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Any Action/Prosecution for not attending training?
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#1 Posted : 29 October 2003 15:59:00(UTC)
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Posted By Francis MSc MIOSH RSP
Does anyone have any actual experience of what to do (or a Prosecution) of someone point blank refusing to attend Safety training?
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#2 Posted : 29 October 2003 21:12:00(UTC)
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Posted By Steve Sedgwick
Francis

Is it necessary for him to do his job from a HS point of view.?

Could you talk to his TU and get their support.?

Does he have problems reading and writing ?

You could try section 7 HASWA ie refusing to assist the employer in carrying out his H&S duties.

I have always maintained that it is not work that is difficult, its people that make it difficult. Awkward gits.

Steve
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#3 Posted : 30 October 2003 09:20:00(UTC)
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Posted By Ken Taylor
Yes - but don't expect details. If it's safety training found necessary for the job (eg by risk assessment)and refusal is unreasonable, the route is via the disciplinary process.
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#4 Posted : 30 October 2003 13:35:00(UTC)
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Posted By Neil Pearson
As well as s.7(b) of the Health & Safety at Work Act, there is contract law. If I remember correctly, it is an implied term of any employment contract that the employee will "obey lawful reasonable orders" (from common law obviously). There is a statutory implied term to the same effect but I can't think where it comes from. Anyway, the employee will be in breach of the employment contract.
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