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Pasa  
#1 Posted : 23 November 2011 16:59:25(UTC)
Rank: Forum user
Pasa

Hello everyone I have a friend who used to work for a international engineering company base in our town and after four and half years she had to leave that job. Apparently she was working with chemical solutions, solvents and inks. Since she had started her work, she started having lots of health problems (Migraine, Morning sickness. Eye, throat,nose and skin problems and finally ended with depression). She says there is a thermometer which it has been fixed on 16 Celsius, summer and winter. She was bullied because she was the only one who was complaining about the work condition,ppe and ventilation says she did not have any PPE what so ever. The unit was too close to high voltage electric pole as well. I have to say it is not just her who has got these problems. Some of the staff feel just headache and some feel fainting and so.. She was invited to HR on few occasions and was bullied to stop complaining.Just for your information, she is migrant worker. I have just finished my National general and for that reason I am short of experience. Could some one tell me if we should take this case to HSE? Let me thank you in advance for your time and replies
RayRapp  
#2 Posted : 24 November 2011 08:37:54(UTC)
Rank: Super forum user
RayRapp

Could some one tell me if we should take this case to HSE?' If you and your friend who has since departed from the company feel so strongly about the unhealthy conditions then there is no good reason not to make a complaint. You need to be specific by citing potential breaches of regulations or providing evidence of unhealthy conditions. Not sure what the thermometer 'fixed at 16c' is supposed to mean. 16c is within the tolerance for a workplace or do you mean it has been deliberately tampered with so it shows 16c? If your friend is considering making a civil claim then there is little advantage in contacting the HSE, unless the HSE prosecute (unlikely) the company and you can then cite 'breach of statutory duty' along with your negligence claim.
hilary  
#3 Posted : 24 November 2011 11:27:38(UTC)
Rank: Super forum user
hilary

Yes, the worst that can happen is that the HSE decide not to take it further, but if you don't at least say, then how can things get better?
tabs  
#4 Posted : 24 November 2011 14:29:37(UTC)
Rank: Forum user
tabs

We have a system for you to report your concerns, and I would say that your friend should follow that system. Yes report it. We should not withhold a complaint just because we think it might lead to nothing - because often it will lead to improvements for those still there or those yet to come. If the company is doing nothing wrong, you will not have caused any trouble. If it is harming the employees, you will have done something good. I disagree with Ray a little, you do not need to know any specific breaches of regulations - you only have to tell the HSE what your thoughts are. They will be able to decide if there should be any further action. The HSE website shows you how to raise a complaint.
Pasa  
#5 Posted : 24 November 2011 17:19:29(UTC)
Rank: Forum user
Pasa

Thanks for your comments. About temperature I meant that even when it was 10 c it was showing 16. Personally I am not looking for anything out of this. I am a foreign national as well and in past 11 years I have witnessed violations of HS Rules and Regs from both (employers and employees) on so many occasions and this is why I have decide to work in this sector and try to put stop to this kind of practices. One company employees a well trained HS officer and spends millions to protect staff,members of public and environment and another one just violates. Are these same? No. This person have been subject to harassment, harsh working condition and exposed to Lots of harmful materials. I think we should promote these actions (exposing and reporting) as a HS practitioner. Could you please tell me are we to protect employees or multi million £ companies profits? Thanks again
Canopener  
#6 Posted : 24 November 2011 19:54:24(UTC)
Rank: Super forum user
Canopener

I must admit I looked at this a couple of times last night and was wondering about the underlying motivation. Regardless the ‘exploitation’ of migrant workers/foreign nationals is something of a concern in both employment and health and safety terms, and the HSE have some information on their website that deals specifically with this issue http://www.hse.gov.uk/migrantworkers/ As others have said, you have little or nothing to lose by reporting the problems to the HSE, and while you might not personally get anything out of it, it may very well be of benefit to others working at the same company and prevent further exploitation. You do NOT have to provide details of breaches or any evidence, and I suggest that you don't go down that route, that is for the HSE to do. You merely have to make your complaint, keep it factual and to the point, and you can do this either in writing or by phone. This is an entirely confidential process and I think that I am right in saying that you do not normally have to give your name, but even of you do, the HSE won’t pass this on. Whether or not anything comes of it is to some degree in the ‘lap of the Gods’ but it arguably your ‘moral’ duty to do so for the protection of others. If you have other concerns about other aspects of the way that an employer is treating migrant workers you may also be able to get some help from Public Concern at Work who can also offer you free and confidential advice about ’wrong doing’ at work, and if necessary point you in the right direction. http://www.pcaw.co.uk/
Graham Bullough  
#7 Posted : 25 November 2011 02:31:21(UTC)
Rank: Super forum user
Graham Bullough

pasa The HSE website contains useful information about making complaints about health & safety matters at http://www.hse.gov.uk/co...workplace-complaints.htm In the past HSE would accept complaints from anonymous people. However, the HSE website information states that nowadays the HSE does require complainants to give their names and contact details for various reasons. One reason is that in some cases, inspectors may wish to contact complainants for further information or to check details before they visit to investigate. However, HSE will not reveal such information to employers, etc unless complainants have agreed to HSE doing this. As other responders have already mentioned, there is no need for complainants to tell HSE which laws they think are being broken. Although making a complaint seems unlikely to benefit your friend, it could very well help other employees at the workplace if their health and/or safety continues to be put at risk by inadequate conditions. If the workplace has existed for some years, it is probably known already to HSE. However, depending on how many years it has existed and to what extent OS&H problems have been noted by inspectors in the past, it is possible that the workplace may have had few visits and little scrutiny from HSE. Also, if your friend still has problems with her health which she thinks were caused by poor conditions at the workplace, it's probably worth mentioning this fact to HSE even though she has left the workplace and therefore HSE cannot help her. HSE is understandably wary about untruthful complaints made for malicious reasons e.g. by persons who have been sacked for misconduct. Therefore, if it is known that others still at the workplace have health problems, this should certainly be included in the complaint information to help HSE gauge its validity and also to decide what priority should be given to an investigation.
A Kurdziel  
#8 Posted : 25 November 2011 11:43:56(UTC)
Rank: Super forum user
A Kurdziel

I am assuming that this is in the UK?
peter gotch  
#9 Posted : 25 November 2011 12:53:37(UTC)
Rank: Super forum user
peter gotch

Reference Graham's point, traditionally HSE Inspectors have been well-versed in how to not tell an occupier that they have received a complaint, e.g. by carrying out a diagnostic "routine" inspection and then homing in on the subject of the complaint. Now that HSE has announced that it will no longer do routine inspections of large sectors of industry etc, it will now be much more difficult to hide the fact that an Inspector is following up a complaint, where the complainant (often rightly) does not wish to identified.
HSSnail  
#10 Posted : 25 November 2011 13:12:48(UTC)
Rank: Super forum user
HSSnail

Peter Attended an interesting training session a few year ago on the implications of PACE and in particular code B I think it is. This is the one to do with undertaking a search when you believe an offense may have taken place. It is suggested that this is something the enforcement agencies, HSE, LA etc do when they receive a complaint. As such if they try ad undertake a search under the pretence of a routine inspection and it can subsequently show they were there because of a complaint they would be in breach of PACE. Some people go so far as to say they should serve a code B notice to inform the employer why they are there, others say that they must simply tell the employer that there has been a complaint - but not who has made it, but should not pretend that the visit is routine. I am not aware that this has ever actually been challenged in court or that this is true, but it is one legal opinion I have seen expressed.
Pasa  
#11 Posted : 25 November 2011 16:31:29(UTC)
Rank: Forum user
Pasa

Hi again. Thanks for your replies. Your information have lit the dark areas which I am sure will help both, me and my friend. I have to say since the day she talk about her experience in that place, all bed memories have come back and she was telling me she started to have sleep problem again. Well, my friends, yes this is happening in UK on daily bases. Few months back there was a program from panorama regarding workshops in Leicester which were making clothing for some big brands here in UK and it showed under what condition these cloths were made. Any way, all of you have been helpful and we will be fallowing the leads. If you need more info pm me. Pasa
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