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TEDY  
#1 Posted : 17 March 2014 09:38:02(UTC)
Rank: New forum user
TEDY

Hi! Can anybody tell me about a good disciplinary action which can be taken by a company against those who do not use their PPE as and when required and also to those who do not follow Health & Safety Procedures, practising unsafe act, etc..
A Kurdziel  
#2 Posted : 17 March 2014 09:38:08(UTC)
Rank: Super forum user
A Kurdziel

sack 'em to encourage les autres
bob youel  
#3 Posted : 17 March 2014 11:00:19(UTC)
Rank: Super forum user
bob youel

Ref section 7 as well as the company rules additionally the employees manager should be disciplined for allowing such things to happen in the first place
ExDeeps  
#4 Posted : 17 March 2014 13:12:47(UTC)
Rank: Super forum user
ExDeeps

How's about, in strict accordance with the HR policy on disciplinary and capability processes; Verbal warning, written warning and so on, with everything written down so you're not embarrased at the industrial tribunal. Whatever you do, don't make it up on the run or after the fact. Or, if you don't want to go formal, have a word with their mates to find out why they think they're not playing and then have a chat with the transgressor where you offer to leave 'em alone if they play nicely or you'll go down the verbal, written warning etc route. Jim
IanDakin  
#5 Posted : 17 March 2014 13:48:11(UTC)
Rank: Super forum user
IanDakin

Jim is right. And always make sure you keep clear records and follow your own procedures and policies - H&S as well as HR. Have you asked your HR Manager what they think? Ian
peter gotch  
#6 Posted : 17 March 2014 13:58:44(UTC)
Rank: Super forum user
peter gotch

TEDY I'd be wanting to try and find out WHY they are not following your procedures first. Are personnel faced with methods of work that are not user-friendly, might not be adequately trained and supervised etc etc. Might be a safety culture that influences non-compliance.
James Robinson  
#7 Posted : 17 March 2014 16:24:29(UTC)
Rank: Forum user
James Robinson

As per Jim. I have also found standing there, taking a photo and stating that this will be printed and placed on their personal file for future reference eg claim, ill health etc. normally gets them thinking.
stevie40  
#8 Posted : 17 March 2014 17:32:39(UTC)
Rank: Super forum user
stevie40

Out of interest, before you launch down the disciplinary route, has the softly softly approach completely failed? Two things I would do. 1) Ask in a straightforward manner, "why do you not wear the eye protection we have provided for you?" It might turn out to be a comfort or practicality issue in which case you need to do something. 2) Toolbox talk in the work area, without picking on individuals. The reminder that to date, surgeons are not performing eye transplants, brings home the fact that to lose an eye is final, no second chances. Once these routes have failed, along with the friendly chat approach, then yes, by all means go down the disciplinary route and record actions in the personel file. Consider dismissal at the end if the other unsafe acts are endangering other workers or the public. Finally, make sure you are above reproach in the provision of information, training, instruction and supervision.
Nikki-Napo  
#9 Posted : 17 March 2014 17:50:42(UTC)
Rank: Forum user
Nikki-Napo

TEDY wrote:
Hi! Can anybody tell me about a good disciplinary action which can be taken by a company against those who do not use their PPE as and when required and also to those who do not follow Health & Safety Procedures, practising unsafe act, etc..
I would only go down this route as a last resort. Have you tried doing a tour, and observing for yourself what goes on, asked questions as to the difficulty of using their PPE? Most people *will* respond if they feel their concerns are being taken seriously, as opposed to having rules and regulations forced upon them. Also, if nobody knows why they *have* to do something, they may well be rebelling. A little education might go a long way. Lastly, what is the culture like? Do management take HS&E issues seriously? observe them too, and you might be surprised as to what you find out/learn.
TEDY  
#10 Posted : 17 March 2014 20:06:29(UTC)
Rank: New forum user
TEDY

Thanks everyone for your advice..really helpfull!
Terry556  
#11 Posted : 18 March 2014 11:21:04(UTC)
Rank: Super forum user
Terry556

I always complete a breach report, then have the employee in the office with their supervisor, and go through a formal interview. to see if there are any underlying courses why he/she can't wear the PPE, I then decide whether to discipline or not, if it’s a frequent offender then straight to HR for disciplinary
CarlT  
#12 Posted : 18 March 2014 12:51:49(UTC)
Rank: Forum user
CarlT

First offence = quiet chat with offender and line manager about why they chose not to use the ppe and the reasons why they need to reconsider. Observation recorded in writing somewhere (in my case usually an email to the line manager about what was discussed) Second offence = formal interview, review of ssow,ra's,policies with offender and line manager written warning. Third offence = Sorry but we are terminating your employment with us in the interest of the safety of yourself and others.
Salis  
#13 Posted : 20 March 2014 15:41:17(UTC)
Rank: Forum user
Salis

Always helps, if you are doing an inspection of the site if you ask a couple of the lads if you could inspect the kit, this shows them you are taking an interest. And usually promotes awareness.
David Thomas  
#14 Posted : 20 March 2014 15:56:35(UTC)
Rank: Forum user
David Thomas

Very uncomfortable where is says involve HR managers . I am of the view that the senior H&S Manager should be equal to the H&S Manager. My previous Senior HR Manager in the public service stated a full time H& S professional was a luxury . The person also believed in self assurance with no regard to Safety Management Systems and is now can HR director with health and safety reportees. I am hoping IOSH can raise our professions status so that poor decisions such as this cannot happen.
johnmurray  
#15 Posted : 21 March 2014 08:19:05(UTC)
Rank: Super forum user
johnmurray

Always remembering that the vast majority of employees work in small companies with, at best, a "consultant" H&S "manager" and no HR at all. Many with limited PPE and limited interest in same.
stuie  
#16 Posted : 21 March 2014 21:56:21(UTC)
Rank: Super forum user
stuie

After numerous briefings, presentations and tool box talks we have just issued two final written warnings for failing to wear ppe - ear protection. Compliance has now risen to the levels that legislation dictates. Not my first choice but 'they' have has so may warnings etc that it needed drastic action to show that 'we' as management team were not going to tolerate low level non compliance.
ExDeeps  
#17 Posted : 23 March 2014 08:46:41(UTC)
Rank: Super forum user
ExDeeps

Thomas26098, If you are assuming that I am advocating getting HR Managers involved then you miss my point. HR must own the discipline and other management of people processes such as payroll and recruitment. There is and should be a distinction between HR and safety and what they deliver. I too work in an organisation where at some point safety reports into HR, but I make sure I don't tread on HR's area of expertise and they stay off my patch. We do work together though, for instance where disciplinary or similar action is required. From what you say I sympathise with you for the attitude of the HR director, Jim
ExDeeps  
#18 Posted : 23 March 2014 09:25:24(UTC)
Rank: Super forum user
ExDeeps

Actually, just remove "HR" from my first post at #4 and job jobbed, Jim
Corfield35303  
#19 Posted : 25 March 2014 17:16:25(UTC)
Rank: Forum user
Corfield35303

An interesting approach at one sites I am aware of is to discipline/fine the supervisor, rather then the employee.....
S Gibson  
#20 Posted : 26 March 2014 09:16:11(UTC)
Rank: Forum user
S Gibson

Surely it is quite simple,if the offender is putting himself and possibly others at risk they are breaching Health and Safety Regulations which are law,and should be disciplined,this will send out a clear message of the importance of ppi
S Gibson  
#21 Posted : 26 March 2014 09:18:23(UTC)
Rank: Forum user
S Gibson

Sorry, SHOULD READ PPE
martin1  
#22 Posted : 26 March 2014 11:56:21(UTC)
Rank: Super forum user
martin1

I worked for a manager once who told me the following: "If you find somebody doing something wrong blame the person standing next to them. Give them a good *ollocking as loudly as you can. The person who was doing something wrong will hear you and know not to cross you. The person you are giving the unjust *ollocking to will think you are raving made and will never doing anything to upset you in the future." I suppose the logic is sound but I could never bring myself to try it.
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