Posted By shaun mckeever
During a recent risk assessment for a very large client I identified something which was a bit of a hot potato within his organisation. I was told in no uncertain terms that he did not want that appearing in his report or any reference to it. In my view it is significant. If I include it there is a good chance that I will lose the contract, if I don't include it then I will be compromising my professional integrity. If the contract affected just me then I don't have a problem but the contract covers several disciplines - water, fire, asbestsos etc. I'm sure I'm not the only person to have faced something like this.

How have others on this forum dealt with similar issues?

Posted By Pete48
Shaun,
Check yourself against another specialist in this area to make sure you have a benchmark for your findings. That is always good advice when faced with difficult decisions. The chances that you are both off the mark are much less. We can all get too close sometimes.
If you both consider that it is significant then I think you have to include it in the report, no choice at all. As has been said, it will return to haunt you if you do not and anyway it is not professional. Just think about how well H&S is likely managed if they are trying to suppress and manage a report just because they don't like what it says? Yes m'lud.
Offering options to resolve the issue, short term fixes to help reduce the "heat" on the problem together with practicable and recommended time frames for the completion of any longer term works can sometimes help to defuse reaction. I often find that reading my reports from the receivers standpoint helps a lot. If it is a difficult issue for them but is significant, have I written it in a way that pushes them into a corner, if so I rewrite it. The only thing you manage from a corner is getting out of it!
I think an e-mail would be seen the same as including it, we all now understand the importance of recorded e-mail don't we? Anyway you are still just including in your report and may well be challenged later as to why you didn't just put it in the report.

Is there anyone else in your company that you need to be talking to? If there is a commercial risk then you probably should be talking internally. The commercial boys can be good allies sometimes in getting clients to see the issues of not allowing a contract to be fulfilled.

Posted By Crim
Hi Shaun,

A rock and a hard place come to mind here!

You say it is significant - The Regs. say you should report the significant findings!

I have personally been there a few times during the past few years and my action has been to ask for my payment up to that point and bow out with my professional integrity intact.

I did lose the Client but there is always another just around the corner.

Look after number 1, whoever you decide that is - either you or the Client?

Posted By Clive Lowery
You may wish to give them a copy of our code of conduct. In particular point 12.

Publish and be damned I say.


Good Luck whichever way you decide to go.


Clive

Posted By Christopher
Hi Shaun

This is not such a dissimilar scenario to my thread and the thread that I commenced.

http://www.iosh.co.uk/in...m=1&thread=25056&page=81

In my case a patient died, the incident was not investigated by a health and safety professional (before I commenced in post.) I was given the report which was undertaken by a senior nurse. It was very evident that an inadequate investigation had been undertaken and that the staff, training and procedures involved had contributed towards this young persons death. I made an honest analysis. I was told to take bits out of the report as it might end up in the public domain. The Director who received it made it very clear that she was not happy with my findings. However, any newly qualified professional would have come to the same conclusions. The family were misled. I made all sorts of positive suggestions as to how to address the lessons that could be learnt from this case. I might as well have talked to the hand. My card was effectively marked.

This is a difficult call. The receiver of your somewhat toned down report, should you choose to provide one, should be made aware that in the event of an incident arising, then all the paperwork that you have created will have to be made available. (In writing of course)

Posted By Crim
Christopher,

I disagree with your final comment. Shaun has to either:

a) Issue his findings without hiding anything,

or,

b) do as his Client asks - no strings attached.

It would be most inappropriate to issue part of the truth and expect to get away scot free by producing the "real" findings at a later date. Are we to believe the Judge would accept that?

Posted By Ian G Hutchings
Hi Shaun

It may also be down to how you word the report/document and show other tangible benefits of the improvement.

In my experience you will just have to stand by your professional decision (make sure it is right and double check with someone else; I am happy to give a view via email).

I've been in similar situations and it does feel very awkward, but you will always look back and be glad you did what you did, even if it means losing this work.

Let us know how you got on.

Good luck

Ian

Posted By JPK
My reason for this is that if the employer ended up in court they would argue that they have had a H&S inpection and report carried out, and these items were not identified!
Then the court would ask the question why???

Posted By Ken Taylor
It sounds like it's not their report but your's, Shaun. To thine own self be true!

Posted By I McDonald
Shaun

I personally would leave it in the report. My stance on the mater is the responsibilities I would have under reg 7 and the competent assistance. There are strong ethical and legal arguments (we have seen this in numerous other threads as well as this one) to leave it in. Main point to you as an individual would be - "Remember Fatty Arbuckles Case".

Ian

Posted By Christopher
Hi Shaun

Are you any further forward with your decision about your report. I know that I for one would find it helpful to know what you decided and why.

Would it have been easier to come to a decision if it wasn't such a big client and the contract covered several areas?

You have posted a really interesting thread.

Posted By Crim
Well done Shaun,

I didn't realise you had a "boss" therefore you are right to discuss the issue with him/her as it's their company that would fall.

Good luck with your new career, whatever that is?

keep us posted.

Chris

Posted By Raymond Rapp
Having read the original posting and some very good advice I have come to the conclusion:

When working as a consultant you should always make it clear that all reports will state the true facts, good, bad or indifferent;

The IOSH Code of Practice will be adhered to whatever or whoever may wish otherwise:

If the above is still a problem for a client or employing manager, then I would provide my original report in Word format and if THEY choose to alter it suit their purpose, so be it. I will still retain the original and on their head be it.

I appreciate my summary may not help Shaun but it may serve others in the future.

Regards

Ray