Posted By Ron Hindle Assistance please on this rather strange incident, i witnessed a employee ignite a series of fireworks off in our transport yard, i suspended him at once, where he came out with a barrage of foul and abusive language toward me, i have held a investigatory hearing with him today, where he admitted his offence. in the yard where the fireworks were let off, there was gas bottles for FLTs, vehicles (HGVs), timber, other employees and it was in close proximity to the public highway where the general public walk by, it is my belief as a health and safety manager, that this employee be dismissed on the grounds of gross misconduct for serious breaches in health and safety law (section 7 placing duties on employees to take reasonable care for their own H&S and others etc.) plus the fire regs, the potential to cause harm was very high indeed. i would love to have your thoughts in case i have missed anything, thanks Ron Hindle

Posted By darren booth replace " fireworks " with " explosive devices " and the offence looks considerably more serious, and less like seasonal high jinks.. i hope you make the right decision, best of luck!

Posted By David Bannister Seems to me to be a very clear case of gross misconduct: blatant introduction of significant fire risk, endangering the lives of others. The foul & abusive language on its own could perhaps have been dealt with by the normal works process. If the employee is dismissed by the company management then the matter becomes either closed or a HR problem. If the individual is not dismissed then the attitude of the company towards its primary asset is at best questionable and at worst indefensible. In the latter case, I believe the Careers Forum on here may be of interest. Good luck

Posted By Vernon Kay Wow how foolish can some people be. Playing with fireworks at work! In any environment it is totally inappropriate, but certainly with the highly explosive materials around. You should have no problem in pushing through a dismissal for gross misconduct. It does not sound like the GUY has a leg to stand on in this situation.

Posted By Vernon Kay Shocker! Twenty-one health and safety officers had to be rescued by firefighters after an office floor collapsed during a safety meeting in Manchester yesterday. It is not known if any will claim on health and safety grounds.

Posted By GSPaterson I completely agree with the above posting. Although the obvious answer is gross misconduct and dismissal, there are many more factors to consider. Workmates joining in the 'fun' will potentially not look at you as a friendly face anymore, it may effect communication of H&S issues. You will have to find a re-train another worker. Lots of deeper HR issues to consider before jumping in and saying sack him. A severe warning/final warning would suffice, and you will be seen as being fair. If the bloke is however and idiot and useless anyway then now is your ideal opportunity. Hope you make the right decision for the company longterm.

Posted By GSPaterson Then discipline him or move on, there's no denying he is in the wrong. You have enough as it is to hang, draw and quarter him.....now you need to determine the right course of action with HR

Posted By Pete48 Ron , "i suspended him at once". "Act in haste and repent at your leisure" seems the most appropriate comment to both parties in this unfortunate matter. Why would I say that, here are some matters that will need to be considered. He used verbal violence as his response when confronted with your organisational violence of immediate and summary justice. Which is the less reasonable? Is there a history between you? Does this individual have a history of foolhardy acts or was this an out of norm situation? What evidence beyond one act do you have to suggest that this was necessary and for what reasons? Are you convinced that he was an immediate and continuing danger to others around him? Who else was involved in this foolhardy activity? What was the actual level of risk occasioned, mentioning LPG cylinders is emotive for sure, but what was the real risk from LPG cylinders being ignited by this action? These question are some of the more obvious ones that anyone looking at this case, where you are making a very serious accusation of gross misconduct, would feel need asking. Clearly some form of discipline seems appropriate from the facts as seen by you but without the answers to these questions and many more, demanding dismissal looks like a very strong reaction. Obviously this is an opinion given only on the information you provided and my experience of similar events.