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#1 Posted : 15 September 2006 10:14:00(UTC)
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Posted By JAI
Let’s say i know a H&S Officer who has been banned from one of his sites!

The reason for this ban
Carrying out an accident investigation that did not point the finger of blame at the individual (to managers dislike) but to senior managers for their failings.

So they banned the H&S Officer from site and carried out another investigation that pointed the blame at the individual

Anyone else been banned from site before?

Thoughts please,

Jai




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#2 Posted : 15 September 2006 10:36:00(UTC)
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Posted By Heather Collins
Accident investigation shouldn't be about blame. It should be about learning lessons to prevent a similar accident happening again.

My advice to your hypothetical safety officer? Look for a job with a company that cares about H&S.
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#3 Posted : 15 September 2006 10:45:00(UTC)
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Posted By Catman
Hi Jai

Yes, been banned before, site manager said I was personally targeting him as I would not let go of the fact that his scaffold was always unsafe.

I went to the MD and got a future open invite to his site. No more cups of tea though.

One daft manager does not always reflect the attitude of the whole company.

TW
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#4 Posted : 15 September 2006 10:49:00(UTC)
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Posted By gham
We alll Learn from out mistakes

If the Safety officer wants to avoid getting banned from site then don't point the finger at the management... but some how i don't really think that they will take this approach will they.

Hey ho he/she could always get their own back by suggesting to a local enforcing officer of any breaches on the site that they might have an intrest....

Also is this not a form of disciplinary action, and if it is has it been conducted appropriately, in accordance with firstly the site rules among other things.

Also the point of the investigation is to ensure that faults in the system can be identified and corrective action taken, sounds like this could happen again if the problem is not rectified, there must be some kinda gievance procedure that can be taken. I would be concerned for the ongoing intrests of peoples safety on the site and do what i can to go kick some rump!
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#5 Posted : 15 September 2006 11:53:00(UTC)
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Posted By sagalout
JAI,
Now this could just be Friday and this may be one of those, see what we get threads. But it is a good question to think around so IMHO-

I have often been in a position where my conclusions are at first not “acceptable” to site management or senior management. I have also been very close to being “escorted” from the site (both construction and manufacturing). It never actually happened though due to a mixture of a learned ability to negotiate and often the clear support of a senior manager behind the investigation.

1. It appears on the face of it that this organisation has some gaps in the organization and arrangements re investigations. OR
2. Person/persons are not following them or are being allowed /encouraged not to do so.
3. There is no doubt in my opinion that if a safety “officer” (those quotes are highlighting my prejudice again) has been banned from site then he/she has failed just as much as “senior management”.
4. Is there a lack of clarity in the organisation or individual about the difference between “authority” and “influence” or “persuasion”.
5. Does the safety “officer” have authority to implement the changes recommended or just to recommend?
6. In the best organistions, any investigation is approved and accepted by those who manage the organisation and without that approval, the investigation cannot be complete. (I limit that comment to an employed scenario since it clearly is not the case sometimes)
7. Get off the hook about blame/fault/lesson to learn stuff. Understand the theory but apply it practically.
8. I do not think I have ever investigated an accident where one or two simple causes were the conclusions. Often there are failings at both employee level and at some point with the management O&A. You do get knowing or negligent behaviour but it is much less common than organizational failure.

Thus, pointing the finger at senior management is just as likely to get the same response as doing it to a large scaffolder, the only difference is where you feel the pain.

Thanks for the question, my brain enjoyed the walk

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#6 Posted : 15 September 2006 12:02:00(UTC)
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Posted By JAI
The investigation found flaws in the policy and procedures that were in place, risk assessment not suitable and sufficient and no safe system of work, (management failings, monitoring, reviewing & audit)

Recommendations were made to improve control measures as well as addressing policies and procedures

They just don't like to be told any different


Jai




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#7 Posted : 15 September 2006 12:34:00(UTC)
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Posted By sagalout
So just a few minor issues then.
Is this due to not knowing any better; that they think they do have this stuff or they just dont give a damn about all this H&S paper +++*!
Was there an accident and would putting all this organisational stuff in place prevent it or are there other things that need to change like peoples skills, behaviours.
How has the investigator dealt with the presentation of such a technically damning report?
You see I could take your response as someone just wanting to clog up my site with lots of paper and stuff I haven't got time for or monewy in my budget to pay for.
Even worse, your mythical officer could have been perceived as an over officious H&S twit who has completely missed the point.(I do not mean that personally please, please)

Unless your mythical officer now has the full backing of a manager more senior than the one who has banned your mythical safety officer, give him/her a few links to HSE jobs and tell them get out as soon as you can.
If you have the backing and decide to stay, the task is now to "educate", "influence" and "advise" the site management. The "authority" to impose will have to come from the senior manager.

Am I fully on the hook now?
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#8 Posted : 15 September 2006 14:01:00(UTC)
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Posted By JAI
Here we go

The H&S Officer investigated a straight forward accident (Manual handling)

The report was not critical (followed HSE 245) and geared towards preventing a future incident

The main issue here was that no one witnessed the accident, further to this any H&S Bod worth their salt could see this accident was foreseeable and until proven otherwise did occur.

Now to the managers, the site is a Top Tier COMAH site, so you would expect the Managers and systems to be good, but again those in ivory towers do not like to be told the systems need reviewing

The manager of the H&S Bod in my opinion has done nothing to defend his staff and has simply accepted the decision.

End result one company about to be short of an H&S Officer

And yes this accident will happen again
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#9 Posted : 15 September 2006 14:37:00(UTC)
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Posted By sagalout
In which case, probably the best thing happened for both the safety guy and the site. What effect on future H&S at that site? Pebble in a pond. What effect on H&S if he stayed, no doubt negative because of the situation that developed

I hope I cannot hear you saying "told you so".

Have a good weekend and I did enjoy the chat whether I was on a hook or not.

Cheers
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#10 Posted : 15 September 2006 15:33:00(UTC)
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Posted By JAI
Sagalout

You have not been hooked, this is a true event and the repercussions are still bouncing around, head union guy going crazy about health and safety being cast aside just because it wakes management up to the basic duties of section 2 (2)

If you are familiar with compensation claims you will know the type of questions asked by a solicitor.

The accident investigation was based around the manual handling regs and the company simply did not comply to even the minimum of requirements

It is sad to say but in the future this will end up as a "told you so"

If only they could take the blinkers off

Have a good weekend

Jai
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#11 Posted : 17 September 2006 20:13:00(UTC)
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Posted By Red Ones
Does INDG232 help cast any light on this?

Under Health and Safety (Consultation with Employees)Regulations (HSCER) 1996 the law protects employees against being dismissed or other action taken against them because they have taken part in health and safety consultation (whether as an individual or a representative).

Surely the investigation of an accident is included as part of the consultation of employees and, therefore, the HSO is afforded some legal protection. By banning the HSO from a site the employer is restricting their ability to fulfil their duties and has taken action that prevents them from making their contribution under the contribution of the employee rights.

Any sane rational employer should lift htis ban and apologise to the HSO, then choose to ignore their recommendations! (OR should that read, carry out a risk assessment and make an alternative decision)
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#12 Posted : 18 September 2006 20:22:00(UTC)
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Posted By Richard Altoft
A long time ago I was given a written warning by a project manager for going to safety meetings with my contractors as he belived that if I knew of a problem then it would be deemed he knew of it too and then he would have to act. I got no hint of his feelings or a verbal warning just this letter through the post saying I took safety too seriously to ever get on in life. I worried about it for ages and then I said I know I am right and so I pinned it on my wall, every director who visited site asked me about it and eventually the managing director contacted me. I got backed up. I eventually got the project managers job as well. I am now a MD in my own H&S consultancy so be carefully what taking safety too seriously can lead to. Stand tall, you know you are doing it for the right reasons.
R
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