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Posted By MarkSMark
I'm a bit confused and need some help.
There was a bit of a commotion recently about employee responsibility for reporting in the workplace- I think to do with MHSWR ammendments?
Can we as an employer call in the HSE to enforce this? For instance if I have seen an employee on CCTV witnessing a breach of health safety and then he has not reported it.
How long would I need to wait for it to be classed as 'not reported'?
I would normally take the employee through disciplinary, but this guy is a right pain in the rump. He reported us to the HSE last year- when we did nothing wrong so I would love to call the HSE about him. I've since sorted the situation he witnessed. When he joined two years ago he was told of his legal responsibilities and the need to report.
Therefore the main question is, can I call the HSE about an employee, and what trouble can he get into?
Thanks for your help
Marky
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Posted By Heather Aston
Mark
I honestly don't think the HSE would be very impressed with this. In theory - if the employee was responsible in some way for the breach of H&S, either directly or as a supervisor - he COULD be prosecuted under s 7 or s 37 of HSAWA.
In practice, an HSE inspector is more likely to find the company at fault for allowing it to happen. You say you've seen it on CCTV footage - what have you done about it?
Take the guy through the disciplinary procedure if you think his action warrants it. If he's really that bad then he'll soon step over the line into gross misconduct and you'll have grounds for dismissal.
HSE aren't there to punish your emplyees - that's down to good management on your part....
Heather
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Posted By Tony O'Keefe
Mark, the way we deal with these upstarts and non-conformist's is to give them a good kicking behind closed doors and sack them.
Saying as it is red nose day why don't you have a sponsered kicking of this upstart, and invite the HSE around they come as it is for charity.
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Posted By J Knight
Hi Mark,
Usual Friday windup. The problem wasn't so much to do with HSE prosecution, it was to do with civil liability to third parties for failure to report, so if the guy caused you to break your leg, and you weren't his employer, you could sue him. Don't fret too much though, HSE is currently fixing this one,
John
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Posted By jackw.
Not sure if you are Marky or Malarky.. Sounds like (assuming this isn't another wind up), a playground tit for tat. Your duty is to manage..so go carry it out. leave the HSE to something worth while>>>>
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Posted By Paul Adams
I totally agree with the first sentence of the original post.
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Posted By Joe Holland
Initially ask this person if he was aware of the breach, it may be a failure in your systems, education and training. Prior to warning (dependant on seriousness), re-educate, discipline should be the last resort.
Also point out to this person that his failing could be responsible for injury to others/damage to property and record all that has been done and said,
If you are unionised, try requesting the Unions help.
Calling in the HSE seems more like a motive of revenge.
If this person persists in working unsafely then take the disciplie route or as someone else has stated, give him a good kicking.
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Posted By Tyler
These things should be tackled at source.
If he is seeing unsafe acts and not reporting them you should pluck his eyes out so that he coesn't see any unsafe acts.
Marky?
I look forward to your next posting on April 1st.
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Posted By Mark Eden
All this mention of giving some one a good kicking and no mention of a risk assessment, you can't kick the c*#@ out of some one unless you have a good quality safety shoe on.
Seriously though Marky please tell us when you are going to your first Industrial Tribunal and what their findings are, I would love to see your boss's face when he has to write out the cheque.
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