Rank: Forum user
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Hi All,
working in the construction industry now presents more and more challenges. One that seems to be poppings its head up (well i'm thinking of it), is the amount of different nationalities that are working on building sites. Now most of these guys will sit and the TBT or while a MSRA is being read or even at a training presentation. They will then sign the attendance sheet , which as far as i know could mean nothing or very little to them.
Is anybody else expierencing or come across this?
What i am thinking of doing, for the nationalities that we have on site, putting a disclaimer at the bottom of the attendance for ' If do not understand any content of this training, tool box talk or presentation, then please raise this to your supervisor', this would of course being in a few languages. The supervisor would then have to be able to speak good english (which most do)....
any thoughts or suggestions on how to go about this?
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Rank: Super forum user
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My worry would be that they would just carry on as they are. They may not raise the fact they dont understand in case it cost them their job.
David
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Rank: Forum user
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Why stop at writing the disclaimer in different tongues, why not the full presentation? Sure it will cost a bit more but will give a better diffence should an accident happen. Imagine an inspectors responce to just a disclaimer!!
Also i have had our legal department give an opinion on disclaimers and they are of the opinion that they will only give a limited defence in court.
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Rank: Super forum user
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Sounds like you're on dodgy territory to me.
Are these your employees or subcontractors?
Your employees - surely you know when you hire them whether they understand English?
Sub-contractors - ensure you get the information from their employer.
You have the duty to ensure that any employee understands the health and safety advice they are given, and if that means providing it in different languages then so be it.
You can't put forward the defence that you didn't know they didn't understand English.
Getting them to sign a disclaimer is as dodgy as employees offering to sigh a disclaimer so they can do it in an unsafe way. Not worth the paper it's written IMO.
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Rank: Forum user
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xRockape wrote:Why stop at writing the disclaimer in different tongues, why not the full presentation? Sure it will cost a bit more but will give a better diffence should an accident happen. Imagine an inspectors responce to just a disclaimer!!
Also i have had our legal department give an opinion on disclaimers and they are of the opinion that they will only give a limited defence in court.
There could be 3 or 4 languages. Also the fact that we have numerous presentations and tool box talks etc that this would meanhiring full time translater(s) to covert all our documents/trainings into the relevant languages. Is this being reasonable practisable?
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Rank: Forum user
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clairel wrote:Sounds like you're on dodgy territory to me.
Are these your employees or subcontractors?
Your employees - surely you know when you hire them whether they understand English?
Sub-contractors - ensure you get the information from their employer.
You have the duty to ensure that any employee understands the health and safety advice they are given, and if that means providing it in different languages then so be it.
You can't put forward the defence that you didn't know they didn't understand English.
Getting them to sign a disclaimer is as dodgy as employees offering to sigh a disclaimer so they can do it in an unsafe way. Not worth the paper it's written IMO.
definately dodgy ground. The workers come from eastern europe (different countries) and have varying levels of english (enough to pass inductions etc). The supervisors have good english.
The disclaimer (probably wrong word) would be a line at the bottom of the sign in sheets, just to confirm in their language that if they did not understand the training/instructions they are to notify their supervisor immediately.
Has anybody got this scenario on their sites?
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Rank: Forum user
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If a recipient of training or Safety briefs, etc cannot understand what is being said it is not their fault or responsibility. Should an incident occur you may well find any Inspector reaching the same conclusion. Would you accept them not being present for the brief? If they can't understand it then they may as well not be there.
If the information is deemed important anough to be passed on, then it should be important enough to make sure everyone understands it. A disclaimer such as you put it would in fact only highlight that you are aware of language issues but have done nothing to counteract them, making your position worse IMO!
I would say that you either need to provide a written translation or provide adequate interpretation for those who understanding of English is not sufficient.
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Rank: Forum user
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The option I present to you is one that our safety Dept. provided it was quite simple.
We asked the nationalities on site to nominate a safety representative from their group who could read and speak English, the nationalities involved were Polish, Bulgarian, Russian, Lithuania and Bosnia.
The voting was done democratically / secret ballot and was overseen by a Safety advisor. The nominated person was then to report any HSE problems the differing nationalities may have. We also then incorporated the Toolbox talks / Safety Briefs to be presented to the various nationalities by the nominated safety Reps.
I admit we were lucky, in that we had a good number, which could read and speak English well, with the nationalities all having a common understanding of the Russian language.
This may be an option for you to implement.
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Rank: Forum user
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Paul-B
Whilst I applaud the workers willing to help you, you are in the same position as the original poster.
Unless the person translating writes down what they are saying and you have it independently audited (perhaps on a sampling basis) you have no proof they are even talking about the same subject as the toolbox talk.
When said translator leaves the job, you have no records of what was discussed.
Cynical I know - but I am just suggesting that having the toolbox talk translated too (and verified as being relevant) might be a good idea.
We are not talking lots of money here - there are usually local groups within the community that would be able to make sensible suggestions.
If you have two translators available by some good luck, getting the second to confirm on the TBT sheet that all was covered might be even better.
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Rank: Forum user
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tabs wrote:Paul-B
Whilst I applaud the workers willing to help you, you are in the same position as the original poster.
Unless the person translating writes down what they are saying and you have it independently audited (perhaps on a sampling basis) you have no proof they are even talking about the same subject as the toolbox talk.
When said translator leaves the job, you have no records of what was discussed.
Cynical I know - but I am just suggesting that having the toolbox talk translated too (and verified as being relevant) might be a good idea.
We are not talking lots of money here - there are usually local groups within the community that would be able to make sensible suggestions.
If you have two translators available by some good luck, getting the second to confirm on the TBT sheet that all was covered might be even better.
Tabs, what was provided by the safety reps, to the working personnel from other nationalities, was a direct copy of the toolbox talks, we provided for our English speaking personnel. The toolbox talks with pictures provided were provided to the safety reps to write down in their language, the safety advisors on site, sat down with the safety reps and went through the toolbox talk / safety brief to which the safety reps made out the toolbox talk in their language.
I found that the safety toolbox talks were a success; we observed the toolbox talks to which also the safety advisors were present.
We must provide for a better system, that I appreciate, but the steps are been made to provide every assistance to our European and global working personnel.
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Rank: Super forum user
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On a previous contract that I worked on with some East Eurpoeans the ganger understood good english and he translated to the rest of the gang. On my current contract English is contractually the language that should be used and not had a problem as non-UK nationals understand English.
The disclaimer seems a bit OTT, backside covering and not very practical. It reminds me of 'for those watching in black and white...' :-)
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Rank: Forum user
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May I commend new guidance on this subject issued by HSE last month. It is called protecting migrant workers (http://www.hse.gov.uk/migrantworkers/employer/protecting.pdf). There is guidance aimed specifically at agriculture and food also available.
Of course this thred should recognise this applies equally to those who may speak English but have poor or non-existant literacy skills
Regards
John
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Rank: New forum user
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I've been working with refugee and migrant workers for over 8 years now. Main issue I find is that their 'leader' can usually communicate in English and get the information to the gang, but don't ever do anything in a written format without checking that they can read English, it is a whole new topic. H&S language and terminology is often adjudged at an educational level 3 (A level equivilent) but how many UK english speaking workers can communicate at level 3? To top this off I would have to say never forget it is not the worker's responsibility to understand it is the employers responsibility to make sure they understand..
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Rank: Forum user
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You might also like to try paragraphs 11.38 - 11.42 of Norman Selwyn's excellent book "The Law of Health and Safety at Work" which deals with the issue of migrant workers and handily qoutes case law on the subject. It is available from the Croner website as a download.
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