff- where have I heard this before Katie???) - check your policies and procedures.
As most Companies do not tolerate racism of any form- you may(depending on your policy)have the right to dimiss this operative.
Incorporate your risk assessment for lighting- and highlight your controls for glare- I wouldn't say it recommends the wearing of a baseball cap.

Hope This Helps
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#16 Posted : 08 November 2004 11:13:00(UTC)
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Posted By Kieran J Duignan
Katie

The more 'desperate' a professional feels, the more carefully he/she thinks before he/she acts.

Unless you are the line manager of the employee, it's difficult to understand just why you are so worked up unless you are being inappropriately leaned on.

In any case, check that any action or formal communication you get involved in is in compliance with standard company disciplinary procedures. Also remember that effective disciplinary action is done with full attention to the normal quality of an employee's work, both in terms of standard and volume; so far, you haven't said anything about these.

Remind yourself and others involved how you need to be able to look back at today's events tomorrow without feeling you've fallen into a time-wasting trap.

In what ways can you use some humour to defuse the situation today? And deal with it more calmly later?
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#17 Posted : 09 November 2004 17:34:00(UTC)
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Posted By John C
"honky" is that racist? If so, who says so?
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#18 Posted : 09 November 2004 17:46:00(UTC)
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Posted By Wayne Midgley
Katie, What happened at the meeting, I'm intrigued now. I really cannot believe anyone is looking to dismiss a staff member purely for wearing a baseball cap at work. Are there any underlying reasons or is that it. I don't think I'm ever coming back to the UK to work, it's all gone mad.
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#19 Posted : 09 November 2004 18:20:00(UTC)
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Posted By neil prosser
the wearing of a cap has nothing to do with health&safety , unless it interferes with other ppe.

If it is company policy then you would have to prove this and show him in black & white.

Surely you have got more important issues to deal with
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#20 Posted : 09 November 2004 18:39:00(UTC)
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Posted By Linda Crossland-Clarke
Give him a bright pink hat with flowers and bells on, or "Kick me" written across it. He'll soon stop wearing it!
Sorry. I guess you've dealt with the problem by now.
Linda.
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#21 Posted : 09 November 2004 23:09:00(UTC)
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Posted By Jason Touraine
Katie, do you also post as MarkSMark?
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#22 Posted : 10 November 2004 08:04:00(UTC)
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Posted By Peter Longworth
I know I replied to this thread earlier. Big mistake. This is definitely a wind up.
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#23 Posted : 10 November 2004 09:37:00(UTC)
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Posted By Nick Egan
Katie,
You have let yourself and the profession down.

I think the use of the term "SUBORDINATE" (your second posting) belongs in the last century. The OED definition - "of inferior importance or rank; secondry, subservient"

If the use of this term is company wide I think you have a problem of Institutionalised Superiority Complex. Whats wrong with using worker, or employee as a non-derogatory term?
Nick
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#24 Posted : 10 November 2004 10:18:00(UTC)
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Posted By Katie Hoyland
Hi guys, thanks for all your responses. The subordiante in question still persists in wearing the cap, and the matter is now compounded by him wearing fingerless gloves which he claims are essential . Hes a bad apple in good cart of manual workers. However we had a near fatal RIDDOR reportable incident in the business on monday afternonn which rather focused the mind away from the cap.

At mondays board meeting it was decided that one possible route to cap removal would be for all senior management to wear caps and hence de-fashionise the item. This is being considered at the next corporate policy review meeting.

I will keep you informed of the results

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#25 Posted : 10 November 2004 12:53:00(UTC)
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Posted By John Webster
Come on folks. Its pretty clear by now that Katie is a Troll although she may claim not to know what one is. Just look at her record.

She manages to get "subordinates" to play home made H&S board games in their breaks, favours dismissal of the disabled, persuades the boss onto a H&S course to be in the same hotel room, and is not averse to getting very friendly with NEBOSH tutors and HSE inspectors (behind walls of boxes). Her pole dancing friend gets unfortunate ailments - presumably the futchenz bacterium, and she is obsessed with hazardous clothing, be it laminated ties, plumbers socks or racist baseball caps. Perhaps that has something to do with the haberdashery shop she is supposed to be responsible for. She has little regard for the Irish - nor it would seem for the victims of the Hillsborough disaster.

We should leave her to rot on her grimy kitchen floor with the likes of MarkSMark and Richard Spencer (who seems to have gone very quiet lately).
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#26 Posted : 10 November 2004 12:57:00(UTC)
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Posted By Gareth Bryan
John,

You may have a point. I always look at the e-mail address of persons who start or post troll like items. Have a look at Katie's
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#27 Posted : 10 November 2004 14:03:00(UTC)
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Posted By Fran Holt
john,
you clearly have far too much time on your hands if you can trawl through all Katies posts of late. I can reliably inform you she is a particuarly lovely lady who has a somewhat hard nosed approach to health and safety but does get results and people respect her for that.
I am in fact going to dinner with her soon!
fran
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#28 Posted : 10 November 2004 14:18:00(UTC)
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Posted By Fran Holt
I refer john to zoe's post a while back
'tweed-jacket-clipboard-I-wear-my-hard-hat-in-bed brigade spoiling the fun'
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#29 Posted : 10 November 2004 14:42:00(UTC)
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Posted By steviezenga
Fran

Are you the friendly tutor?
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#30 Posted : 10 November 2004 15:58:00(UTC)
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Posted By John Webster
Fran

oo! who's losing their sense of humour now?

Like you, I enjoy the humorous threads and participate in them. I am not alone in having posted a humorous response to a serious question. It helps keep things in proportion, and in no way detracts from the important role this forum plays in sharing problems, ideas and solutions and in generally expanding the knowledge of everyone - participants and lurkers alike. The humour adds to a sense of community, particularly for those who hardly ever get to meet a fellow H&S practitioner face to face.

But we are seeing the emergence of people posting spoof serious questions with the intent of mocking anyone who is "daft" enough to post a serious reply. There is a danger that strange and unusual, but real problems will be treated as the ravings of a Troll, and that somebody will be given incorrect or even dangerous advice which is taken seriously. It may also inhibit people from asking questions, or from replying to postings for fear of being caught out and held up to ridicule.

Further, there has been a tendency for troll postings to provoke by making racist, offensive or discriminatory remarks. These might work as satire in an obviously satirical thread, but not when the intent of the author is unclear. Remember, too, that the forum is read worldwide, by people who are desperately searching for H&S knowledge, but who do not have English as a first language. I hate to think what they would make of some of the dross which has appeared lately.

So lets keep the humour running, but put an end to Trolling.

By the way, the search facility very quickly does the trawling, I have not worn a tweed jacket since Harold Wilson was PM, I have no idea where my clip-board is, and as for what I wear in bed? Thats between me and the missus!

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#31 Posted : 10 November 2004 16:25:00(UTC)
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Posted By Liam Mc Conalogue
Guys are we not taking a bit of a detour away from the thread here and really is this thread got anything to do with H&S???
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#32 Posted : 10 November 2004 16:27:00(UTC)
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Posted By Fran Holt
it does take a certain calibre of person to absorb the humour. dont you think?
I look forward to your next essay
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#33 Posted : 10 November 2004 16:27:00(UTC)
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Posted By Fran Holt
absolutly. i can blame it on my hormones!
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#34 Posted : 10 November 2004 17:03:00(UTC)
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Posted By steviezenga
Fran

Are you the friendly tutor?
Are you the rewarded student?
Are you both?

It's just a question, just answer the question.
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#35 Posted : 10 November 2004 18:14:00(UTC)
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Posted By Giles Davis
Hi All,

Not sure if anyone has pointed this out yet but if you 'hover' over Katie Hoylands name on 'her' posts the email address reads 'richardhall@wellington markets.co.uk'.

This therefore must answer everyone's question as to whether he or she is a troll.

cheers

Giles
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#36 Posted : 10 November 2004 18:33:00(UTC)
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Posted By Mike Charleston
Giles

Be careful - the obvious is not always what it seems, especially when it comes to computers - and even more so, chat sites!

Mike
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#37 Posted : 10 November 2004 18:56:00(UTC)
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Posted By Giles Davis
Mike,

My point exactly, if you are an H&S advisor / professional with a company that asks you to attend board meetings then surely you must have your own email address and not have to use a colleage's, brother's, boyfriend's, husband's etc.

Besides if you check out the Wellington Markets website, employees wearing baseball caps with 'Kill every Honky' doesn't excatly jump out at you (ok, yes I know Human Factors - Perception, Prejudice etc.)

regards

Giles
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#38 Posted : 10 November 2004 23:13:00(UTC)
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Posted By Raymond Rapp
This is a 'wind up' without a doubt!

Probably by some sad person who thinks health and safety is managed by a bunch of nanny pontificating freaks. I can't believe I am wasting my time with this sort of c..p.

Ray
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#39 Posted : 11 November 2004 11:16:00(UTC)
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Posted By Bill Fisher
The Moderating Team have read through the contents of this Thread in full and we are glad that those posting have "sussed it out" - it's good to see it reasoned through but we are sure everyone has had enough. This is supported by a number of complaints we have received.

As this Thread has now lost its' way and has moved off the original theme we have decided to "Lock it".There's nothing to be gained by leaving it open.

Bill Fisher
(Moderator)
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