Rank: Forum user
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Thinking about accident/incident investigation. If one of your employee's has an accident say with an "in-house" vehicle e.g. forklift, ATV etc do you reserve the right to suspend that employee from driving/operating that vehicle pending internal investigation? I know it will depend on the accident - severity, damage etc but in general terms what is your take on this and would you have this written into a policy somewhere? - such as disciplinary? (need to speak to HR on this).
Post investigation will identify immediate and underlying causes but just thinking of that time between accident and conclusion of investigation. Grateful for your thoughts.
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Rank: Super forum user
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Dave
Good question and I suspect you will get an array of different opinions. Purely from a h&s perspective, I believe the employer must have the right to suspend an employee following a serious accident if they believe the employee may be at risk or a risk to others. Of course, the process should be written in company procedures and properly followed. There are some overlapping issues between HR and safety, however a safety investigation should take precedence over a disciplinary and the safety investigation should not pre-empt any subsequent disciplinary action.
Well, that's my opinion anyway.
Ray
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Rank: Forum user
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Hi,
Agree with RayRapp his post is in summary what happened at a former employer for all drivers on and off site.
Regards
Steve
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Rank: Forum user
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Thanks Ray and Steve
Absolutely agree with your comments and much appreciated. When you say off-site Steve are you also including an RTA in a company car and therefore still having the right to suspend - not so sure about that scenario.
Dave
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Rank: Guest
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Whilst I fully agree a company should have the ability to suspend someone if they feel their is a risk, I think you have to be very careful about using any form of discipline because someone has an accident.
In the case of the FLT, if you stop someone driving because they had an accident, why did you not pick up the faults with their driving before they had the accident? Surely there were supervision and management faults, and so why don't you suspend the supervisor and manager who arguably have a greater degree of control of the risk (not least because they are supervising/managing more people). Hence, where do you stop?
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Rank: Forum user
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ab risk
I am definitley not implying (or at least I hope not) that I would take the disciplinary route and the query I had is not one on discipline policy or procedures. What I am trying to convey is procedure following an accident where safety is uppermost and reserving the right to suspend pending investigation.
Dave
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Rank: Super forum user
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Hi folks
If an accident has occurred then the person operating the plant should be suspended from further operation until the have successfully passed a re-test. Could this situation not be used, it should be in your procedures and RA anyway?
Regads
Linda
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Rank: Super forum user
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Good Morning,
Something that has been missed here (I think) is that suspension should be treated as a neutral act which is used simply to give all parties involved time and room to sort out what happened.
The problem back in the real world is that suspension is frequently seen as a disciplinary move. Therefore it is really important if someone is suspended to ensure that Safety reps/reps of employee safety etc and the work force in general are given as much information as is practical to ensure that the reason for suspending someone is understood. From personal experience this takes a lot of time and repetition of the "story" but does result in a calmer, better informed working environment that allows staff to continue to feel they have an input that will not result in more "disciplinaries"
Cheers,
Jim
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Rank: Super forum user
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I agree the suspension process should not be seen as a disciplinary measure in itself and should only be used on the most serious of incidents. There is another option of giving alternative work which would not include, for example, driving a FLT if that was the cause of the accident/investigation. Serious incidents might include a breach of statutory law, drugs or alcohol, violence at work etc.
From a h&s perspective there is an important message that needs to get across to the workforce. Serious incidents will be treated as such, a full and impartial investigation will take place as soon as is practicable to determine the immediate and underlying causal factors with appropriate corrective actions identified and implemented in good time. Sanctions to an individual should not be the concern of h&s people, this is a HR function and should be totally separated.
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Rank: Super forum user
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Interesting question as, a few days ago, I had to investigate an incident where a couple hundred thousand pounds worth of damage was done to a piece of plant and the infrastructure it hit.
As many of us act as combined safety and line managers splitting the role up, whilst theoretically sound, is not practicable.
I had, therefore, to make an initial investigation, then with line manager hat on decide if the cupability was serious enough to warrant a fuller investigation and consequential "suspension pending investigation" or not.
Actuially, the culpability was very low, even if the effect was high, so I did not suspend. However, if all participants in the incident had not been very forthcoming and there were no anomalies, then suspension would probably have been put in place.
However, from a safety point of view, I wish to know why an incident occurred. If suspension is the norm (and perceived to be disciplinary) then this will inhibit future investigations to find root causes of incidents. Accordingly, I feel suspension should be the last resort, not the first - I want to know why sommat happened, not find myself against a brick wall of silence.
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