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#41 Posted : 06 October 2006 10:08:00(UTC)
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Posted By sagalout John, I have to respond to your post. To leave it without a balancing view on this open forum is not acceptable to me. I disagree absolutely with everything you say and I do not recognise the picture you paint. I have worked across a whole spectrum of businesses from the "big and beautiful" to the "wild and wooly" to "back street alley". In divers risk environments from 200 feet below ground to 200 feet above ground and most everywhere in between. Is life perfect? thankfully not. Do some managers abuse their position? probably so. Do employee ignore safety rules for their own purposes? probably so. Are people exploited? yes. Do companies break the law? yes. Are there still too many people injured at work? absolutely. Do people care? not enough of us, enough of the time. Does sending in the safety police change anything? Yes but only in the limited way and last resort manner that all enforcement controls behaviour. Does criticising and chastising everyone involved achieve anything? Seems doubtful based on your experiences.
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#42 Posted : 06 October 2006 10:21:00(UTC)
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Posted By Paul Devlin Might I add my tuppence worth colleagues. On the legalities he has the right to take the company to an employment tribunal and if its found that he was dismissed for whistle blowing on H&S grounds then there is no upper ceiling on any compensation awarded by the tribunal (im almost 100% sure of that), perhaps if more companies knew this they would be a tad more respectful of their appointed H&S people. The person involved rather than being "weak" (strong assumption to be making) is simply unsure of his rights and I would advise him to put a proposal forward to his management team for adequate training which he is legally entitled to as well, if he is in a union then he can get this training free through the TUC (excellent courses) and his employer must give him paid time off for this training. Knowledge is power, people! ps For those of you who have nothing constructive to add why bother????
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#43 Posted : 06 October 2006 10:35:00(UTC)
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Posted By Booney John, "I've seen guys lifted up on pallets before....hell, I've seen guys tie a ROPE to the hydraulic lever and lift THEMSELVES up...then climb down the mast when the job was finished ! I've been walking past a building site when the tower crane was lifting a guy from the road to the canteen..." and what did you, as a h & s 'professional' do about these incidents?
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#44 Posted : 06 October 2006 10:40:00(UTC)
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Posted By ddraigice Quote "they arrive with their own entourage of "publicists"" and HSE only wants the kudos Eh? What do you mean?
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#45 Posted : 06 October 2006 10:41:00(UTC)
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Posted By Ian G Hutchings Roy I have found myself in a similar position in the past. I ensured that I made notes of what happened and the ongoing decisions that were made. I also put things in writing to people as well as producing costed business cases for some of the changes I recommended. In the end I decided that there were other organisations with better management and leadership and I left. As the famous proverb says "if you can't manage safety, you can't manage". The poor safety management, in my experience, is just symptomatic of others things, you're better out of it, but only after you have tried everything possible. There would be an enormous sense of achievement if your friend were to truly affect change.
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#46 Posted : 06 October 2006 12:41:00(UTC)
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Posted By R Joe Despite the 'being weak' view, the guy concerned probably also feels angry with himself - as like a lot of us when we first got into H&S seriously, difficult situations arise that could have been handled differently - and wants help on how to go back to management. My suggestion is to gather his thoughts into a short report that he can take senior management through in a calm, structured and informed way - as after all they are paying him to help improve H&S - using a few simple headings and key references that we collectively as experienced H&S professionals out to be able to give him. The issue and solution is fairly straightforward and not too costly to solve but very costly if similar circumstances arise and someone is killed. My reference is as follows http://www.hse.gov.uk/fa...rch=%22FLT%20platform%22 (assuming that this was an occasional situation) and some suggested headings would be Risks / Legal Aspects (including personal liabilities eg production manager, and potential fines) / HSE guidance / Suggested and costed solution / Company Benefits. Hope this helps in some way. Regards RJ
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#47 Posted : 06 October 2006 14:29:00(UTC)
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Posted By YP Can I just stick up for Alan here There has been a lot of assumptions that he is weak and that if he cant hack it he shouldn't be in health and safety, problem solved. In the original post it says he stood up for what he thought and didn't carry out the dangerous activity his manager asked him to, a lot of people wouldn't do that. You assume he clocked off without asking why when he was asked, it doesn't say that. He is someone new to safety and is asking for help to improve the situation he is not ignoring it and hoping it will get better. Quite a few of the responses here are not going to convince new HS people to ask for help on this forum or convince Alan if he reads it that HS is something to stick with. Can we ease off with the comments and look at practical solutions only.
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#48 Posted : 06 October 2006 14:57:00(UTC)
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Posted By Morgan Healey After approx 1600 views and 46 replies to this posting, the original poster has not even bothered to come back to the forum and give us some feedback on all the repies to his posting. I think now would be a good time to lock this thread from further postings as I think all opinions have now been exhausted. After all if he cant be bothered why should we.
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#49 Posted : 07 October 2006 00:51:00(UTC)
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Posted By John Murgatroyd "employment courts" Read, digest: http://www.citizensadvic...s_index/press-050401.htm If you EXCLUDE large companies and public services (councils etc) from employment court cases the picture gets MUCH worse. With the exclusions the amount of non-payers roasts-up to nearly 40%. One (unnameable.....cannot afford protracted legal cases) "employers" organisation recommends not paying because the civil action resulting won't happen in many cases. "The Court of Appeal in Street v Derbyshire UWC held that an employee can fail the good faith test and lose PIDA protection where a tribunal finds that their dominant or predominant motive for making the disclosure was unrelated to the public interest objectives of the Act" An employment court is something you fall-back on where all else has failed, and when you've got nothing to lose. Oh, and I'm not a H&S professional. And in the real world, whistle blowing results in never getting another job. If you wish to research the subject, you'll find that a few "employers organisations" maintain databases of "trouble makers"..........word-of-mouth accounts for the remaining.
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#50 Posted : 07 October 2006 21:26:00(UTC)
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Posted By sagalout "Oh, and I'm not a H&S professional." That statement is the biggest relief in my recent life. Thank you John for making that explicitly clear. It will help me to understand your posts much better in the future. No I am not being ironic or sarcastic, just honest. As I have said before, I do not share your views of H&S but I do respect your right to hold and opine them.
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#51 Posted : 07 October 2006 22:37:00(UTC)
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Posted By darren booth the hse are not there just as an enforcement body. maybe the person referred to in the original post could discuss with his senior manager, the possibility of asking the hse for help and guidance. if it was me facing this scenario,the hse would have been contacted immediately, but i am a union representative, not a manager!
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#52 Posted : 08 October 2006 13:36:00(UTC)
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Posted By John Murgatroyd After listening to a "health and safety consultancy" give advice about how to perform tests for dust and fume so as to get a favourable result, you'll understand why I am also happy to NOT be a H&S pro..... (apparently, it's best to do the tests at 1900z. After the workforce has gone) I think you'll find that, while the HSE are supposed to "do" enforcement, the gov would prefer that they "advise" employers and let them "voluntarily" adhere to the law (!) As said before, the guy COULD make a complaint, but previous experience of same is that it would be a wrong move....career-wise !
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#53 Posted : 09 October 2006 07:53:00(UTC)
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Posted By gham with regards to the post suggesting locking the thread. Have you concidered that the original poster may have been put off offering a reply in fear of being further slated on this site
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#54 Posted : 09 October 2006 09:33:00(UTC)
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Posted By carol Hi all, I'm new to this site so bare with me. Having just read most of the replies to the above, i just wondered how the chap who was going to be "lifted" up felt. Did he not think about his own safety? Did he even have a say in his own safety!!! Or was he also under pressure to get the job completed. If that was me being asked to work on the fork lift i would have refused to do the job even before the safety officer got involved. I really do think that people have to look after their own safety as well and not be pressured into unsafe practices.
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#55 Posted : 09 October 2006 20:10:00(UTC)
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Posted By John Murgatroyd Quite right Carol. However, mortgage, bills, etc. Finding a new job....and all that. It's very easy to say "stand up for yourself", but you need to look at it from the guys point of view. Employment court ?. That doesn't pay the bills does it, and it takes time...loads. And, as the HSE infoline told me "there is no law in this country that allows you to refuse to work even if it is unsafe" Obviously, the original poster has a problem with management, which in turn has a problem with H&S and humanity. but, don't they all ? Good job we're not in Germany............ "Under Germany's welfare reforms, any woman under 55 who has been out of work for more than a year can be forced to take an available job – including in the sex industry – or lose her unemployment benefit. Last month German unemployment rose for the 11th consecutive month to 4.5 million, taking the number out of work to its highest since reunification in 1990. The government had considered making brothels an exception on moral grounds, but decided that it would be too difficult to distinguish them from bars. As a result, job centres must treat employers looking for a prostitute in the same way as those looking for a dental nurse"
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#56 Posted : 10 October 2006 07:36:00(UTC)
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Posted By Manny John, your info on Germany is a bit over the top. You need to stop reading the "Bild Zeitung" or stop watching "Pro Sieben". For your info the unemployment figures in January 2006 were over 5 million that has slowly declined to just over 4.2 million this month. As for your info on brothels all I can say is "Ohne Worte". MfG Manny
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#57 Posted : 10 October 2006 08:07:00(UTC)
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Posted By AJM Isnt this whole thread Indicative of the way some companies are run and the very reasoning behind my "IS THIS AS RADICAL AS IT SEEMS" thread. Alan
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#58 Posted : 10 October 2006 09:07:00(UTC)
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Posted By carol Well we are going off he beaten track a bit, but John is that law in Germany the same for men? Not that i'm sexist but it does make the mind boggle and it did put a smile on my face!!! Anyway back to the original topic i can't belive there is no law that say's that you can't refuse to work in an unsafe manner, what does this mean, you would think in this day that anybody could and should refuse to carry out unsafe work practices. I can only thank god that that the company i work for is very much into H&S in a big way. It does not stop any work from being carried out we just look for a better and safer way of carying out the work, i know this is not always possible but we try. I really think the problem lies not only with people wanting to take short cuts to complete the job a.s.a.p. but also mental attitude some people just do not want to change. (i've always done it this way attitude)Oh well back to work. Let's be careful out there!!!!!!!
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#59 Posted : 10 October 2006 11:20:00(UTC)
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Posted By Roy Male Hello All For all those who have commented, Thank you. In response to one comment it was not a case that I could not be bothered to give an update it was that I was having a long weekend with my family. I have been talking to Alan since I have come back and he has basically carried out the advice from a number of the views expressed in the thread. 1) He has formally raised a grievance procedure against the production manager. 2) He collected all the evidence in respect of the lack of health and safety in the business, with a number of examples. 3) He told the owners of the impact to the business if a serious accident occurred, investigation by the HSE, fine, compensation claim etc. He emailed the information to the owners and it had an immediate effect. Alan's grievance was immediately investigated and it was upheld. The production manager was reminded of his health and safety responsibilities and was warned of his future conduct. Alan received a formal apology from the manager. The production manager was instructed to work closely with Alan on all health and safety matters. The owners instructed Alan to send them a report every month on Health and Safety with action plans to address any immediate health and safety concerns. I am glad that Alan has resolved his problem but we are all aware that not all owners may take the same view. Again thank you all. Roy
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#60 Posted : 10 October 2006 11:48:00(UTC)
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Posted By gham education, education, education
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#61 Posted : 10 October 2006 11:59:00(UTC)
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Posted By Jim Walker Brilliant result Roy, Sounds like Allan is a natural safety bod, I'm sure your help played a big part too.
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#62 Posted : 10 October 2006 12:35:00(UTC)
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Posted By sagalout I hope that all those who posted on this thread read and celebrate this outcome. It is great example, to those of us who occasionally get a little jaded with life's experience as H&S people, that the simple direct things work and you always need personal courage to succeed in H&S. Thanks for letting us know the outcome.
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