Rank: Forum user
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Hello,
We recently had a high near miss, this was actually reported by the person who carried out the task unsafely and we have decided to discipline him.
What I want is to try and use this as an example to the other staff to show that if they do something which is not safe and violate procedures etc they will be disciplined or even sacked.
However as this was a near miss and was reported by the actual person carrying out the task I do not want to send out a message to say if you report near misses you may be disciplined.
Any advice??
Thanks
Katie
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Rank: Super forum user
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I think personally that disciplinary procedure should only be considered if you can clearly demonstrate that your H&S management system is flawless. You will almost certainly send out the wrong message by doing what you suggest and should be looking to work with staff rather than taking a big stick approach. Have you stopped to ask why procedures weren't followed or looked at the process from top to bottom for underlying reasons?
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Rank: Super forum user
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I recently attended a site and reported the Fire Risk Assessment had not been done.
The next time I visited a site managed by the same site Foreman he told me he had received a written warning 'cos of the fra and that he will aways do everything he should do in future.
He then received a glowing report as everything had been carried out.
The result of harsh discipline ?
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Rank: Super forum user
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KKemp wrote:Hello,
We recently had a high near miss, this was actually reported by the person who carried out the task unsafely and we have decided to discipline him. What I want is to try and use this as an example to the other staff to show that if they do something which is not safe and violate procedures etc they will be disciplined or even sacked. However as this was a near miss and was reported by the actual person carrying out the task I do not want to send out a message to say if you report near misses you may be disciplined. Katie
I think it might be worth foregoing the disciplinary route...after all, if he hadn't reported it, would you have even known? Seems to me you could utilise the situation to your advantage and say by this person coming forward, it has highlighted the need to report ALL near misses - without the worry of being disciplined.
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Rank: Forum user
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To coin a well-known phrase, "I agree with" ... Frankc on this one.
He should be praised for reporting it - especially if he's not done something he ought to have done. If you penalise him then your accident reporting will plummet. It's one thing to have a word in his shell about not repeating his action/inaction but I think you'd lose out in the long term by disciplining him.
What you can do though is reinforce the need for safe systems of work and encourage your people to speak up if they're not sure - was the person in question fully aware he'd done wrong? Max is quite right to ask whether or not your systems are up to scratch - if there's a flaw in the system then why penalise an employee?
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Rank: Forum user
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Thanks people for your replies.
The procedures and safe system of work we have in place are ok. This person decided to violate and disregard these procedures and as a result potentially this could of resulted in a fatality, So because of how serious it was and basically how stupid (to put it politely) he was plus he was a Manager so should of known better, we opted for the disciplinary method.
However as i said, he did report his mistake (as he was so shaken up of what could of happened). Really not sure best way to speak to other staff about this. I dont want to send out the message either that if you violate our safe system of work, report it.. it will be ok?
Again thanks for your help, feedback would be appreciated.
Katie
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Rank: New forum user
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Dear, Punishment shall be last resort to manage any situation. A human errs mostly because of system errors. So, your investigation shall dig out system failures. Normally, a person will not commit mistakes knowingly/intentionally. Thx Sanjeev
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Rank: Guest
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Hi Katie
Couple of questions I would ask on this:
Are the members of staff aware of the incident or have they all agreed to keep it quiet (I would say that those involved at the time are aware and will be talking about it)?
Does the manager involved think it may be a good idea to make a positive out of this negative (shows a good manager being able to take responsibility and being accountable for their actions)?
Would your staff benefit from learning from this incident?
If it will cause problems then address the ssow by a toolbox talk on it (the employees will more then likely understand the reason) and simply run through the correct way of doing things with no names mentioned.
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Rank: Super forum user
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It seems very harsh to discipline someone for reporting an incident. That said, it does depend on the nature of the incident and the cause, for example, a dangerous and wilful rule violation may warrant such action.
Disciplining people for reporting near misses of their own volition will discourage reporting - that there is no doubt. Second, a person involved with safety should not be the 'judge and jury' and the decision to discipline or not should have been taken by another manager within the company if h&s is to have any credibility in your organisation.
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Rank: Super forum user
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When all said and done this was not a near miss!!!
Bob
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Rank: Super forum user
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boblewis wrote:When all said and done this was not a near miss!!!
Bob It appears a near miss occurred due to someone's disregard for safety procedures, Bob unless i've misread the OP's comments.
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Rank: Super forum user
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It's an interesting conundrum. The RAF used to, and I suspect still does. Encourage anonymous reporting of such incidents from both ground (Murphy report) and aircrew (Condor report) so that they could publicise such incidents, use them as examples and learning points to others, in the hope that by sharing the experience that people would learn from others mistakes.
I also remember a criminal case (although cannot recall the case specifically - although possibly a well known supermarket and forklifts) where the judge was highly critical of the employer for not using the disciplinary process where there were health and safety 'transgressions'.
I have to agree with the general approach of Frank, Alex and Ray, and I suspect in this case a sensible balance needs to be achieved. It is to the individuals credit that they have come forward and I think that needs to be recognised (chances are he could have kept quiet). Use it as a learning point for all and perhaps some sort of 'informal tweak' for the chap. It would be counter productive to hit him too hard for something that he has put his hands up for, and from which I suspect that he has learnt something valuable himself.
I would suggest though, in response to Sanjeev's post, that you would be surprised how many people do knowingly, intentionally and willingly cut corners or make 'mistakes'.
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Rank: Guest
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I was recently on a site where an operative reported a near miss, this was in turn reported to the main contractor, within an hour of the near miss being reported to the main contractor & before any report had being completed they had issued a red card to the operative and wanted him removed permanently. It was pointed out that if the operative was removed from site for reporting a near miss, then there would be no more near misses reported. The main contractor refused to withdraw the red card until the client got involved, however the damage was done at this stage.
I agree with firestar967 "make a positive out of this negative".
As well as the toolbox talk on the ssow, it could be followed up with an internal safety alert - outlining the near miss, the possible outcome & corrective actions to prevent a reoccurance.
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Rank: Super forum user
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Frankc
I read this as somebody undertaking a task in a non authorised manner as the near miss because nothing went wrong. I could be wrong but that is the problem sometimes in interpretation. In my view a need to perform an unsafe act was reported
Bob
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Rank: Super forum user
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Surely the main point here is not about the disiplinary procedure being involked but one of training. If you do discipline someone who reports himself you wont get the next guy to report it. Give the guy the benefit of the doubt but make him realise he has done wrong, not by reporting it but doing it in the first place. Then undertake a check that he is aware of the correct method of work and encouirage others to take notice or if needed undertake a training/briefing on the topic. Result the reporting system remains intact and staff see you are responsive to correct any faults in the system. But dont for heaven sake kick the poor guy when he is at least being honest.
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Rank: New forum user
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I have to ask on the availability of the Job specific Requirements/Methodology for completing the Task. Had the staff member been correctly briefed on the task?. Availability of the correct certificated equipment backed up with appropriate training for the equipment being used. What was nature the site supervision and relative attitudes(Just get the job done or else you won't be here) that staff and contractors are susceptible to in the current economic climate. I must agree with Bob about promoting the correct culture of reporting instances of Incorrect work procedures instead of safe working Procedures.
Espace 882
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Rank: Super forum user
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The ability to take punitive action (discipline?) is an important part of any management system. However, equanimity, equitability and equality in the use of corrective discipline is fundamental if you wish to obtain a culture which is disciplined. (professional, company and individually together).
Other forms of discipline such as positive recognition of conformity, supportive correction of behaviour, improving ability, learning from mistakes are often not what people mean when they talk of "disciplinary action", they mean punitive action and only punitive action. That is why it usually fails to provide any positive outputs. The best use of discipline is only found alongside, or as part of, robust mature management where this single form of discipline is recognised as just that. A simple tool. Used in isolation, it is useless and negative; used as part of a robust culture tough decisions can be made and respected. It is that respect that negates the negativity.
We all make mistakes. If we get away with the mistake but then share it why should we expect to have punitive action taken against us? Surely we should be thanked not punished. On the other hand, if we make a mistake and there is a cost to others or the company then we might expect some proportionate corrective action if we are found wanting in some respect. Proportionate is the key word as it defines the personal consequences of failure and systems should be flexible enough to recognise that.
We all violate rules and regs. Sometimes by choice, sometimes because we feel there is no choice, sometimes because we think we know better or that the rules don't apply to me or the situation and sometimes because we don't know the rules or regs. Punitive action sometimes and sometimes not? Did you really do everything according to the book (ssow/swp) today? If you reported your significant errors or failures how would it be viewed? Positively and you are on track, if you are saying get a life then why would anybody report anything except that which they could not hide or ignore; especially if they expect to be punished as a result of their failure. Punitive discipline merely produces employees who fear failure and thus they will hide any failure for as long and frequently as they can. Executive, Manager, Supervisor and Employee alike.
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