We have operatives who refuse to use the welfare facilities for breakfast and lunch. The facilities are very clean, spacious and provide all the necessary furniture, fixtures and fittings. The operatives who are MVR operatives prefer to eat and drink at their workstation by their tools. What is the general consensus as to what action to take? Force them through the use of discipline (have already tried the quiet word in their ear) or leave them to do hat they want. From a legislative point if view the facilites are there for them to use (You can lead a horse to water, but you can't make it drink - springs to mind). What action would the HSE take is another question?

Hi Chrisp,

Although construction is not my area of expertise and I do not have a clue what MVR operatives are. I am assuming that you have a concern with staff eating and drinking at their computer terminal (workstation). Personally I do not have an issue with people eating and drinking at their workstation as I believe this to be a low risk activity. I also believe that HSE would not give a hoot about people eating and drinking at their workstation unless MVR in itself is a high risk activity in that it will cause serious harm. I also believe that people should have a freedom of choice in where they eat or drink. To be honest if someone at my work told me I could not eat or drink at my workstation in my lunch hour I would come to the conclusion that health and safety had gone mad.

Kind Regards

Derek

Hi Chrisp,

Fair one fella now that you have fully explained your initial post. I would have the same concerns as yourself. I am assuming that it is not possible to re-sight the workstations away from the hazards that you describe ?

I try and avoid quoting the law and the threat of using discipline wherever possible as I have found that it has a negative effect.

I think in your situation I would issue a general company memo somewhere along the lines of that in order to preserve the duty of care in law that the company has towards it's employees it has unfortunately been decided that it is necessary that without exception all staff must use the welfare facilities provided. If staff are unwilling to use the welfare facilities provided it will be necessary to remove you from the site without pay as the company are not willing to accept the risk of legal action been taken against them. The company regret this course of action and are of course willing to discuss any other suitable alternative arrangements that staff come forward with.

I think this covers all the angles without the direct threat of discipline and you have also given staff the opportunity to discuss the issue.

Kind Regards

Derek

No worries mate,

Hope it goes well for you

Derek

Chrisp, address the question why and you may be closer to solving the problem.

It is quite normal for cliques to evolve in a workforce and also natural for colleagues to dislike each other to the extent that they have no wish to socialise with each other. Possible bullying, differences in political, religious, cultural views, support of opposing football teams, racism, xenophobia or just plain obnoxious people.

Dave makes some interesting observations, which many of us will be able to relate to and he is right in saying that if you can find out the ‘why’, you are going to be a lot closer to the solution. I must admit, with a profile that says construction,

I was also at a loss to know what MVR was. It is still difficult to be able to visualise the situation and you do need to go back to the question of what the risks of them eating at their workstations are and if you consider the risks are unacceptable then you should treat this as any other risk. Arguably only you can answer that as you have ‘eyes on’ the situation.

However, I found the post at #5 to be something of a mixed message, on the one hand it says “..avoid quoting the law and the threat of using discipline..” and “without the direct threat of discipline..” with a solution of “in order to preserve the duty of care in law..” and “..remove you from the site without pay..”. All in all this seems to be rather ‘at odds’ with each other and I am not convinced that you can ‘dock’ their pay in this situation anyway.

It’s your site, you’re the employer, so you set the rules about how the premises is used and if you feel that the risks of eating at their workstations are unacceptable then you need to take action just as you would with any other risk. Although it shouldn’t be your first resort, IF having exhausted other reasonable avenues you have to use discipline then you shouldn’t be afraid to. While you may not be able to force them to use the facilities, I would have thought that you can within reason control where they CAN’T eat.