Posted By witsend This is my first posting and it is about the reaction and attitude of my employers when I raised a Health & Safety concern. I work on the weighbridge for a waste disposal firm that contracts to local authorities and is also open to the public. I am the first point of contact for customers using this facility. The majority of our customers are regulars who are familiar with all site rules and H&S issues. However when a new customer arrives at my weighbridge office I have to ensure their safety by giving a short induction, supplying them with various documents and assisting them with the paperwork. An important rule is that anyone using the site must wear a "high viz" garment. If a customer arrives without a high viz we offer to sell them one at cost price. However if he or she declines this offer we loan one to them. The problem is that we only have three garments available to loan. Consequently these garments are used by our customers several times per day and end up filthy. They had not been washed or replaced in several weeks. This last Monday 13 July I informed management that in my opinion I and the company were failing in the duty of care to others ie the customers. I explained that by handing out these soiled garments we were possibly assisting the transmission of various diseases and viruses. Normally the company is extremely keen on H&S but on this occasion they were dismissive of my concerns. The supervisor suggested that because this is a rubbish dump and not a kitchen, there was no need for concern. Let me say a few words now regarding this current swine flu pandemic. Our Government feels it fitting to spend a vast amount of money on an awareness campaign such as use a tissue and bin it etc The office of the Chief Medical Officer has appealed to all of us to do our duty and help to stop the spread of Swine Flu. When our customers return the garments they sometimes use it to wipe the dirt and perspiration from their arms face and neck before handing it back. Tuesday and Wednesday are my rest days as I work weekends. On Thursday 16 July the filthy garments were still in use so I threw them in the bin and informed management that in the interests of H&S I would no longer handle or let customers wear an unwashed garment. The management then relented slightly and brought in three new garments and informed me that they would be laundered weekly. By noon the same day all three garments had been borrowed three times each. I then informed my supervisor that I was no longer prepared to let these soiled garments be taken from my office and worn by our customers, thus effectively not allowing them to proceed to the disposal area. He ordered me off the weighbridge and await the arrival of a senior manager from another site. This senior manager said that he was aware of my concerns but as the customers had declined the option of purchasing a new high viz we (the company) were absolved of any responsibility. I made my disagreement quite clear and once again stressed that I would not participate in a breach of care to others. He then said we cannot afford to turn any customers away. Just as I had expected - profit before health and safety. Once more he asked me to carry on with my job and continue using the soiled garments. When I refused he sent me home. At 3pm he phoned to say that the company's H&S committee had done a risk assessment and come to the conclusion that we were not putting anyone at risk. I said that I was going to go over their heads and contact the H&S executive. He replied that he had already done so himself and it was ok by them. I was instructed to turn up for work the next day. Upon arriving at work Friday 17 July, my supervisor handed me a boiler suit and told me that I was to direct traffic and sweep up rather than go to the weighbridge for a couple of weeks. My job title is clerical, not manual and I have arthritis in hip and knee plus type two diabetes and am an OAP working a couple of years extra to supplement my meagre pension. For eight years I have enjoyed my work and have not had any issues with the company. I am now at my wits end. Has anyone out there got any constructive ideas, comments or solutions please.

Posted By Booney ask to see the risk assessment and ask for the name/number of the person they spoke to at the HSE

Posted By D H Hi witsend - to be honest I do not think you have a case! Management will decide what happens and if you do not follow management lines you will be dropped off!! We as safety advisors and safety managers can only advise the board - we cannot force the issue. I think your problem has been assessed by management, they have come back to you with their decision on the matter, and you have disagreed. Your next stage is to walk away and claim unfair dismissal - but on the information you supply - IMHO you will not win. Why not go back and admit you were hasty? If I came on your site and did not have a vest it would be my decision to wear or not to wear? Or buy a new one? Sorry - but I feel you are wrong! Dave

Posted By D H Hi - "If I came on your site and did not have a vest it would be my decision to wear or not to wear? Or buy a new one?" What I meant was it would be my decision alone as to whether to wear the vest you offered me - and if it was very dirty then my options were either to wear it, go off site or buy one. The choice is the person who visits the site - not yours! The board i referred to was my companies board of directors. Dave

Posted By Larry Hello Witsend. I have to say that I disagree with one item that you have raised. You appear to be concerned about the risk of swine flu being contracted from dirty hi-vis vests. I am not an expert in this subject so I can only pass an opinion. I don’t think that the general risks of passing swine are increased by the dirty clothes significantly, I think that you still have the scenario where you could launder the vest, give it to one person who sneezes into their hands who then wipes the hand down the said vest and hey presto the next person gets it anyway. Dirty vest or clean vest, swine flu isn’t fussy so I see no significant risk increase in this case. I think that the greater risk is that the hi-vis vests will become low-vis vests as they get dirty. I have a great deal of experience advising on health and safety at re-cycling plants, so I can visualise the colour of the vests. I am forever pointing out that “hi-vis” means that they should stand out to staff members wearing such items that are as black as the night in a cave. IMO that is the real risk factor here. There is one issue however that concerns me: And that is YOU. You are the No1 priority, you have stated that you are an OAP still working. GOOD ON YOU. But please, put your own health first. This country lost a good man yesterday aged 113 years old; he jokingly put the secret of long life down to smoking, drinking and wild, wild women. Wrong, the secret is less stress. B+Q appreciate the value of employing your generation, maybe your employer does too, maybe not. The sad part is that often you can become one of the trees hiding the view of the woods. When the relationship hits a glitch like yours has, there can sometimes be no easy way back and the stress levels can go sky high. So my advise is, think of yourself, your health and your quality of life first and be ready to say “bye bye” to your employer. As for whistle blowing. I’m not saying that you should go down the route of whistle blowing, but it is an option for you and if done correctly there is some level of protection that can be enforced by an employment tribunal, but only after the event has taken place and it will not be a pleasant experience for all concerned. In order to have some level of protection if claiming unfair dismissal there are set steps that you must take, please note that if you resign (walk away from it, as recommended in a previous post) then as you have left on your own account you cannot easily claim unfair dismissal. The steps you need to take prior to whistle blowing are: 1. Raise all concerns with your line Manager. I do think that there is an issue here but not from swine flu. The issue is (IMO) dirty hi-vis vests becoming low-vis vests and the risk of being hit by vehicles. 2. If there is no adequate change or response from your line manager after a reasonable amount of time, then take the issue up with your safety team/advisor. Gather dates, times of conversations and responses. 3. After a reasonable amount of time, if there is still no joy, then you can make a disclosure to an authorised body. Dependant upon the issue at the time those authorised groups could be one or more of the following, the Police, Fire Brigade, Environment Agency, Local Environmental Health Officer or Health and Safety Executive. But not the news of the screws or local paper etc, etc. If it all goes wrong and you peruse the unfair dismissal route be ready for. 1. Stress, stress and more stress. 2. Character assassinations. 3. Lies, SORRY I meant to say untruths. 4. The possibility of loosing. 5. Winning and being given your job back. Could you go back to a job where you would be about as popular with Managers as flatulence in an astronaut suit? And finally, after all that, my recommendation. I say take a step back, count to 100, put your health first (you have listed some of your health issues), take the pocket money from them and let the issue go. STRESS LEVELS EFFECT THE BODY’S ABILITY TO FIGHT INFECTION, don’t get stressed over a bunch of losers, otherwise you may have bigger issues to contend with if you get swine flu. What ever road you take, good luck to you.

Posted By Peter F. Larry, if the company does not change the hi viz vests it's hardly a job for the police, fire brigade etc. The company gave their answer and the person made their thoughts on the matter known, that should be the end of it. What gave him the right to throw out company property without permission or without a replacement being put in place. Section 7 ( general duties of employees)and 8 (Interference or misuse) of the health and safety at work act would apply. What did the risk assessment say?

Posted By grahams Reading your thread your company have agreed to weekly cleaning of the high viz vests. Can you meet them and get them to agree that they purchase more vests. Calculate over an average week how many of the vests are used and have sufficient to last a week in time for the cleaned ones to come back. This will then be a win win your happy and your employers have you back working in your 'normal' job.

Posted By Larry Witsend. There is at least some good, sensible advice here. Whatever road you take, good luck to you mate. But I still say let it go.