As the Health & Safety Manager of a construction based company, i made the decision to prohibit an employee from operating Fork Lift Trucks in September 2015, after three incident and investigation reports in around 10 months concerning this operator in a Telehandler, and many others down the years before i joined the company.

I wouldn't normally take such drastic action, but the nature of these serious incidents suggested lapses in concentration, extreme carelessness, poor decision making, and an absolute lack of responsibility and accountability for the incidents. I strongly felt that another incident would be reasonably foreseeable if he continued to operate the Telehandler. 

As part of a disciplinary process, the operator was initially prohibited for 12 months, after which time he would undergo a review. During this review, it was apparent that he continued to fail to accept any responsibility for his actions. It was therefore decided between myself and the HR Director, that the prohibition would continue for a further 12 months. 

Well, to bring this right up to date, the MD wants this guy back behind the Telehandler, as it is causing 'operational problems'. When he asked myself how i would introduce an prohibited operator back behind the wheel, i said normally he would firstly receive retraining/refresher training and assessment. Secondly, we would produce a reintroduction risk assessment, followed by a meeting with myself and HR, whereby we would reinforce standards and expectations to the operator. Then we would consider a gradual reintroduction with review and evaluation. However, i strongly advised against this course of action with this operator, as i felt it was so foreseeable that another incident would take place, that i couldn't adequately manage the risk.

Obviously, the MD was thinking a quick refresher training tomorrow followed by back on the forks on Friday, and to say we had a difference of opinion would be an understatement. I already have proof that this operator has received a directive to operate the Telehandler, in the last 5 or 6 weeks, due to 'operational need'. This was all done underhand, without my knowledge.

Every fibre in my body is waving a red flag and ringing a bell regarding this operator. I've never had such a feeling of impending doom in my entire career. The MD is of the opinion that my action is too extreme, and is close to overruling my decision.

Therefore, the question is - Am i being too extreme?

I don't feel confident enough to manage this risk, and my position is becoming more untenable by the day.

Any advice would be greatly appreciated.

So your MD sees fit to override a decision made by the HR Director. I take it you're some considerable way down the food chain. Is this really your risk to manage?

I think not. What is at jeopardy is your future credibility. The MD may be making your position untenable.

Whilst I fully sympathise with your 'evidence-based' approach, I don't understand the organisational responsibilities. Surely both you and the HR Director are 'staff' who advise the 'line' managers, etc. who are directly accountable for all that happens in their areas of responsibility? So did this ban also involve the person(s) for whom the operator works. If not, then I'm not surprised at the clash of views that is now happening.

I've always tried to be clear about my 'advice' to line personnel. I'd always take extra care to 'consult' rather than 'tell' in tricky situations - in this case, to ensure that my 'evidence' about the lack of competence/responsibility was truly a fair judgement. Also to move from verbal advice to written if my initial advice seems not to be taken seriously enough even after a follow-up conversation, with the wording also escalating from 'strongly advise' towards 'advise in the strongest possible terms', plus my professional designatory letters after my signature, and also escalating up the management chain to towards the MD. But, in the end, if the MD carries the can, s/he must also be allowed to decide for themself how to run the business. Of course, you also have to decide if you wish to continue to work for the organisation, and adjust the details of your advice accordingly as you deliver it!

Sounds to me like there is a breakdown with the safety culture. The guy was banned for 12 months and came to a meeting and showed no no acknowledgement of his dangerous actions. He is either extremely niave or just doesn't care. In spite of this the MD amongst others are calling for his return, rather than moving him over elsewhere and bringing in a replacement. No wonder your alarm bells are ringing.

We once had a FLT operator who seened to think that his work was some sort of video game.

After sending him on a refresher course he returned to work and within two weeks he had virtually severed the foot of another employee who was walking in a designated pedestrian walkway.

Subsequently he was alchol and drug tested.

Guess what ?... He failed on the drugs.

Some drivers are an accident waiting to happen that will happen. I think getting the Director on an IOSH Directing Safely course may well open his eyes to his duty of care and possible outcomes.

Furthermore make sure you keep an auditable trail of all you correspondence regarding this matter.