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Posted By Schui Hi All,
can anybody tell me what the normal procedure would be in dealing with a guy who gave false details in relation to an accident involving himself
what happened was some one threw a piece of steel in this guys direction and hit him
but he told me that he hit himself of the side of a machine
any help or advise would appreciated
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Posted By David Bannister Hi Schui, looks like the typical scenario of one worker not wishing to implicate another. Alternatively could be part of a bullying culture.
Suggest you investigate further to establish the facts and discover root causes, so far as you can. Use the disciplinary procedure if the facts lead you to believe it is needed.
Educate the injured employee as to why you need to be aware of the facts/causes of any accident/incident.
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Posted By Dannyc Personally I would envoke the company's disaplinary procedure..
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Posted By Konstanty Budkiewicz Schui,
To focus on your problem may I quote:
"Section 7(of the '74 act) - employees must take reasonable care of their own health and safety and that of others who may be affected by their acts or omissions. They must also cooperate with their employer to comply so far as is necessary to enable the employer to comply with their duties under the Act"
"Section 8 - "it is an offence for anyone to intentionally or recklessly interfere with or misuse anything provided in the interests of health and safety or welfare" Principles of Health and Safety by Alan StJohn Holt refers.
Stemming from these requirements, you are clearly aware that management are vulnerable to prosecution under Section 7, if they fail to carry out their H&S responsibilities. So it is worth reminding the casualty that you "cannot let it".
In that context have you confirmed that Section 7 and 8 aspects feature in our site policy document for all to see? Whether it is or not, such an incident as you describe is always to be treated as a disciplinary matter.
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Posted By Holly McDermott Schui,
This is a difficult one. A good accident investigation does not allocate blame. I am of the opinion that this matter is entirely HR because if someone did throw the steel then it was not an accident
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Posted By martin gray1 Hi Schui, I agree with Holly HR issue. If anyone throws anything at another member of staff within a working environment they should not be there. The next time the individual may be working a saw, have said goodbye to a couple over the years for this. Provide a safe place of work etc. MG
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Posted By Darren (Daz) Fraser Convene a meeting with the HR Manager/Director, the injured person (IP) & yourself.
Explain to the IP, that you must complete an accident investigation, company policy, prevent happening again etc. Also explain to them that if upon further investigation, you discover that there are inconsistencies with their account and actual events, then disciplinary procedures can / may be invoked against the individuals that caused thew accident and those that are intentioanlly providing false information.
Ask if they would like to amend their statement of the account of the accident.
If still no joy - discipline in line with your company procedure.
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Posted By Dave Wilson Interview the IP and ask them to explain the sequence of events.
Do not use Open / Closed questions ie which require a Yes/ No response unless you want this.
Try to use open questions eg In your own words tell me what happened?
Take notes and let them speak!
Then go back over your notes and ask
Explain in more detail what you mean by etc??
Then use Yes / No
They will trip themselves up!
This what the Police do.
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Posted By Sally How do you know that that is what actually happened? Do you have a witness who is prepared to stand up and say so?
Has anyone spoken to the person who is alleged to have thrown the piece of metal - even as a witness to the original event.
I agree that heavy HR involvement is the key to this.
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Posted By Schui Hi All thank you for all your responses
The injured employee went to HR 4 hours after I treated him with first aid and straight away done my investigation on the details he gave me
when he went to HR he wanted to be sent to the hospital for an x-ray, then he decided to change his story and blamed another employee for throwing a piece of steel
unfortunately there was no witnesses
the employee that threw the piece of steel has another story why he threw it, he reckons that the IP dropped another piece of steel on his fingers and out of pain or anger he threw the piece of steel on to the floor and bounced back and hit the IP
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Posted By Raymond Rapp Schui
Sounds like there has been some horseplay to me. You may never get to the bottom of this but the second account sounds very dodgy to me.
Personally, I would give both operatives a stern talking to and leave it at that, perhaps one more so than other. Hopefully this is a one-off incident and unless you have any suspicion there may be something more sinister it is probably best to let it die. After all, safety practitioners are not policemen.
Ray
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