As an employed Safety Adviser I have a remit (within my job description) to 'Provide advice and guidance on all H&S matters...' and as such offer advice to line managers. For some time now we have had an ongoing and persistent problem with low level breaches of policy (failure to wear PPE etc). More recently I have noticed petty pilfering of first aid kits (not the usual plasters but dressings etc). I have offered advice to line managers on the lines that they remind their teams that such action is unacceptable, My suggested approach was that it's in the employees interest not to pilfer the supplies but that persistent abuse could be viewed as a disciplinary matter (even as far as gross misconduct according to the Company's rules). I do not advocate they go in 'all guns blazing', more a 'warning shot across the bow'. The line managers do however need (some who have a poor grasp of H&S) need to at least consider the options available. The General Manager - to whom I report has taken a view that my advice that such action 'could result in disciplinary action or even gross misconduct' is contentious and inflammatory on the grounds that I am not in a position to under take disciplinary action. He has advised me that he considers my judgement is flawed in giving such advice and that a repetition could result in disciplinary action taken against me. This is not the first time he has considered this type of advice potentially offensive. My question is my judgement really that flawed? I consider that whether training, implementing procedures or addressing breaches, all options should be communicated including incentives for compliance and consequences of not doing so (be that injury or penalties). I hope I got the right balance but it makes training / advice difficult at best if I can only get half the message across!

Jon - considering Sect 8 of the HaSAW etc Act - criminal law, states You must not intentionally or recklessly interfere with, or misuse, anything provided in the interests of health, safety or welfare. then I would say your advice is sound. As long as it has been communicated to the workforce? David

As far as communication goes the employees duties are covered at induction, my advice being to remind and reinforce both that responsibility and company policy. (with the case of misuse of first aid kits being specifically linked to two counts of what the company regards as gross misconduct (theft and persistent breach of H&S rules). Kate: You may find it difficult to believe that I am not allowed to tell the employees DA is possible (other than at induction), nor may I even challenge employees over unsafe behaviour (its got to be through the line manager) unless its of a serious and imminent danger. As expected this severely hamstrings my ability to perform my function. Some line managers are very receptive to the advice but others are the opposite, unfortunately, from the perspective of the general manager I am in the wrong for suggesting it! I am not even sure if they have complained or the GM has pre-empted them.

I don't think these issues are that rare in SME's, I've certainly come across it lots of times: It's is nearly impossible to get over the barrier but H&S advise needs to be responsibly considered even if after consideration it is decided that no action is required. It is repeatedly stated that good H&S management should include a range of sanctions and rewards, based upon the findings of monitoring. I'd bet that, like so many other SMEs, Jon's organisation don't have those either. Answer - I don't know, but my sector (environmental NGO) is making real steps forward since us H&S Advisoers decided to get together in a knowledge and experience sharing forum - perhaps your industry has a similar potential?

No, I don't find it difficult to believe that you are not allowed to tell the employees that disciplinary action is possible, nor do I think it's unreasonable if you've been criticised for doing this. Personally, I wouldn't dream of saying such a thing to an employee. Certainly I would challenge them about their unsafe behaviours and if they were persistent or highly alarming, I'd inform their manager and expect them to deal with it. It's entirely up to the managers to decide any disciplinary action. It sounds as if the managers feel you are telling them how to manage and undermining their authority - they won't like that, and more tactful communication might help. Try to see it from their point of view. And there's really no point in telling people disciplinary action is possible if the managers have decided it's not going to happen - that would just undermine your own position.

Sorry I misinterpreted. I'm not sure why the managers seem so touchy in that case. And it does seem odd that you may not mention it as part of training.

Irrespective of a persons job title all people at any given level/rank have managing duties so if a finance, marketing, HR etc manager upon seeing a misdemeanor by an employee who is a cook -candle stick maker etc [even if that employee does not work for the manager concerned nor do they know each other] does not take action then they [the finance, marketing etc manager] are breaking the law/company policies there is case law where a procurement officer was prosecuted where they said I am in procurement so this sort of thing [H&S] has nothing to do with me where the judge thought differently and replied that irrespective of the job title an officer of a company is an officer of a company and has a duty to manage irrespective I feel that you are correct in your thoughts and actions - get hold of HR for support as should have case law etc to support