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#1 Posted : 11 October 2004 17:22:00(UTC)
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Posted By MarkSMark I have recently assisted in delivering a few new safety initiatives and have been rather disheartened by the lack of enthusiasm by the staff. One safety initiative has been the mandatory wearing of ear defenders in all areas. Staff refused to wear them in areas where the noise was below 70dB(A) and so I have recently been granted the ability to take staff through the disciplinary procedure. This seems to have worked a treat as now I can give a written formal warning to any staff that disobey the rules. The second time they are caught I can suspend them. If I catch them three times I will petition the manager for their dismissal. Since I have suspended four employees last week I have not had any staff not wearing their ear defenders. I have found that by making examples of staff I have been able to improve safety drastically and wondered if it should be included as a recommendation in a HSE publication? Your views appreciated
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#2 Posted : 11 October 2004 18:50:00(UTC)
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Posted By Jason Touraine Excellent Mark. Similar to the scheme I've introduced when staff don't sit properly at their VDUs or go up the stairs too fast. Now going to introduce it for teachers who permit conker playing without eye protection.
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#3 Posted : 11 October 2004 21:00:00(UTC)
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Posted By Brian McMahon Mark You cannot be serious? I have checked the date on your posting and it is not the 1st April. Your approach is inimical to contemporary safety management, and not consistent with one of the attributes of a professional safety practitioner as a ‘people person / manager’. It belongs more in the realm of, ‘beatings will continue until morale improves!’ Admittedly there is a role for enforcement, but to use such an approach as your dominant strategy will ultimately frustrate your overall health and safety objectives. You may get ‘compliance’ in the short term because of your approach, based as it is on the ‘fear factor’, but is it sustainable? What will you do when you’ve suspended most of the workforce, apart from spending your time looking over your shoulder next time you’re drinking in the pub where they all are!? Brian
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#4 Posted : 11 October 2004 21:46:00(UTC)
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Posted By Kieran J Duignan Mark To what extent are you sure that management will support you if one or more employees challenge your action as 'harassment' and an unacceptable abuse of authority, causing them avoidable stress for reasons that they may be willing to challenge in court? If your strategy is to educate employees into becoming barrack room lawyers with sufficient legal knowledge to waste management time, it could make a good case study.
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#5 Posted : 11 October 2004 22:04:00(UTC)
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Posted By Mark Bywater Mark, Just what piece of legislation have you used to back up your "policy" that staff must wear hearing protection below 70dB(A). We are all aware that the levels are reducing in Feb 2006 but 70dB(A) is a joke. Have you established such a poor rapport with you safety reps and committee members that you are stamping on everything to try to prove who is in charge? These draconian measures do little for our respected profession and to post such a crass idea shows you understand little of what goes to make a half decent professional. You should be working for a local council - your views may hold some credence there but not here, where we firmly believe the view that education of staff, not intimidation is the smart way forward. That said, I can't believe this to be a serious post. I wonder how compliant you are with other legislation? Is PPE your first and only option - why not spend some time and effort reducing the noise in the first place - but 70dB(A)?????????? This has to be a joke!!!!!!! Mark
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#6 Posted : 12 October 2004 09:21:00(UTC)
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Posted By Richard L “How to win friends and influence people” By MarkSMark. Stop teasing us you wind up merchant you! Richard
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#7 Posted : 12 October 2004 09:23:00(UTC)
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Posted By David A Jones I'm not suprised you are getting little enthusiam or co-operation from staff if the safety initiatives you are trying to introduce are similar to this one on hearing protection. The standard you are using is completely without basis and may even decrease safety standards (depending on the work environment) as employees may not be able to hear warnings as clearly as they should - I would be extremely concerned if the workplace had vehicles that the employees may now not hear. It's this sort of approach that gives safety a bad name and lowers the standing of the profession. Have you not heard that safety legislation is now predominantely based on risk assessment - i.e. assess the risks and introduce contols proportionate to those risks ensuring that those controls do not have an adverse effect by increasing other risks
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#8 Posted : 12 October 2004 09:24:00(UTC)
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Posted By Mike Craven Agree with just about everything that has been said, except for one comment from Mark Bywater. Yes, Mark, the words "draconian", "crass", "intimidatory" and "joke" all spring to mind. But is there really any need to make an attack on local councils? As a safety professional who shares your views on this posting I find your comment "crass" and an insult to myself and other professionals in local government. Mike
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#9 Posted : 12 October 2004 09:47:00(UTC)
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Posted By Steve Langston I agree with Mike Craven with regards to the comments made by Mark Bywater. The statement in relation to working for a local Council is almost as ridiculous and outragious as the original posting. Lets be a little bit more proffesional in our approach!!
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#10 Posted : 12 October 2004 09:56:00(UTC)
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Posted By Lorna The previous two posts have taken the words out of my mouth and I agree wholeheartedly with them. I was still seething with comments made during the infamous "goggles" thread about inability to risk assess, but this has just made me so mad. Presumably Mark Bywater works in such a high-tech, high risk industry that those of us who work for local authorities are being above ourselves for thinking we are fellow professionals.
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#11 Posted : 12 October 2004 11:04:00(UTC)
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Posted By Ian Stone Im not commenting on whether Mark is right or wrong on this issue but I am a little shocked as to some of the comments he has recieved. Surely we should be trying to help people rather than making fun or criticising them? Ian
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#12 Posted : 12 October 2004 11:36:00(UTC)
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Posted By Peter MacDonald Out of curiosity Mark if you get round to making a reply. What if any consultation did you make with your fellow workers before you implemented the ruling. Can you please enlighten us on the basis of the threshold you chose? Come on, speak up! (but not too loud) Peter
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#13 Posted : 12 October 2004 12:11:00(UTC)
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Posted By Hilary Charlton I am, frankly, surprised that you have any workers left to tell the tale. You are, as a health and safety professional, supposed to ensure that your Company stays on the right side of the Law, yes, to a certain extent you should use your discretion - we have a noise threshold of 85dBA above which ear defenders are mandatory, but 70dBA? Have you considered that this request is unreasonable in accordance with Section 7(2) of the Health and Safety At Work Act and no one actually has to comply with it by law. I think you are on a very sticky wicket with this. I should tread very carefully if I were you and if the HSE do adopt this system I shall feel it is time to get out of H&S on the basis that it has become a total ass! Hilary
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#14 Posted : 12 October 2004 12:14:00(UTC)
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Posted By Jack Hey, lighten up people. Mark was obviously trying to make a joke and yes April 1 would have been more appropriate. The only sensible reply was Jason's. No other responses necessary. I too share concerns at the comments made about colleagues in the public sector.
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#15 Posted : 12 October 2004 15:26:00(UTC)
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Posted By Peter MacDonald Not so sure it's a wind up. This guy might work for BP. Peter
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#16 Posted : 12 October 2004 15:36:00(UTC)
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Posted By David A Jones Jack thinks that Mark was 'obviously trying to make a joke' - but note Mark said 'your views appreciated'. We have given our views and the consensus seems to be that he has got it very wrong. I agree also with the posting that suggests this might not be a joke - I've heard/know of places where such plans are regularly tabled whilst real and significnat risks are being ignored. Also agree that the comment re: councils is unfair
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#17 Posted : 12 October 2004 15:57:00(UTC)
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Posted By Ken Taylor To introduce a little balance into the response: there is room for an element of 'stick' as well as 'carrot' in some instances for obtaining compliance with reasonable health and safety measures. Life-critical situations, persistent wilful risk to collegues, physically attacking the health and safety manager, etc spring to mind. Consultation, persuasion, training, instruction and reasoned argument have to come to an end eventually when faced with total opposition. However, in considering the disciplinary route in matters of health and safety, I would advise: 1. doing so only in relation to measures supported by legislation or risk assessment based upon published guidance; and 2. getting management and the human relations/personnel people to do it and not the H&S person - who is best not seen as only a tool of management and someone to be feared, avoid or not confide in. And, by the way, this is not a new initiative as it probably dates from the dark ages or earlier.
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#18 Posted : 12 October 2004 16:10:00(UTC)
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Posted By Mark Bywater All, I would like to publicly apologise to all the guys in local councils that have been upset by my comments, this was most definitely not my intention, as you will surely understand. Given the recent bad press for some councils regarding trees, Diana Fountain etc I was rather hoping you would understand where the comment was really aimed. I'm sure the confectionery industry, in which I work has fallen foul of some beaurocratic stupidity in it's time and I wouldn't be too upset if someone pointed a finger in our direction, as I would realise that the comment was not about me or my company specifically. Please don't get too uptight, this original post is obviously a joke and any answer must be taken at face value only, and not as scathing swipe at the whole of local government. You guys do a very professional job, I'm sure, the point here is that MarkSMark is casting a shadow over us all. Regards, Mark
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#19 Posted : 12 October 2004 16:39:00(UTC)
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Posted By Richard L After following this thread and indeed contributing to it myself, I wondered when we were going to see some reaction from the originator. Come on Mark what do you have to say to the responses or have you created a new safety initiative of eliminating the risks from VDU’s by actually switching them off. Yours in anticipation Richard
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#20 Posted : 12 October 2004 16:56:00(UTC)
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Posted By James Goodstadt I have one concern, being a fire safety engineer (actually - I have many concerns, but these have all been mentioned before). If all you personnel are wearing ear defenders, do you have visual means of alerting them to a fire? They may not be able to hear the alarm bells. Regards James
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#21 Posted : 12 October 2004 18:54:00(UTC)
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Posted By MarkSMark Obviously I do not have much support from the respondents, but I must point out that there was a type-o in the original posting I actually meant to say 'noise levels OVER 70dba'. Before I implemented this policy I did consult with a person from the shop floor and they agreed that it would encourage people to wear their ear defenders. I do not agree that this is an outdated way to enforce health and safety. I do infact utilise modern technologies such as CCTV to find those who do not comply. Anyone I find is entered onto a database and is automatically notified by email. When they report to me I can then present them with evidence. I do not agree with 'safety incentives' to encourage people to take their health and safety responsibilities seriously. They have a legal obligation to do so and if they break this obligation they are punished. I must add that this approah is not only used for ear defenders but also other matters such as accident reporting, housekeeping etc. It is also applied to the management, one manager is currently suspended. As to the fire alarm system. We have visual means of alarm and also the alarm is quite clearly audible through the ear defenders. My relationship with the production employees is very open and frank. They know where they stand in relation to health and safety. I do not think that sugar coating any safety issues is beneficial to anyone, and pussyfooting around issues is inefficient in this industry. If I were working in a beauty parlour or the Womens Institute then maybe your approach would work. I do appreciate all the responses, although I do not agree with any of them. I thank those of you who have raised valid points and apologise for this lengthy response and apologise if my opinion on safety offends any of you.
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#22 Posted : 12 October 2004 19:51:00(UTC)
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Posted By Martyn Hendrie Taking the original posting at face value the test of such a policy would be to see what would happen if it was the MD who was non-compliant. Would he be suspended? I argree with most respondents and would suggest Mark reads the book "How to win Friend and Influence People" by Dale Carnegie if he wants to find out how to make a long term change in safety perfomance.
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#23 Posted : 12 October 2004 20:08:00(UTC)
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Posted By Steve Langston With Regards to the original posting - why choose the level of "over 70db(A)"? Why not simply the level "over 80db(A)" or "over 85db(A)" as these are the levels recognised as creating potential hearing defects. (depending where in the EU you are) After all non of us wear hearing protetion whilst walking on the footpath by a main road which studies show is around 70db(A)! As i understand it - noise levels double with every 3db(A) on that basis the 70 level is substantially lower than any legal requirement. Just keen to know why 70?
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#24 Posted : 13 October 2004 08:22:00(UTC)
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Posted By Peter MacDonald Changed my mind. The reply by Mark was more retarded than the original posting and this has to be a wind up. Peter
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#25 Posted : 13 October 2004 09:32:00(UTC)
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Posted By Jim Walker Mark, "I disapprove of what you say, but I will defend to the death your right to say it" Come on people! Mark might not be toeing the "party line" but lets not descend into playground bullying. By reasoned debate let us give Mark the benifit of our knowledge such that he may modify his stance.
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#26 Posted : 13 October 2004 09:34:00(UTC)
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Posted By Mark Eden Can't wait till Mr J.Clarkson gets hold of this one. Seriously though - This company is going to end up at an industrial tribunal for the bombastic attitude of a jobs worth. Trying to win over shop floor workers is bad enough, but when you pick on the middle management !!! Wait until you need their help the second word will be off.
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#27 Posted : 13 October 2004 09:52:00(UTC)
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Posted By John Allen Mark raises an interesting point. What he is saying is that working safely should be the norm and not as a result of “atta boy” incentives. Discuss please (1). As a matter of interest in the offshore industry eye protection used to be confined to jobs where there was an obvious risk such as grinding. Then a member of the deck crew doing a non eye protection job lost an eye from a piece of wind blown grit. The old Department of Energy introduced a compulsory eye protection rule for all personnel working outside the accommodation. There was immediate resistance to this from a number of trades who said they couldn’t do their job with eye protection yet today the rule is almost universally obeyed, with I believe a substantial reduction in eye injuries. Most exposure limits are set at a level where the majority of personnel will not be harmed. To protect everyone you have to go lower. Discuss please (2).
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#28 Posted : 13 October 2004 10:50:00(UTC)
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Posted By Peter MacDonald John I still think this is a wind up. Incentives and stick only work where you have a situation where people have not bought into the safety culture you're trying to develop. If people have an understanding of the risks and harm that could reasonably be seen to affect them then they will, with proper implementation of safety management buy into a safety philosophy. The carrot and stick approach is a crude attempt to batter or cooerce people into towing the line which is simpler than getting them involved in recognising the benefits of safety management. I would argue in this case that the severe penalties are far more damaging in the long run than any incentive scheme. ( although incentive schemes can be seen to drive down reporting so that targets are met which is just as bad). What will happen if the employees in this case decide after careful consideration that the use of ear defenders at 70dB is a nonsense and all refuse to wear them. Is Mark going to have them all sacked. To allow the possibility that that would happen is bad management. I asked about his consultation with the employees and his answer was he'd spoken to one guy and he agreed with him. Not good enough! I can imagine someone working for this guy and agreeing with everything he suggests because the alternative would be a life of harrassment and petty punishment. I still think it's a wind up. Peter
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#29 Posted : 13 October 2004 12:41:00(UTC)
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Posted By lawrence baldwin John The jury is still out with me as to whether this is a wind up or not but your 2 identified discussion points are very interesting and in my opinion form the nub of this very profession. I am not so sure regarding points raised earlier on "queues to the Employment Tribunal"; if it is part of your employment contract to comply with safety criteria, as is everybodies, and to be in breach is summary dismisal for which one has signed in agreement, (you could not call them unreasonable conditions or an unreasonable contract because such requirements are set in statute particularly to co-operate), irrespective of whether the level is higher than that set by statute, therefore to be in breach and claim "unfair dismissal" would be very difficult . How often do we state or see stated that compliance with the law is a minimum criteria but best practice is a goal that sets greater levels of safety standards for which company x transpires through its safety management to achieve. (1)& (2)A similar analogy would be speed cameras, motorist dislike them intensly and question their effectiveness at accident reduction as opposed to money generators (depending on which side your arguement originates) but what ever your thoughts, they are effective in slowing the majority of traffic down to the speed limit (to the benefit of the majority)(check the brake lights of cars as they approach a camera) particularly when locations of cameras are known. But as is human nature those that will speed will then increase their speed once past the camera, so the camera is therefore effective for that particular stretch only . In Marks' case, where failutre to comply is going to be expensive (loss of job) is compliance only in the region of the camera and are safety glasses et al only being worn when a "suit" is in view or is the whole work force complying with the speed limit. If so, then object achieved. In my experience, regarding safe systems, the problem becomes that of ownership and responsibilities. If you have a beligerent workforce that "speed all the time" and those payed to reduce speeding don't because they "don't have time" or will not accept their responsibilities then one recourse is to terminate such contracts with evidence that shows a breach; if the workforce is co-operative (as I believe most are because no-one wants to go home injured but they want the correct information) then specifics on the reasons behind set "rules" including "blanket rules" can be just as effective. Except of course to the perpetual "speeder" who accepts such consequences as a way of life if and when caught. In walking the line, one learns to adopt, adapt, adept and use whatever means works, be that stick or reward. Lawrence
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#30 Posted : 13 October 2004 13:57:00(UTC)
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Posted By fats van den raad Mark C'mon then are you gonna tell us what this industry is where nothing else but the disciplinary approach would work? It sounds like it is one of the traditionally "tough" industries. Construction, perhaps? (The original HSE funded study in behavioural safety in the UK was carried out in the construction industry, and since then several MAJOR construction projects have successfully implemented behavioural safety) Or maybe it is Offshore? (Several offshore companies have successfully implemented behavioural safety, and the ofshore industry remain leaders in furthering studies in this field) What about the Chemical/Petrochemical industry? (Virtually all the major chemical/petrochemical companies have implemented behavioural safety in one form or another) Steel? (Done it!) Mining? (Ditto)....... And I could go on..... As a matter of fact, having been involved in implementing behavioural safety for some considerable time, the one place I can categorically say I have not implemented a behavioural system is a Womans Institute or a Hair salon, but then, there is still time.! And, oh yeah, behavioural safety is all about the direct opposite of the way you describe effective management. I workede for a foreman like you once. He was technically qualified for the job (just) but sadly lacked any other essential character traits that makes a good manager, such as leadership and people skills. He tried to hide his inability to manage by implementing blanket procedures. It didn't work though, coz in the end he was found out and sacked for incompetence.
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#31 Posted : 13 October 2004 16:28:00(UTC)
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Posted By Gilly Margrave As a mere woman and therefore eligible for the Women's Institute although not at this time a member; and a big softy working in Local Government I could take one or two remarks in this thread in bad part! On a more serious note I am concerned about the use of CCTV and databases unless it was made quite explicit that they would be used for this purpose before installation. Any thoughts on this anyone from a Data Protection viewpoint? Fats is right you can't bully a workforce into a positive safety culture. Gilly
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#32 Posted : 13 October 2004 16:32:00(UTC)
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Posted By Paul Adams CCTV on the shop floor! Is this the new Behavioural Safety Tool? Yep, I am sure employees do know where they stand with you Mark. Don't ever break down, or have an accident on the way into work, I can't see there being too many good samaritans on that particular road, or perhaps you would suspend yourself for being late?
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#33 Posted : 13 October 2004 16:55:00(UTC)
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Posted By Gilly Margrave Forgot to add there have been some developments in DPA issues in relation to CCTV. Have a look at http://www.informationco...uk/eventual.aspx?id=5739 If love and peace won't make Mark think twice maybe the law will. Gilly
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#34 Posted : 13 October 2004 17:31:00(UTC)
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Posted By Richard L Mark, Have you been in Health and Safety long? Or would it be presumptive of me to assume that you have little or no experience in the implementation of a positive health and safety culture! I was always taught that providing enough information, instruction, training and supervision was always the key to promoting a healthier and safer workplace, punishment was however, always at the bottom of the hierarchy of implementation methods, and even then, this was only for the ones who flatly refused to cooperate and abide by the rules. The amount of punishment you dish out and the tactics you use can only indicate that you have no “safety initiatives” otherwise you would be catching employees going about their daily routines doing things right and after justification, wearing the correct P.P.E. May as well contribute, just in case. Come on Mark, put us all out of our misery, it’s a wind-up isn’t it! Richard
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#35 Posted : 13 October 2004 21:18:00(UTC)
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Posted By Simone Plaut I would offer a suggestion.....this may only work for brunette females with imposing bustlines (such as myself...note my name is Simone NoT Simon!) Ask the staff if they enjoy football......is it live football or TV......if live....then ask if the roar of the crowd and comments from fellow supporters nearby adds to their fun? Once they agree with that....explain that failing to protect their hearing will deny them this pleasure in later life. They will not be disciplined, but their names taken down and records held preventing them from being allowed to claim for hearing damage in future. Far more reasonable an approach I feel. Please dont insult colleagues. We are here to support each other not bitch. Regards to all Simone Plaut SRP Consultants London Ps this approach has worked a treat for me on many occasions....."I'll just go to the van and fetch my hearing protection..."
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#36 Posted : 14 October 2004 08:19:00(UTC)
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Posted By Jim Walker Simone, I've also found that a useful strategy except for one minor point. If they do make a claim in later life they will still win, if the risk assessment has found hearing protection is required, it must be worn (just like any other identified control method). The employer has a explicit duty to enforce such measures. Just for a moment replace factory & hearing protection for building sites and hard hats - why do people wear hard hats on building sites? generally its a policy of "no hat no job". I'm not supporting Mark's methods but just trying to see his point.
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#37 Posted : 14 October 2004 09:08:00(UTC)
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Posted By Ken Taylor Jim, many of us would support Simone except for two major points. Is Mark Searle still remaining deaf to our protestations?
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#38 Posted : 14 October 2004 10:12:00(UTC)
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Posted By Gilly Margrave There are none so blind, as those who would not see (nor so deaf as those who do not wish to hear) Gilly
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#39 Posted : 14 October 2004 13:28:00(UTC)
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Posted By s.micklewright Pardon, eh? Sorry I didnt hear a word of that. Simon
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#40 Posted : 14 October 2004 15:13:00(UTC)
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Posted By Jim Walker Insults so far: The poster Women LA officials WI BP ............and now the disabled!
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