Rank: Forum user 
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Hello
Our companies policy on the wearing of Head Protection is to wear such PPE only when there is a risk of injury set out in the Risk assessment, such as operating near Plant etc. To enforce and police this policy senior management have suggest to myself that anyone caught without Head protection when it should be worn to be fined £25, only after being given a warning. Would this be legal to implement such a measure.
Thanks Allan
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Rank: Super forum user 
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Allan
I strongly suspect the fine would be contrary to the employee's contract and therefore could be legally challenged. Notwithstanding that, it does appear to be an extreme measure which is not necessary, normal disciplinary measures should suffice for offenders. If you turn it round for a moment, will managers be fined when they violate company or legal requirements? If so, based on my previous experience the majority of fines will hit managers in the pocket.
Ray
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Rank: Super forum user
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I cannot comment on the legal aspects of your query, but agree with Ray on this.
To my mind, not wearing head protection where it is required points to a combination of poor communication and a lack of management control. I guess operatives are made aware of the site rules, but you also refer to risk assessment - are operatives aware of the risk assessment you refer to?
To widen the topic slightly - is the proposal to also fine the supervisios / managers for failing to enforce the rule?
I thing the best option in this case is to go back to basics - Tool box talks along with a firm reminder that failure to obey site rules WILL
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Rank: Super forum user
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Oop's, hasdn't quite finished.......
WILL result in operatives being removed from site and that the disciplinary procedure will be invoked.
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Rank: Super forum user 
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Allan,
With Ray on this one; under the Employees Rights Act 1996, deductions from wages can only be made under the following circumstances:
1. where the law requires deductions to be made, e.g. income tax, National Insurance contributions, attachment of earnings orders, student loan deductions,
2. where your employment contract makes specific provision for a deduction, and where you and your employer have agreed in writing to the deduction before the situation arises that would require the deduction to be made.
I suggest that you liaise with your HR colleagues before you action anything.
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Rank: Forum user
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Zyggy
Just the answer that I'm looking for.
Thanks
Allan
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Rank: Super forum user
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Allan,
Apologies - slight typo - it should have read Employment Rights Act 1996 - the rest is ok!
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Rank: Forum user
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It's my understanding that very few people or bodies can legally enforce "fines". So don't let them come up with the response "We'll ask for cash then..." :-)
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Rank: Super forum user
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I think the closest practice to this is if there was a bonus scheme involved and a written criteria for reducing or removing for such actions on an individual or group basis?
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Rank: Forum user
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I dont think you can do this.
You should also consided who is authorised to "catch them", and what type of initial "warning" is to be given, oral/written, and expiry period etc.
It is essential that You look at the employees terms and conditions of employment, and customary practice in your employment. Perhaps consider giving everyone a talk, the give oral warning to offender, then repeat offender given written warning, follow on with more written warnings for repeated violations, leading to dismissial.
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Rank: Super forum user 
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If this is the best your "senior management" can come up with, I think we can identify where the real problems are?
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Rank: Guest
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I would suggest a review / revision of your Risk Assessments.
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Rank: Super forum user
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If the offender hasn't much money, will your Employer only fine them £1?
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Rank: Guest
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ron hunter wrote:If this is the best your "senior management" can come up with, I think we can identify where the real problems are? A spot on observation, as usual. To consider fining individuals for infringement of safety rules displays an ignorance of both how health and safety should be promulgated in an organisation, and basic employment law. Organisations are quite at libery to take disciplinary action against intransigent employees, and indeed will be expected to do so in taking all reasonable steps to enforce safety rules for the protection of employees, but unless the contract of employment specifically enables the imposition of fines, they have no legal/contractual basis on which to do this.
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Rank: Forum user 
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Why not use money as an incentive - every one caught wearing a hard hat gets £25.00!!! I'm sure if your managers are so keen to enforce this then they'll will be happy to shell out and pretty sure you won't have a problem getting the workforce to comply!!
FH
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Rank: Super forum user 
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Fines were commonly used in the UK Coal Mining industry as a disciplinary sanction for people breaching Mines & Quarries legislation / rules. I doubt that this is the case today with a more professional HR approach to disciplinary procedures. (Someone may correct or confirm this)
I recall at a mine I worked in where one guy was caught asleep at work (circa 1995) which would be classed as serious misconduct, he given a final written warning and fined £200 for having 40 winks. The manager came to this figure by saying it would cost him £5 per wink.
These fines were collected from peoples wages and donated to a charity agreed jointly between the TU & Management.
I agree with others, this is not a route to take.
Steve
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Rank: Super forum user 
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Be careful about making rules you can't enforce and only end up being troublesome.
As someone has said toolbox talks would be useful as well as adequate signage and also make sure those that need to wear the PPE are issued with the correct equipment and in good condition.
You could always have a supply of hats hanging near the area?
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Rank: Guest
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A sensible approach is needed. I came across one company who had a knee jerk reaction to an incident, and made the wearing of hard hats compulsory at all times, when this was neither practicable nor justified by risk assessment. They then had an issue enforcing it, which came as no surprise.
At an industrial plant I managed many years ago, I inherited an enforcement problem with a blanket hard hat policy. After assessing the actual risks faced by most employees, I concluded that bump caps would offer satisfactory protection, and would be much more likely to be worn, which proved to be the case. A pragmatic solution to a long standing problem which achieved the objectives needed.
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Rank: Forum user
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I suspect this is a joke posting, i really hope it is...
... as a previous contributor stated, deductions can only be made under certain specific circumstances. Better to encourage a positive culture.
Would you fine them for wearing it back to front, or spray painted with their football team's colours? Or (and i've seen this) they've cut out a groove in the top of the helmet so they can hang it on a purlin... no word of a lie!
One day they will invent steel toe capped safety flip flops, then we will be safe on the beach ;)
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