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Is verbal abuse and intimidation a health and safety issue
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Posted By Peter MacDonald
Hi
For example
If a person is screamed at by another person with their nose almost pressed against their face and projecting saliva on to them. I know it's unnaceptable on many levels but is it an aspect of H&S.
I'm looking at all avenues to put a stop to this individuals behaviour in a proper manner by complaining to his bosses. I want to cover every base.
He's not a fellow employee.
Peter
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Posted By Philby'
Peter,
simple answer is yes....according to HSE
‘any incident in which a person is abused, threatened
or assaulted in circumstances relating to their work’.
From Violence at Work indg69
and these references...
Preventing violence to retail staff HSG133 1995 HSE Books
ISBN 0 7176 0891 3
Prevention of violence to staff in banks and building societies
HSG100 1993 HSE Books ISBN 0 7176 0683 X
Managing and preventing violence to lone workers: Case studies
Health and Safety Laboratory/Report WIS/03/05.
Violence and aggression to staff in health services: Guidance on
assessment and management (Second edition) HSE Books 1997 ISBN 0 7176 1466 2
Work-related violence: Case studies - Managing the risk in smaller
businesses HSG229 HSE Books 2002 ISBN 0 7176 2358 0
Preventing violence to staff, ISBN 0 11 885467 4.
Health risk management: A practical guide for managers in small and
medium-sized enterprises HSG137 HSE Books 1995
ISBN 0 7176 0905 7
Philby'
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Posted By Peter MacDonald
Spot on
thank you.
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Posted By Graham Dayes
It is also likely that it could constitute a criminal assault, if the intimidation was sufficient that the individual was in fear of the likelyhood of physical abuse.
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Posted By Kieran J Duignan
Peter
In relation to your question, 'If a person is screamed at by another person with their nose almost pressed against their face and projecting saliva on to them....,
to some extent the relevant H & S regulations depend on the context and on the expectations of 'another person', whom you have not specified.
If the context is a contact sport (e.g. boxing, wrestling, rugby), it's up to the referee to moderate matters and determine the nature of the offence, if any.
To the extent that 'another person' does not expect or feel at ease with the behaviour you outline, he/she is likely to feel more or less stressed - but the extent of stress needs to be factually established before you decide how to intervene.
Specific regulations to cite include the HSC Management of Health and Safety at Work Regulations 1999, with reference to the HSE Standards on Work-related Stress 2004. It there are gender differences, or differences of religion, race or sexual orientation, or the 'victim' has a physical or psychological impairment, the relevant discrimination laws are also worth citing.
If you don't intervene in any way, you could be cited for condoning, at least tacitly, any of the relevant laws, which a court is very likely to uphold if the matter ever went to a hearing.
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Posted By Peter MacDonald
This is happening at work. On a site. To me.
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Posted By gham
Ahh this happened to me once......... but i took a slighty different approach
I think your on the right track though, at least you won't get charged for your retaliation
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Posted By Philby'
I know exactly what you mean Gham!
I too took that slightly different approach twice in my early working life....wasn't charged though, just sacked!
'sometimes people just get irritable'
Philby'
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Posted By Liam Mc Conalogue
Peter,
Absolutely Disgraceful.
I am not sure what exact position you have on the site.
But if you are working as PC- order this individual off-site for good.
This type of behaviour should not be tolerated even in the smallest way- bullying policy.
If he does this to you imagine what would be done when you are not around to some other individual.
I wish you luck mate.
Liam
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Posted By gham
with regards to my last post it's not big and it's not funny.
I hate seeing people treat other like ..... not nicley. Seriouslt Bullying and harassment in the workplace is rife. It comes in all forms physical and mental both of which are equally damamging to the poor person who falls fould of it.
This is another issue that is culture driven in the workplace and it's hard if impossible to get rid of. I see it often and it has been an issue for a folk that I know, why are people so scared to nip it in the bud.
Peter go kick some ass, and i think i'll start a new thread........
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Posted By Salus
Peter, this is deplorable behaviour, could you get another collegue to record an incident,dictaphone or video, let everyone know what this person is like and report them to the police immediately.
If they start again give them some of their own medicine
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Posted By Alexander Falconer
What happens if the intimidator was the Owner or MD of the company?
Happened to me too, just laughed at him and told him to stick it up his jacksy. Got another, even better position within 2 weeks.
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Posted By Peter MacDonald
I'm not unduly worried about myself as you do come across people like this in life. I know the guy is taking advantage of his position in relation to mine on the contract and believe me it wouldn't be happening outside work. It would be cut short no problem. I half think the guy is trying to provoke a violent reaction anyway.
I don't think it's crossed his mind I'll go above him but I want to be specific in my complaint and precise and nail him proper. Hence the first question.
Thanks for the advice though.
Heh! if it doesn't work through the proper chanels I'll just follow my instinct. You never know, it might be worth it!
Pete
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Posted By Christopher Kelly
It is most certainly an issue under Violence / Abuse and under Stress legislation. It is unacceptable.
Aside from that it is well known from a management point of view that you get more from your employees if you treat them fairly. The balance of stick / carrot needs to be just right to obtain optimum performance. Going over the edge does not work (as recognised by the army).
Regards
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Posted By garyh
Surely this is also an issue for HR / personnel etc.
I suggest you go to their Manager and make a formal complaint
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Posted By Chris. Hudson
Hi, an interesting question! Wilson and Clyde comes to mind, and "safe fellow workers". Maybe the implied terms of all employment contracts might also prove useful eg. bullying etc.
Regards, Chris
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Posted By jackw.
Hi our violence to staff procedures include threats of violence as well as actual asaults. There is no way any employee should have to endure this behaviour. It may be also part of a wider issue of bullying: one of the major causes of stress in the workplace. Bottom line it is an H&S issue although i do believe the major players should be your HR people.
Cheers.
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Posted By Thomas Ripley
Yes it is. But my aproch to this is to take the ofending person in to MY office"the car park" and a quick "left and right to the north and south usually solves" this. I was my Battalions boxing champion for several years, which i forget to inform them untill it's to late.
Big Tam
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Posted By SAF
Interesting approach big Tam! Don't remember that one on the Dip.
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Posted By David MacFarlane
Big Tam,
I think you have a point, unconventional but a good point all the same. I am in H&S management and sometimes I feel you have to forget your position to balance some situations. Its not a disregard for your professional vocation, simply showing that you are not there to be a verbal punchbag!!!!!
I am not saying that this approach is for everyone, but depending on situation and environment-it would be mine.
Its refreshing to hear that there are some fellow Safety Pro's out there with some backbone!!
D.
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Posted By John Doe
Not aware of any 'violence/abude/stress' legislation, Peter.
There should be something in contracts of employment about unacceptable behaviour and how the disciplinary procedures are applied to it.
Just remains for you to make your complaint.
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Posted By Darren J Fraser
If this individual is the client, have a quiet word with them explaining that intimidation will not solve the problem, neither will acting like an overgrown spoilt child, if they have an issue with you, it is more likely to be solved through an intelligent, coherent constructive debate - if that does not work then plan B would be a dark alley type environment.
If a contractor - kick them off site, and ensure that they are never employed again by the contracting company.
It is a H&S issue as mentioned previously, but would also involve the HR departments from both sides.
Daz
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Posted By Michael Mowse
The best way to stop this individual, is to stick one on him....
Mike
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Posted By p winter
Hi Peter - agree with most of what has been posted. Had a similar problem and still to some extent do with one client (I am guessing this is a client).He is a bully and an unpleasant one who abuses his position. Our own management would not tolerate this from an employee including senior managers
Unfortunatly the more important the client to your company the less support there will be for you from your upper management.
I sympathise - but you will come out the other side.
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Is verbal abuse and intimidation a health and safety issue
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