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Bill6152  
#1 Posted : 27 September 2013 09:29:10(UTC)
Rank: Forum user
Bill6152

FLT breaks down on Fri night, FLT locked off waiting for engineer to attend site to deal with. Experienced warehouse manager (not FLT trained) decides on the Sat morning to get on another FLT along with another site manager (not FLT trained) one to steer the broken unit and shunt it out of the way. We have a very good controls in place on FLT, drivers must be trained, authorised to use, assessed every 6 month and refresher training every 3 years. The managers are well aware of the requirement that only trained and authorised staff can operate a FLT. So why would experienced managers do this? it’s really disappointing after all the training we put in place that managers would deem this Ok? They were reported by another member of staff who witnessed the event and CCTV confirms what happened. Both are currently suspended on full pay. So what would you do? Dismissal on ground of gross misconduct Final written warning As you can guess there are a range of views on the action that should be taken but would just like to canvas opinion Many Thanks
Jake  
#2 Posted : 27 September 2013 09:33:13(UTC)
Rank: Super forum user
Jake

Depends how important they are to the organisation (trying sacking a "good" manager ;-) ). have you asked them why they decided to do this? Did they have access to an employee who was competent to operate a FLT or was it a case of move it or it gets left where it is? If there was a competent person onsite and they choose to just move it themselves then that is fairly stupid to be fair. If not, then consider the provision / availability of competent FLT operatives.
Bill6152  
#3 Posted : 27 September 2013 09:40:08(UTC)
Rank: Forum user
Bill6152

Hi, Yes other FLT driver was on site, (on his break) when they decided to move the FLT. Once the investigation is completed we will get answers as to why they decided this course of action. I am sure it was done for good reason, but for me does not excuse their actions. As for removing good managers for doing something completly against company procedures why should that make any difference. If it was a FLT driver in the warehouse , does that mean we should view this differently?
Jake  
#4 Posted : 27 September 2013 09:44:48(UTC)
Rank: Super forum user
Jake

Bill6152 wrote:
Hi, Yes other FLT driver was on site, (on his break) when they decided to move the FLT. Once the investigation is completed we will get answers as to why they decided this course of action. I am sure it was done for good reason, but for me does not excuse their actions. As for removing good managers for doing something completly against company procedures why should that make any difference. If it was a FLT driver in the warehouse , does that mean we should view this differently?
Of course not, I was just adding a sense of reality / experience :-) Seems pretty inexcusable unless the employee on break could not be reached (was he offsite) and leaving the FLT in place would have cause a bigger danager / emergency - even so that would question the orgs arrangements for dealing with such issues. Good luck with the investigation, never an easy task when a senior memeber of staff does such a thing.
David Bannister  
#5 Posted : 27 September 2013 09:50:46(UTC)
Rank: Super forum user
David Bannister

The course of action "should" be written in to the company policies & procedures. A clear beach of site safety rules with a witness. The senior management will need to make a decision that they are prepared to live with as it will send a message to the workforce on how the safety regime is really seen at senior level. On face value I have my own opinion but I have no knowledge of your site, your safety culture and the full circumstances so it remains merely an outsider's opinion, just as valid as the "bloke's in the pub".
Clairel  
#6 Posted : 27 September 2013 10:04:14(UTC)
Rank: Super forum user
Clairel

Sometimes there is no reason other than sometimes people do stupid things. That's part of what makes us human. We ALL do stupid things sometimes. You ask any investigator. If I had a pound for the times an injured person said to me during interview that they didn't normal do that and don't know why they did that. I'm not saying it's right or can be ignored but it is human to just do something stupid and not know why you did it other than you were being stupid and not thinking about the consequences. Hard to make a judgement call on what action to take as I have no information on what their behaviour had been like up to that point. So, assuming no previous problems I would say sacking would be harsh. A formal disciplinary - yes. (Re) Training on H&S duties - yes. Management should also use the incident to reinforce the company message to everyone. H&S applies to everyone not managers. Action will be taken against those that breach safety rules etc etc.
Clairel  
#7 Posted : 27 September 2013 10:05:38(UTC)
Rank: Super forum user
Clairel

Clairel wrote:
H&S applies to everyone not managers.
ooops. Not JUST managers. (doh)
Clairel  
#8 Posted : 27 September 2013 10:06:46(UTC)
Rank: Super forum user
Clairel

No that still isn't right. Everyone INCLUDING Managers. Is it Friday yet? Can I go home? Damn I am home. Can I go somewhere else???
Bill6152  
#9 Posted : 27 September 2013 10:18:02(UTC)
Rank: Forum user
Bill6152

If you can drive a FLT you could always pop round to our site?
Clairel  
#10 Posted : 27 September 2013 10:26:13(UTC)
Rank: Super forum user
Clairel

No I can't. But I thought you didn't need a FLT cert to drive a FLT at your place!! lol (joke) ;-)
Bill6152  
#11 Posted : 27 September 2013 10:30:40(UTC)
Rank: Forum user
Bill6152

Only if your a manager it would seem!!!
Frank Hallett  
#12 Posted : 27 September 2013 11:38:01(UTC)
Rank: Super forum user
Frank Hallett

This is definitely a Friday post but you've sucked me in!! If those who supervise and manage on behalf of the employer do not follow the rules, the following are potential consequences [in no particular order of importance]:- Employer liable for Enforcement action; Individuals concerned liable for Enforcement action; Total loss of credibility of employer if they fail to address the the breach of rules in a meaningfull way; Total loss of credibility and ability to effectively mamage or supervise the workforce who now perceive that the employer only pays "lip-service" to the legal requirement to effectively manage safety and their own rules; Other employees basing future [less than adequate] actions on the perceived lack of appropriate enforcement and control as being the "the way it's really done here". Any of which could then create the conditions for a future RIDDOR Reportable with everything that comes from that!! I'm going for a coffee now. Frank Hallett
DavidGault  
#13 Posted : 27 September 2013 13:34:49(UTC)
Rank: Forum user
DavidGault

forget about managers being involved and just ask yourself what you would do if an employe fo any rank did it. That's probably just a long winded way of saying what ClaireL said. If it happened on any of the sites I have worked on in the past they would be sacked.
Tony Woodside  
#14 Posted : 27 September 2013 15:03:36(UTC)
Rank: Forum user
Tony Woodside

Perhaps a full review of policies and procedures may be needed.
hopeful  
#15 Posted : 27 September 2013 15:43:06(UTC)
Rank: Super forum user
hopeful

For me it would depend on the outcome of the investigation - why did they feel the need to do this - were they under production pressures, more senior managers putting pressure on them, was it causing a more dangerous risk? Once the investigation has been done you need to consider this situation without prejudice, perhaps if they are very contrite they should have a final warning and more training and supervision and make sure others are aware of the implications of breaking policies. Also review what the HR policies state on action available depending on incident.
Nicola Kemmery  
#16 Posted : 27 September 2013 16:08:30(UTC)
Rank: Forum user
Nicola Kemmery

Clairel wrote:
Sometimes there is no reason other than sometimes people do stupid things. That's part of what makes us human. We ALL do stupid things sometimes. You ask any investigator. If I had a pound for the times an injured person said to me during interview that they didn't normal do that and don't know why they did that. I'm not saying it's right or can be ignored but it is human to just do something stupid and not know why you did it other than you were being stupid and not thinking about the consequences. Hard to make a judgement call on what action to take as I have no information on what their behaviour had been like up to that point. So, assuming no previous problems I would say sacking would be harsh. A formal disciplinary - yes. (Re) Training on H&S duties - yes. Management should also use the incident to reinforce the company message to everyone. H&S applies to everyone not managers. Action will be taken against those that breach safety rules etc etc.
I would support all this - with the added corrections!
Graham Bullough  
#17 Posted : 27 September 2013 16:38:25(UTC)
Rank: Super forum user
Graham Bullough

From the inherently limited information available to forum users about the full circumstances and background I'll third the views which Clairel gave in posting #6 with its subsequent corrections. If I was involved in investigating the circumstances, I'd want to explore the background about what actually happens at the premises rather than what the rules say or what people think happens. i.e. were the two managers doing what other employees without FLT training sometimes/occasionally do? Also, did either of the two managers have any prior experience of driving FLTs even though they hadn't been formally trained and authorised to drive FLTs? From my experience of many investigations over 35 years in OS&H I've found that some people are very quick to pontificate and condemn others despite knowing very little of the circumstances, contexts and backgrounds involved. Some replies to this thread appear to suggest that their writers are committed members of the "flog 'em, sack 'em" brigade! :-)
Merv  
#18 Posted : 27 September 2013 17:37:34(UTC)
Rank: Forum user
Merv

This is no longer an HSE problem. It is a senior management problem in which HSE will have some input. Any inquiry and decision on disciplinary action is entirely up to management. In fact I would suggest that the inquiry be chaired by the site manager or higher. Not the HSE person. This would emphasise senior management's responsibility for and commitment to HSE. Merv
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