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NBBeacock  
#1 Posted : 10 October 2018 09:38:58(UTC)
Rank: Forum user
NBBeacock

Hi,

 We have had a case where an employee have defaced safety signage within the factory. I may be wrong but I thought that there was a specific area that made this an offence under HASWA. I haven't come across this before exept on a training course years ago which is why I had something telling me it was an offence. Can anyone point me in the right direction or just tell me I'm wrong.

Thanks

Evans38004  
#2 Posted : 10 October 2018 10:17:18(UTC)
Rank: Forum user
Evans38004

You may be able to quote Section 8 of the H&S at Work Act 1974 that requires that "no person shall intentionally ... interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions."

I can't see the HSE pursuing your defacing a safety poster as an offence - your management  team could use this to take disciplinary action 

thanks 2 users thanked Evans38004 for this useful post.
NBBeacock on 10/10/2018(UTC), nic168 on 10/10/2018(UTC)
NBBeacock  
#3 Posted : 10 October 2018 10:25:49(UTC)
Rank: Forum user
NBBeacock

Originally Posted by: Evans38004 Go to Quoted Post

You may be able to quote Section 8 of the H&S at Work Act 1974 that requires that "no person shall intentionally ... interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions."

I can't see the HSE pursuing your defacing a safety poster as an offence - your management  team could use this to take disciplinary action 

Thanks this is to be used internally as we have identified someone who is a persistant offender for whatever reason he takes great pleasure in it ??

Elfin Davy 09  
#4 Posted : 10 October 2018 10:31:48(UTC)
Rank: Super forum user
Elfin Davy 09

Assuming you have the evidence to prove who did it, I would definitely take disciplinary action against the person, if only to deter others who may see it "as a laugh" to copy him/her. 

Depending upon your HR policies on vandalism (which is essentially what it is), it could even be argued that this is a "gross misconduct" offence, which could render the person liable to summary dismissal (and it might be worth stressing that point during the disciplinary process, even if you decide not to take up the ultimate option).

Self and Hasty  
#5 Posted : 10 October 2018 15:19:39(UTC)
Rank: Forum user
Self and Hasty

If you have proof it was him, and by the sound of it his attitude is defiant and cocky, just gross misconduct him goodbye. If you have proof it was him he hasn't got a leg to stand on and his attitude alone is a liability that could lead to incident, accident or even just negative culture in your workplace, don't let one bad apple spoil the barrel, cut him out. set an example.

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