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#1 Posted : 17 July 2009 07:33:00(UTC)
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Posted By Vrick Hi Good morning Everybody As in British law, the legislation of the counbtry I'm working makes provision for the protection of employees who stop work on ground of serious and imminent danger. Do we have any legal interpretation of what is considered as SERIOUS AND IMMINENT DANGER? Any caselaw reference or link would be very much appreciated. Thanks Vrick
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#2 Posted : 17 July 2009 09:06:00(UTC)
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Posted By FAH Hi Vrick 1st - See Ron Hunters post on A-Z of common sense. Personally I detest the term common sense - it ain't as common [that's as in universally spread & understood in the same way by the majority of people] as people who use it think it is; but I don't wish to divert your very serious question. I consider that it's almost impossible to define this term without using a series of other words that also require definitions - but here goes! Forgive the use of unexplained or otherwise "woolly" words &/or phrases. I would classify "serious & imminent danger" as any actual or potential event that the reasonably competent [in that activity] person should recognise as having the immediate or inherent ability to be capable of causing harm that could require the services of the emergency services inc medical assistance. I'm sure that others will have variations on this theme & I'll look forward to them appearing here. Frank Hallett
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#3 Posted : 17 July 2009 09:48:00(UTC)
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Posted By Vrick Hi Frank yes you are right, but I can't recall where but i think i have seen a case where an employee stopped work and went home because of one of his collegues who tried to punch him after a fight; The magistrate held that the employee was in a situation of serious and imminent danger and was right in leaving his place of work. I am just wondering if there is any other similar case involving serious and imminent danger. thanks Vrick
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#4 Posted : 17 July 2009 10:01:00(UTC)
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Posted By Raymond Rapp Vrick I think the concept of serious and imminent danger is open to interpretation, perhaps deliberately so, as there are too many examples when it can be applied. Most procedures take into account some form of arbitration and alternative safer work is sought if possible. It does not normally allow the person(s) to go home. Ray
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#5 Posted : 17 July 2009 10:04:00(UTC)
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Posted By SteveD-M Reg 8 at its simplest may only require adequate procedures for fire and possibly bomb threats. However, the risk assessment should identify any other situations that may arise requiring employees to evacuate all or part of the workplace. Imminent danger is an immediate threat of harm, which varies depending on the context in which it is used. I have used this definition in the past. The existence of any condition or practice in a workplace which could reasonably be expected to cause death or serious physical harm to any worker if operations were to proceed in the affected area or if workers were to enter the affected area before the condition or practice was eliminated or adequately controlled. I am sure many others will criticize this but hey it has worked for me in several cases..
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#6 Posted : 17 July 2009 11:17:00(UTC)
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Posted By Jeffrey Watt Vrick I do not know if your question relates to an ongoing problem or is hypothetical. If it is real then I would ask what type of protection do you think the law can give? Right to have your job back after you walk out and get fired. Probably take about 6 years? Right to not be disciplined for refusing a "reasonable" request. Appeal it, probably take a year, big black mark against your name for the rest of your natural in that company? Right to be listened to because its the law? Never really works as the only one that really cares is you. I would suggest that relying on "the Law" is Plan B. Plan A is making your concerns known to your manager and letting them know you are very worried about X, Y, Z and some of the blokes are talking about calling the HSE, strewth what will that do to this months figures if they are in asking awkward questions and closing off production lines, some of them breath fire I hear. But Dave , you know Dave in C building drives the old Mercedes, well he says he can make a jig and weld up a do hicky that will do the job, just need your go ahead Boss man. Being right is not the same as being clever. There is employment case law (do not have book beside me so cannot reference, sorry)where a lady left work because it was freezing cold, she was fired and subsequently won a case against her employer using breach of statutory duty, i.e. not providing an adequately heated work environment was a breach that broke the employment contract between employee and employer. Buying your own heater and letting your boss know on a daily basis what a complete Scrooge they are would be a quicker and less painful journey than 4-5 years in and out of tribunal. Best of luck with Plan A mate. Jeff
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#7 Posted : 17 July 2009 11:26:00(UTC)
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Posted By martinw Vrick http://www.thompsons.law.co.uk/ltext/l0570006.htm and http://www.hazards.org/safetyreps/rights.htm should keep you going. cheers Martin
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#8 Posted : 21 July 2009 06:44:00(UTC)
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Posted By Carolynn Wilson Hi Vrick Maybe a late response but we use this terminology a lot at my work place. An Imminent Danger is considered to be a hazard which presents a clear and present danger or a practice or condition which could reasonably be expected to cause death or serious injury. Hope it helps - or at least gives another view point. Regards
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