Rank: Super forum user 
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Those of you that have this system is it - 1st offence yellow card (warning) and then 2nd offence red card - off site?
Is it legal?
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Rank: Forum user 
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Hi,
As most operatives on site generally work for sub-contractors I'm not sure the legality is an issue. They are inducted (or should be) prior to starting work and should listen to and adhere to all the information and instruction provided. If they are ultimately directed off-site as a result of non-compliance then that is an issue for their employer to deal with regarding any disciplinary action.
If they are contracting to the "Sub-Contractor" i.e. self employed, then the "Sub-Contractor" has no contractual resposibility to provide them with work, so if they continue to be non-compliant after a yellow card then they deserve to be directed off-site as they could pose a risk not only to themselves but to others on site.
Obviously if the operative in question is directly employed by the Main Contractor then the legality of it then becomes an issue as the MC should follow the appropriate disciplionary route.
DNW
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Rank: Forum user
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I may be wrong but in a construction environment site rules are law. If the red and yellow card system is in the site rules and has been reasonably communicated to operatives then I'd have thought it is legal.
To give yourself some protection it would be essential to record yellow cards given out and also to give examples at induction of what example offences are.
For us a yellow card means that the operative returns to site cabins and must wait to be re inducted and tool box talked by his supervisor prior to returning to work. This may be in a few hours or may have to wait until the next day.
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Rank: Super forum user 
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If the PC chooses to adopt the card system then it is their prerogative as the PC and responsible for site safety. The 'legality' of it is irrelevant, it would probably be more of an employment law issue if it was challenged, rather than a h&s law. Personally, I have never used the system and I don't like it anyway.
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Rank: Forum user
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Remember it is your site and your rules!! If it is your policy and you have told people at induction then there should not be a problem.
If it is construction and there is a large number of people not complying then i would make an example of one and put that person offsite (make sure its not someone bigger than you :-)
The rest of the group wont be long falling into line.
T
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Rank: Forum user
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Interesting that people only talk about operatives.
I have worked on many sites where we were forced to use this type of system by the clients H&S team. Without fail we had to drop it, and hurrah to that, because our operatives were reporting the clients or the designers staff for not following our site rules.
I fully understand that we make the rules as PC but try to get your site management to ban the client from site. No, it is easier to agree to drop the red card / yellow card system.
However, the operatives are not stupid and see right through this and it then takes time to re-establish your own credibility and convince people there is not a different set of rules depending on who / what you are.
Is it legal?
I have often wondered that, can somebody really lose his job for a couple of minor incidents?
People often say that it does not matter as many operatives belong to subbies or are LOSC but that is not answering the question and seems to me to be side stepping the issue.
I my opinion, stay well clear of it.
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Rank: Forum user
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Quite an interesting one. I have worked both for Principal Contractors and Contractors alike in recent years. I have therefore seen both sides. I have seen a couple of our operatives ejected from site using the card system in the past few months. I can appreciate that the PC sets the rules and more fool anybody who thinks they can flout them. I have a couple of issues though:
If one of our operatives is ejected from a client site, they are brought in for a 'talking to' internally as well and be subject to the disciplinary processes of our organisation. If they do not improve, then they are clearly going to run out of sites to work on/ clients to work for anyway, and therefore will become unemployable as a result. The problem is that, without objective evidence, workers may feel [rightly or wrongly] that they have been carded for something trivial or inconsistent, or even personality clashes. Once carded, the PC washes their hands of the issue ['sidesteps it' I think was used in an earlier post]. Internal disciplinary processes take far longer than the instant ejection and can compromise the HR and H&S functions of the contractor.
Nine times out of ten the offender deserves the ejection, but one the few occasions that they have been dealt with unfairly, have you ever tried to get the PC to allow them back? Forget it...
Also, I have practically never seen a PC's own employee carded from site as this is too hard as the HR/ Disciplinary headaches foisted on Contractors suddenly become their problem!
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Rank: Super forum user
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Ian/Murhpy make some very valid points. Although I have mainly worked as the PC I am aware of the unfairness of site disciplinary issues. A recent example was a subbie working unsafely on a MEWP. I spoke to him and I thought that was that. However, the Construction Manager phoned me and asked "why I had not thrown him off site?" I responded, if I was to throw everyone off site who had not followed the safety rules we would not have any supervisors or managers left on the job. He agreed, then threw the guy off site!
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Rank: Super forum user
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Rank: Super forum user
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ChrisBurns
Reg 13 CDM states any site rules,
whether they are conducted in a fair and unbiased way is debatable, but they are allowed as long as they are written down and displayed on site, and given at the induction
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