I think you already know the answer, and its yes. More importantly the employee is likely to suffer some degree of harm, and potentially also their fellow employees. I would first speak to the employee and find out why not follow the safety guidance, consider the answer, review the risk assessment/s with the employee and if suitable and sufficient then go into discipline. Not to do so would leave the employer wide open.

Have a care. The moment you think, let alone use the word "discipline", you need to be heading for your HR colleagues. You can do what you think are all the right things but still fall over on procedural grounds if it comes to a Tribunal. Get advice first, certainly make proper investigations as noted above and even check that your RA process/roll-out is as robust as you think it is. Don't, please, just go steaming in. We all know of the HSW Act duties but it's HR legislation and practice that could subvert you.

Ron, surely it is the hazard that is the same, possibly the risks will be less if a suitable and sufficient risk assessment has been done? Don't know what an "incompetent risk assessment" is anyway.

We are talking (hypothetically of course) about the person tasked with initially conducting the Risk Assessment, and not those required to follow the SSoW developed from it? Some here seem to be answering different questions. Chris, perhaps you misunderstand me. I'm referring to the "risk" (in the everyday sense) to the hypothetical individual in terms of disciplinary for not doing the assessment at all, versus the potential comeback for doing it poorly. 'Incompetent Risk Assessment'? You mean you've never come across one? ;-)

While you can discipline a member of staff for all number of reasons, quite possibly including for failing to carry out a risk assessmewnt, if this is part of their job, job description, contract, company policy or an agreed target etc, I suggest that you will be on a sticky wicket using a specific section of the HASAWA (HSAW 194?!) to do so. Isn't that a sanction for use by the prosecuting authorities rather than the employer.

Surely this becomes an HR/management issue rather than a health and safety issue. You can produce procedures, ssows, etc. but it is up to the relevant manager to ensure that these are complied with. I would investigate the reasons for non-compliance. If appropriate I would implement adjustments to the procedures, arrange for additional training, etc. If there are no valid reasons for non-compliance, then the situation should be handed to his manager to deal with. Chris

It certainly is possible to discipline people for failing to carry out reasonable safety instructions. We did it here, in fact we sacked somebody for failing to co-operate with a H&S audit process. What I would say is that you need to dot every i and cross every t, provide written advice and support, be prepared to discuss factors which are claimed to prevent them doing what has to be done, and then, once you have exhausted all the non-discipline options open to you in your HR policy, move to formal action. Not following a RA is failure to co-operate with your employer; if the employee has grounds for doubting the accuracy or value of the RA then Reg 14 applies, and they should act on that. Nonetheless, if it's the employer's opinion versus the employee's then it's the employee who has to co-operate, not the employer. We didn't do it lightly, and I really don't like the idea, but if an employer is to make a workplace safe the employees do have to co-operate, and eventually it can get to the stage where there is no alternative, John