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martcon47  
#1 Posted : 11 February 2019 11:31:17(UTC)
Rank: New forum user
martcon47

I have a situation whereby an employee who has a current personal injury claim against one of our trading business who is refusing to sign training documents. The training has been re-given post claim due to the business losing the previous records. I guess the employee is worried that this could effect their current claim. Part of the businesses policy is for the records to the signed to demonstrate that the training has been given or that they acknowledge attendance.

Is the employee in contravention of section 7 (b) of the Health and Safety at Work? 

Any suggestions on how to manage this situation?

 I may also look at getting them to sign a statement indicating their objections. Failing that, if they are a union member, a statement from their representative perhaps.  

Brian Hagyard  
#2 Posted : 11 February 2019 12:49:06(UTC)
Rank: Super forum user
Brian Hagyard

I don’t think refusing to sign is a breach of section 7. If the employee refused to follow the training, or misuse a piece of equipment provided as part of that training then it would be a different matter. While it’s nice to get a signature all it ultimately proves is that they have signed a bit of paper. It in no way demonstrates that they actually understood the training, or that the training was adequate. If they refuse to sign I would get the trainer to make a note on the records that this was the case.

thanks 3 users thanked Brian Hagyard for this useful post.
A Kurdziel on 11/02/2019(UTC), martcon47 on 11/02/2019(UTC), Dave5705 on 12/02/2019(UTC)
Roundtuit  
#3 Posted : 11 February 2019 13:28:16(UTC)
Rank: Super forum user
Roundtuit

What is the wording at the signature line?

Have to agree if it merely states "was present" or "attended" there is no good reason not to sign.

On the other hand when presented with documents that gave war and peace legalese just wrote the word attended and then signed across to prevent it being removed or covered up..

A Kurdziel  
#4 Posted : 11 February 2019 13:37:11(UTC)
Rank: Super forum user
A Kurdziel

Sorry to bore people (similar response twice in one day!) but the issue is one of competence not training. The employer must believe that the employee is competent to do a job safely not just having signed piece of paper saying they have attended training. If an employee was to refuse to take part in training then the employer would be perfectly in their rights to sack them; if they simply refuse to sign a piece of paper, that is just them being a pain and I suppose they could be disciplined under company policy but it does not look like a breach of section 7 (which of course can only be prosecuted by the HSE)  

martcon47  
#5 Posted : 11 February 2019 14:00:40(UTC)
Rank: New forum user
martcon47

Originally Posted by: Roundtuit Go to Quoted Post

What is the wording at the signature line?

Have to agree if it merely states "was present" or "attended" there is no good reason not to sign.

On the other hand when presented with documents that gave war and peace legalese just wrote the word attended and then signed across to prevent it being removed or covered up..

[There is just a signature line saying that they were present or attended. I agree with other quotes that its more a breach of policy then Section 7 Thanks for your quote.]

Zyggy  
#6 Posted : 11 February 2019 16:55:25(UTC)
Rank: Super forum user
Zyggy

I wouldn't get too hung up about signatures on training records. I was involved in one claim where the employee was shown a signed training record in Court & promptly declared that it wasn't his signature!!
thanks 1 user thanked Zyggy for this useful post.
nic168 on 12/02/2019(UTC)
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