Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
bryan_1324  
#1 Posted : 27 March 2014 10:32:58(UTC)
Rank: New forum user
bryan_1324

I am attempting to introduce a policy into the company which deals with disciplinary action for individuals who breach health & safety rules.
I'm considering developing a system as follows:

1st breach will be dealt with by a verbal interview which will be summarised and recorded in an incident book. i.e. Verbal warning issued.

2nd breach will be a formal interview which will be recorded contemporaneously and a written earning given.

3rd breach will be dealt with as at 2nd breach, but final written warning given.

My MD has asked if any one breach will be treated more serious than another. What will the time lines be that , the warnings will last for, before they are expunged.

Can anyone help me with this please, I'm looking for a firm but fair way of keeping our staff safe.

Many thanks

PIKEMAN  
#2 Posted : 27 March 2014 10:44:20(UTC)
Rank: Super forum user
PIKEMAN

This is a minefield. OK if someone breaches H&S rules, by all means hold them accountable. THEN GO STRAIGHT TO THEIR LINE MANAGER AND HOLD THEM RESPONSIBLE. It is line managers who should be held to account - if they are you will, sure as shot, see their teams members complying, in my experience.
jay  
#3 Posted : 27 March 2014 10:45:29(UTC)
Rank: Super forum user
jay

Not all breaches need to have 3 warnings!

Some of the very serious breaches ( such as sabotage /willful gross misconduct) can result in dismissal at the first instance. It is never that clear cut and ultimately each case needs to be dealt with on an individual basis. It also depends upon the mitigating factors that are likely to vary.

Therefore, it is very important that your health & safety rules have been thought through, ideally consulted upon if practicable, communicated effectively , including consequences of the breach, and there is consistent application of the "consequences" after an effective investigation.

Going back to basics, do you have a safety culture problem? If so, this is only one aspect and you need to consider why there is breach of discipline if it is rampant!
bryan_1324  
#4 Posted : 27 March 2014 10:58:30(UTC)
Rank: New forum user
bryan_1324

Thanks so far for the answers. the company that I am now working for have not had any health & safety input for 13yrs, and they have brought me in to bring them into modern times. I am having to write all of the ploicies from scratch.
Steve e ashton  
#5 Posted : 27 March 2014 11:53:26(UTC)
Rank: Super forum user
Steve e ashton

Bryan: You might be best trying to read the ACAS guide here: http://www.acas.org.uk/index.aspx?articleid=2174


Discipline is a minefield and to avoid problems any policy (and any action taken) MUST follow the principles set out in the ACAS guide...
walker  
#6 Posted : 27 March 2014 11:54:13(UTC)
Rank: Super forum user
walker

I'm with Pikeman,

Unless of course, you want to be a total figure of hate who no one will co-operate with and go out of their way to sabotage.
A Kurdziel  
#7 Posted : 27 March 2014 12:02:14(UTC)
Rank: Super forum user
A Kurdziel

This is moving into the realms of HR and as I assume you don't have a HR person to hand you could have a look at the Chartered Institute for Personnel and Development. They are to HR what IOSH is to H&S.
Start here possibly: http://www.cipd.co.uk/hr...-grievances-at-work.aspx
I think you might need to log on their website
paulm69  
#8 Posted : 27 March 2014 12:31:25(UTC)
Rank: Forum user
paulm69

I wonder what would happen to an employee who is caught committing a criminal offence while using company equipment, for example, the MD gets caught speeding in his company car. Consistency is everything!
L McCartney  
#9 Posted : 27 March 2014 12:33:55(UTC)
Rank: Forum user
L McCartney

Your disciplinary procedure should follow your HR procedure as stated above. Also, there is gross misconduct which is suspension right away and if found is usually losing job without the three verbals and three written warnings.

Some places have non-conformance slips for 'very minor' (which I wouldn't try to guess what that is!) and if any employee reaches a set number then it goes to HR.
Canopener  
#10 Posted : 28 March 2014 13:51:42(UTC)
Rank: Super forum user
Canopener

Actually I don’t think that this is a ‘minefield’; at least it needn’t be (although I accept that employers do seem to get it wrong time and again). I suggest that the creation of your disciplinary policy/procedure is a matter for HR, and they should ensure that it meets the requirements of ‘natural justice’ and the ACAS guide. To most HR professionals this is ‘bread and butter’. If the policy complies with the principles AND you follow the procedure, then you shouldn’t have too many problems.

It follows that while a manager MIGHT have some responsibility for a breach committed by one of their subordinates, this won’t necessarily always be the case and to hold to hold a manager responsible for all such breaches would be a breach of the above principles.

Bryan, I would leave this to the HR (if you have such). I can’t help but feel that your suggested ‘1,2,3’ approach is flawed. Each case needs to be dealt with on its own merits and depending on the circumstances you could go straight to either 2 or 3 for a first offence or there is a possibility of dismissal (which you haven’t mentioned’).

Your disciplinary procedure needs to be ‘tight’ and meet the ACAS principles; or you can expect to get ‘bitten’ and that could prove expensive both in time and money. HR!
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.