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Posted By Bill Morrison
From our risk assessment all warehouse staff are required to wear safety shoes. One person has flatly refused, despite trying 11 different pair of shoes from our suppliers saying none are suitable for him. He has been offered £35 petty cash to source his own which he refuses to do. We have requested permission to write to his Doctor to see if there any medical reasons he is not able to wear the shoes, aging he has refused this
Just as a side not he only works 3.5 hrs per day. The HSE were a great help and all they say is you must supply suitable PPE.
Where do we go now???
PS, I would really like to show him how effective a pair of size 9 safety shoes can
be!!!
Bill
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Posted By Debbie S
If he really won't budge then write him a letter asking him to attend a disciplinary meeting....
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Posted By CFT
Interesting! The HSE stated, 'you must supply PPE', which you have done. This now seems an HR issue and I would ask for their help in bringing this matter to a conclusion.
CFT
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Posted By Ron Hunter
And did the HSE not make reference to Section 7 of the HASAW Act? Your employee is in breach of this!
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Posted By Bill Morrison
No, all the very helpfull HSE said was that we have have to supply suitable PPE and do everyting to ensure it is suitable.
Bill
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Posted By Russell Peacey
Also check out the decision in Farmiloe v Lane Group PLC.
Try a Google search
Russ
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Posted By Andrew Joule Land
sack him; gross misconduct.
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Posted By GT
Bill, Unfortunately it appears that "Safety" get roped into management and HR issues.They also get aired on this forum and are a distraction from what is offer.
Sorry, but thats how I see it
Gt
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Posted By KS-TI
In my eyes as the HSE have stated it must be suitable PPE.
Now if he has tried various pairs on and been offered money to purchase his own there would be 'in my opinion' no reason why you have not tried to provide suitable arrangements and I think you need to find the reason why he refuses.
Explain his duties under section 7 of the HSWA '74 and inform his refusal would leave you no option but to look to disciplinary measures he refuses to comply with this.
Regards
Karel Simpson
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Posted By Andrew Joule Land
Karel - agree with you.
Bill, What is written in your safety rules / procedures store department risk assessments? My Safety Plan clearly states in employees duties that they "Shall cooperate with the company in the pursuance of an accident free workplace by following company policy, procedures, operating practices and other authorised instructions" this is also referred to during induction.
What is laid down is the stores department procedures? - do they state the requirement for the use of safety shoes, Are there signs indicating a mandatory requirement to wear (usually Head protection and safety footwear in a store) certain PPE, white pictogram on a blue background, placed at the entrance to the store area? Has the person been inducted and signed that he understands and will adhere to the company rules?
You appear to have done all that can be reasonably expected and the employee concerned is being unreasonable.
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Posted By Tabs
Bill, did you speak to an HSE inspector, or the HSE helpline?
The helpline is run by National Britania (still?) and is not a discussion facility - they read you the law and or guidance.
To discuss the issue you might be better calling the local HSE office and asking to speak to an inspector... but discuss this course of action with your senior management first.
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Posted By Merv Newman
Most UK safety policies I have come across, in addition to emphasising management commitment, will remind employees of their section 7 responsibilities.
but who, apart from lawyers, reads/understands those documents ?
Appropriate disciplinary procedure is the only remaining recourse. Remind him that, if he will not comply with safety rules, despite your best efforts to accomodate his personal difficulties, then he is a gone goose.
Merv
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Posted By JayJay
Hi Bill !
If he's been with you under 3 months you could always go down that route or you could always remind him of his induction and the company rules outlining his responsibilities, stating that the induction was clear, concise and he understood it, oh and he signed to say he understood it. Then sack him !!
Regards JJ
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Posted By Mark Ellis
Hi Bill,
It's much easier on site; no hat no boots no hi-viz NO WORK,it's that simple, I usually give one warning and then you're off !
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Posted By Pete48
I would make sure that HR are leading on this case. Although it may be an H&S matter that has prompted the impasse, it is nevertheless an employment issue that needs managing here. It is very easy to get such stuff wrong and for both parties to lose out as a result.
For example, the case law given earlier in the thread is about the DDA and the relationship between that and H&S law and may give a misleading view. Unless, that is, this person is either currently recognised or perhaps should be recognised as disabled as defined by DDA. Maybe that is an important fact for you to clarify before deciding on your best course of action?
There could be many reasons why this employee is acting in the way that they are. Cussedness is but one of those and it would be a foolhardy assumption to focus on that one alone when planning the way forward.
That said, there are two points that I have not seen mentioned so far in the thread that you might want to consider.
Have you taken specialist advice from suppliers, you mention several pairs of shoes/boots but were these recommended for particular needs or just provided for subjective comment by the employee? Many suppliers will visit and discuss issues with the employee.
Have you reviewed your approach to reasonable adjustments beyond the provision of footwear that the employee finds acceptable?
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Posted By martin gray1
Hi Bill
I would talk to him try and find out why he refuses to wear any PPE. If you have no other alternative employment for him then call a disciplinary meeting with him go through the correct procedures. Then tell him the need for PPE has been recognised and therefore he must comply with company H&S procedures.
If he refuses then it is gross misconduct and terminate his employment. Beware if he has been with you over a year he will still probably go to a tribunal, but stand your ground. He really has left you no other course of action, good luck and don't forget to follow the correct HR procedures or your a dead duck.
MG
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Posted By gus.c
Had dealings with similar case a few years ago. Got the expert advice of a podiatrist who 'surveyed' the employees feet and came back with some recommendations for cetain type of shoe / boot. I think it was additional ankle support that swung it but I have also seen cases where the person has needed inserts made for the safety shoes.
OK so it cost a few bob but if employee agrees to go along with the findings then a compromise solution can be found. After that well fair enough go for the sack as you have made reasonable adjustement and shown proper consideration. You should also cover this in PPE risk assessment procedure / overview and the fact that all persons should abide by the decision.
Regards, and goodnight, Gus.
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Posted By Bill Morrison
Thanks for all the advice, I spoke to the EHO in Harrogate who unlike the HSE, looked at the problem, and came back with practical advice and options in dealing with the issue. Many Thanks
Bill
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Posted By Peter Taylor14
I`d give him the order of the boot!!!
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