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#1 Posted : 22 April 2009 10:30:00(UTC)
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Posted By Kerry Scott I'm looking to find out if anyone has worked with an innovative system for dealing with employees who continually do not wear their PPE. Yeah we do the whole approaching and challenging them and deal with the Supervisor and in some cases disciplinary, however we were wondering if anyone has introduced a system that has been effective. e.g. 3 strikes and your out, Pay decrease if caught without PPE on 2 occasions etc. Very interested to find out what other companies have been using. Thanks!
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#2 Posted : 22 April 2009 10:54:00(UTC)
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Posted By Scotty Hi Kerry It very much depends on the situation etc but for what it's worth I've used '3 strikes and you're out' method. The three strikes I've used are 1) a quiet word in their shell-like, emphasising the importance of wearing PPE 2) a formal 'chat without coffee (!)' clearly stating the need to wear it and comply with all the relevant areas with the clear focus that any future repeats may result in disciplinary action 3) formal disciplinary action to be considered, following thorough investigation. This may seem a long winded process, but believe me if people repeat often, you find yourself at stage 3 pretty quickly. Disciplinary action should not be seen as an end in itself (the proverbial stick to beat people with and a threat to their job), but should be implemented with a purpose for improvement, along with clear statement that further action will be considered if there is no improvement in work practice. Docking pay can be a bit of dodgy one, cos you're effectively changing peoples contract of employment (unless of course, it's written in there that pay will be docked etc etc!). Cue debate about how quickly to discipline people.....??
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#3 Posted : 22 April 2009 13:04:00(UTC)
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Posted By Ron Hunter With many Major Contractors, it's effectively a one strike process. No PPE, no entry to site, no work.
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#4 Posted : 22 April 2009 13:12:00(UTC)
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Posted By Francis E S Hone Ask the supervisor if wants to supervise or be one of the guys He soon started telling them to wear the required PPE Frank
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#5 Posted : 22 April 2009 14:06:00(UTC)
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Posted By gerard.brown Kerry, Why not try the yellow/red card system. Like in sport an operative is issued with a warning (Yellow Card) for a failure to comply with H&S regs/rules. If the operative is caught again then they are issued a red card, asked to leave site for a period of time or asked not to return. Usually i have found that once the word gets around that someone has been put off site then the rest fall into line.
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#6 Posted : 22 April 2009 21:52:00(UTC)
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Posted By TonyB Kerry, I don't see the issue. Discipline is never a pleasant thing to do but if needed it must be used. I like the three sticks and out approached discussed above. This is often very effective. I really like the 'Tackle the Supervisor' approach because its them with the legal duty to enforce compliance on a day to day basis. Franks "ask the supervisor if wants to supervise or be one of the guy" is a corker - with Franks permission I'll use that for training purposes! Bottom line (as I'm sure your aware) employees have a legal duty to cooperate and Supervisors (as well as the rest of management) have a legal duty to make sure they cooperate. If all else falls start quoting section 7 & 36 of HSWA to them and there consequences - which now includes possible loss of liberty. TonyB
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#7 Posted : 22 April 2009 22:34:00(UTC)
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Posted By dave marshall some really good ideas here, like it. which part of legislation states for supervisors to enforce? cheers
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#8 Posted : 22 April 2009 22:56:00(UTC)
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Posted By TonyB Dave, HSWA Section 36 "36.-(1) Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person. that other person shall be guilty of the offence. and may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person." Crown Copyright - waivered Therefore - if employee breaches section 7, the Supervisor either by his/her actions (allowing) or default (not checking) is also guilty of the offence. This is the bit of the law the HSE used for Supervisors that don't supervise. For Senior management they use section 37. Hope it helps TonyB
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#9 Posted : 23 April 2009 08:55:00(UTC)
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Posted By Phil Rose Kerry It depends on the seriousness of the issue, but you need a number of approaches, that have been mentioned on a recent previous thread (can't remember which). First I suggest finding out WHY they aren't wearing it as there may be a reason such as comfort, but then adopt a quiet word, a louder word, yellow/red card etc etc. I know that where I work, disciplinary for health and safety issues is used as something of a last resort, but it should be used and I recall a court case (can't recall specifically) where the judge was very critical of an employer for not using the disciplinary process more effectively. David, aside from Tony B's response and S37 as well, the answer is more fundamental. You can't be a supervisor or manager in 'name only'! If you are a supervisor or a manager then you have a responsibility to do just that - supervise and/or manage, and I think the judges and the courts are switched on enough to recognise that as a principle. Phil
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#10 Posted : 23 April 2009 09:09:00(UTC)
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Posted By Safe System I do not think there has been a wrong answer... We tend to incorporate the 3 strike method but I am fairly fortunate in that all of my guys are very good with PPE (even hard hats when no-one else on site is wearing them!) However, on the rare occasion, i tend to have a word with them and explain to them about what the risk assessment and method statement states about required PPE (or site rules) . . I then proceed to explain something to them that most didn't realise.. If your at work and you are not working to the agreed method statement (including correct PPE) and you have an accident... you can kiss your insurance payout goodbye.. how would that affect them or their family? .. usually has a sobering effect.
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