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#1 Posted : 16 June 2006 13:48:00(UTC)
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Posted By JAI Advice Please We have a worker who keeps having accidents and i don't know what to do anymore He has under gone recognised health and safety training, department inductions, tool box talks participated in developing the risk assessments But just shows a blatant disregard for his own safety Help please
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#2 Posted : 16 June 2006 13:58:00(UTC)
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Posted By LParkinson S7 of HSWA places a duty on employees to look afiter their own welfare and that of others. If, by disregarding his own H&S he is in breech of company rules or standards, then the appropriate discaplinary procedure should be intigated, as it would with other non-conformances to company stanards. The H&S policy probably has something to say regarding this, and the employee should have been made aware of this at induction, H&S training etc. If, however, the employee is not wilfully breeching H&S standards, but simply unfortunate in being accident prone, then it is more difficult. "7. It shall be the duty of every employee while at work (a) to take reasonable care for the health and safety of of employees himself and of other persons who may be affected by his acts or omissions at work ; and (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with. 8. No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provided pursuant provisions."
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#3 Posted : 16 June 2006 14:05:00(UTC)
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Posted By JAI This is the problem the operator is not willfully breeching H&S standards, but simply unfortunate in being accident prone, this is causing the problem he just seems to have a lack of understanding the hazards no matter how much we train him Do I remove him from the operation, if so where to hazards are everywhere Does anyone no the legal status under health and safety law or employment law?
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#4 Posted : 16 June 2006 14:05:00(UTC)
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Posted By Patrick Burns CMIOSH - SpDipEM - MIQA If you have done everything that is reasonably practicable then surely the next step is to take this down the disciplinary action procedure particularly if you say there is "blatant" disregard for safety. This might reveal during investigation other causes such as learning difficulties, disability etc. If this is the case then you would need to use a different approach such as the DDA. If the last above is not relevant I would have thought that there would be reference to compliance with safety rules etc within the person's terms and conditions of contract of employment. As a minimum you should look to ensure that in going down this route you comply with the statutory disciplinary procedure, if you use your own then check that it complies with it before you start the process. You don't say whether or not you have Trade Union Safety Reps in your organisation, if so it might be worthwhile discussing the issue with them as they might be able to assist in determining the individuals root cause.
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#5 Posted : 16 June 2006 14:36:00(UTC)
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Posted By TBC If this employee is continually have 'accidents' then I don't think you will have any choice than to assess him closely, find alternative employment where he can't harm himself or others - failing that he will have to be dismissed for his safety as well as those around. You know his problem so you must act to protect all concerned. Some people are just made that way.
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#6 Posted : 16 June 2006 14:41:00(UTC)
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Posted By Zayed N. we have these rule in our company which says after all the job can be replaced but your life and wellbeing cant...!
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#7 Posted : 16 June 2006 14:54:00(UTC)
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Posted By Glyn Atkinson I can really sympathise with how JAI is feeling as we had a "good lad" who would work every hour God sent to earn money until he hurt himself the next time, and the next time, and the next..... A true story about him.... he shot himself in the hand whilst using a staple gun - went for treatment to have it taken out by the occupational health nurse - luckily only a scratch wound. He wanted to go back to work and we had no real reason to stop him as he had only really suffered a flesh wound that was now under wraps. Lo and behold,... twenty minutes later he is carried into the first aid room with a 55mm long staple in his ankle.... 35mm of which was buried. When asked how he did it, he said that the wooden frame that he was stapling kept moving, so he put his leg up in front of the gun to staedy the frame while he fastened it up ????? Honestly, you couldn't make it up, and when we went into his injury record past on the database, he had suffered 15 nail or staple puncture wounds in 18 months, and no one had picked this up as an injury trend ?? Thankfully , he no longer works for us... but the memory lingers on !!
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#8 Posted : 16 June 2006 15:17:00(UTC)
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Posted By TBC Bet he has a job getting through the metal detectors at airports.
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#9 Posted : 16 June 2006 15:22:00(UTC)
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Posted By Alison WR ... overarching duty to ensure people are either competent or effectively supervised ... If he lacks the personal factors necessary to be safe, perhaps, time to protect him out of work - and to protect his colleagues. are you sure he isn't very stressed
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#10 Posted : 16 June 2006 15:54:00(UTC)
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Posted By John Webster ...........or perhaps has some form of learning difficulty which has remained undiagnosed. I know it is a feature of some disorders for the person to have little or no concept of risk and personal safety, but to otherwise behave quite "normally". Unfortunately, that is little help, for unless you actually know of a problem, it is impossible to employ alternative learning strategies. The sad thing is that, without a recognition of the problem and appropriate support, such a person can easily be condemned to a life of unemployment and benefit dependency.
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#11 Posted : 16 June 2006 16:03:00(UTC)
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Posted By JAI No one will condemned to a life of unemployment whilst I am the health and safety officer here Gone are the days of blaming the individual for all the accidents at this company My main concern is what the company can do to protect him, (wrap him in bubble wrap)
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#12 Posted : 16 June 2006 16:11:00(UTC)
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Posted By Bill Elliott JAI - picking up on what others have intimated, has the possibility of dyspraxia, dyslexia been ruled out. You also don't mention age - does that have a bearing - but even if you have ruled out all these things, I have to admit that some people are just accident prone and one can only do ones utmost to protect them, often from themselves. Good luck.
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#13 Posted : 16 June 2006 16:28:00(UTC)
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Posted By JAI the guy has been with us 8 years and is 56 years old having 8 accidents 2 major 6 minor No tests under the DDA carried out but will look into it Jai
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#14 Posted : 16 June 2006 19:41:00(UTC)
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Posted By Rob Yuill I had a similar situation a few years ago. One of our employees had two accidents close together that were both potentially life threatening. I met with him on a one-to-one basis to try to identify, using human factors, why he kept having these accidents. I ended by saying in no uncertain terms, that the next time I investigated an accident involving him I would probably be talking to his widow! OK so it was "fairly" brutal, but it worked when nothing else seemed to. In the next two years until I left - ZERO accidents. Rob
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#15 Posted : 19 June 2006 12:49:00(UTC)
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Posted By Patrick Burns CMIOSH - SpDipEM - MIQA Hi Jai. Noted your comments re protection of employee. With regards to my previous comment, I would suggest that if you can do no more and cannot re-employ in a position that will prevent recurrence then dismissal would need to be seriously considered. If not the company, insurer and yourself as an individual could find yourselves having serious liability issues if the 2 Majors became a fatality. Whilst I believe in your commitment to the well being and continued employment of the individual if he/she is the "hazard" then elimination has to be considered. My comments are obviously based on the limited information provided and I am sure if you knew of anything else you could reasonably do to eliminte the risk of injury you would have done it before making this post.
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#16 Posted : 22 June 2006 16:04:00(UTC)
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Posted By Dave Faragher Dear JAI what you may do is get this person in a quiet place and find out just what is going on it may be one of several problems. hope this helps Faragher
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