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Djrossiross  
#1 Posted : 11 March 2016 10:22:40(UTC)
Rank: New forum user
Djrossiross

As a HSE officer for a sub-contracting company, I have visited a site that has major non compliances and is dangerous. They have ignored the recommendations of my reports and the site is now getting worse.

Should I report the main contractor to HSE, even if it means I might lose my job for damamging my employer commercially?
hilary  
#2 Posted : 11 March 2016 10:30:11(UTC)
Rank: Super forum user
hilary

Can you live with yourself if someone gets hurt and you could have avoided it?
Invictus  
#3 Posted : 11 March 2016 10:41:25(UTC)
Rank: Super forum user
Invictus

How likely it is that you will get another job, continue to report and raise matters on site, remember they are grown men/women if they take no notice then isn't thier responsibility.

Explain to other workers who might be acting in a safe manner what the consequences could be for them.

I could live with myself if some halfwit decided to go against what I told and got hurt or killed, not sure what life my family would have without me earning.
westonphil  
#4 Posted : 11 March 2016 11:30:28(UTC)
Rank: Super forum user
westonphil

That is a million dollar question. I'd ensure the senior management receive your report and which is objective and which also considers how to make improvements etc.

If what you report as high risk comes to pass and someone has a serious accident then it will be the employer / senior management who the HSE will then need to speak with etc.

You/we are advisers, we are not the directors / managers of the company / employees.

Regards
James Robinson  
#5 Posted : 11 March 2016 11:36:30(UTC)
Rank: Forum user
James Robinson

Why not position yourself somewhere in the middle................
email something like,
Dear X, as part of my role I visited the site again recently to note that none of my recommendations have been implemented and standards remain poor. Accordingly I see little point in future visits that will do little more than generate duplicate reports of my previous visits, that are not acted upon. I consider that I have fulfilled my role in bringing this to your attention, and that the current site standards, deterioration, or improvement, now rest with yourself.
Alfasev  
#6 Posted : 11 March 2016 11:42:46(UTC)
Rank: Super forum user
Alfasev

What I have found useful in this situation is to find a prosecution case with similar failures just to highlight the risk to senior managers and the company. Just bear in mind the new sentencing guideline which makes sobering reading for those involved.
stevedm  
#7 Posted : 11 March 2016 11:43:28(UTC)
Rank: Super forum user
stevedm

let me ask this question...are all the non conformance's you have identified high risk/medium risk/ low risk?...why not use the cost of each based on the risk and present it in that way....or the risk of losing the contract....or suggest a few solutions...ist a bit like crtisisng someones driving...everyone is perfect in thier own eyes...

Djrossiross  
#8 Posted : 11 March 2016 15:48:31(UTC)
Rank: New forum user
Djrossiross

Thanks for the advice - nice to know most of you advocated the course of action I had already followed.

It's always a worry.
toe  
#9 Posted : 11 March 2016 19:26:45(UTC)
Rank: Super forum user
toe

Correct me if i'm wrong the title of the post is 'whistle blowing' I was under the impression that whistle blowing is protected by Law and you cannot loose your job over it.

It is in the interest in protecting others? If it is then your job may be protected.
ricci  
#10 Posted : 11 March 2016 23:10:35(UTC)
Rank: Forum user
ricci

The legislation is the Public Interest Disclosure Act 1998 and the reason for the disclosure must be one of those listed the H&S is covered by:- "that the health or safety of any individual has been, is being or is likely to be endangered",and provides that you can take a case to an IT if you suffer detriment as a result of your report. It can be hard to prove detriment
MikeKelly  
#11 Posted : 12 March 2016 18:07:11(UTC)
Rank: Super forum user
MikeKelly

Very difficult position given the poor track record of people using PIDA especially if you want to keep your job.
Same thing for lots of people using employment protection laws=complain/take action or keep your head down and hang onto your job-hopeless
You could always use Public Concern At Work-a whistle blowing charity which may help/or advise you and which provides a safer means of getting the message over without putting your head over the parapet-easy contact on the net.
Pretty well all commentators inc MP's find that whistleblowers are poorly protected-and you wouldn't want to try it in the NHS-see Private Eye ad nauseum
Or you could send me details and I'll do it for you if possible. I'm retired and live in la belle France so they'll find it difficult to do owt here
Regards
Mike
PS And people are always saying that we should learn the language and use the culture of management to get our advice over effectively, yeah right. What sort of leadership is that then?
johnmurray  
#12 Posted : 12 March 2016 18:24:43(UTC)
Rank: Super forum user
johnmurray

Good luck with becoming a whistle-blower.
Your protections are poor.
Employers have much history of ignoring any laws they like (the recent blacklisting scandal against mainly union people proves that (35 million and counting)).
As said, even the NHS ignores employment laws. H&S laws are regarded as inconvenient as well.
Since 25 June 2013, workers must now ‘reasonably believe’ that their disclosures are made in the public interest, before they receive protection from dismissal or detriment caused by their disclosure. ‘In the public interest’ has not been defined. Individual Employment Tribunals will be left to decide the precise meaning. Note that it now costs loads to actually make it to a tribunal, and the outcome is in no way guaranteed.
I do not recommend becoming a known whistleblower. Your employment prospects in the future will be extremely poor; if any.
ACESAFE  
#13 Posted : 01 April 2016 14:30:54(UTC)
Rank: Forum user
ACESAFE

Whats the problem just ring up or email or send a letter with all the non-conformities to the HSE, Fire brigde or environment agency anonymously and they will come in an sort the employer/site out nobody will know who whistle blew, it could be a member of the public, contrator or uion rep who sent it, after all thats what the HSE poster has the local hse office number on for, Ive done this a few times and it always get the situation resolved, strange how somebody outside the organisation out of the contol of the paymasters gets things done AKA the Authorities.
johnmurray  
#14 Posted : 03 April 2016 11:41:17(UTC)
Rank: Super forum user
johnmurray

ACESAFE wrote:
Whats the problem just ring up or email or send a letter with all the non-conformities to the HSE, Fire brigde or environment agency anonymously and they will come in an sort the employer/site out nobody will know who whistle blew, it could be a member of the public, contrator or uion rep who sent it, after all thats what the HSE poster has the local hse office number on for, Ive done this a few times and it always get the situation resolved, strange how somebody outside the organisation out of the contol of the paymasters gets things done AKA the Authorities.


No they won't. And don't. Been there, done that. And if the HSE regard the whistleblowing as "malicious" they will not, under pressure, keep your name secret. And if anonymous, they won't bother. Staffing problems old chap.
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