Rank: New forum user 
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A serious near mis happened where I work which Involved a van driver and a pedestrian being near hit. The company decided to make an example and give both employees a final warning for not reporting it. It has now been brought to my attention that the pedestrian did report it to their supervisor, and has taken the disciplinary for it so that the supervisor doesn’t get into trouble! Can this be over turned? Should I say something?
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Rank: Super forum user 
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Is this a UK employer?
Who are you within this organisation?
What relationship to the pedestrian? What benefit comes from overturning the decision?
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Rank: Super forum user
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Is this a UK employer?
Who are you within this organisation?
What relationship to the pedestrian? What benefit comes from overturning the decision?
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Rank: New forum user
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Yes a uk company
I am friends with both parties but hurt that the supervisor didn’t do their job in responding how they should of. The employee has a
Had a written warning for something that she reported.
I am the health and safety advisor
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Rank: Super forum user
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As the H&S advisor, were you or anoher H&S involved in anyway with the initial reporting or inveestigation.
The comments you make when viewed from the outside cast a quite concerning image of the company and its approach to the whole H&S of the workplace.
There are lots of options and in part in comes down to the hierachy in the company, your actual role and where or how much 'good' you would do by being involved if it looks like the participants do not want your assistance
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Rank: Super forum user
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...the investigation is the key...if the investigation says that there was a deliberate act on both sides then that is it....if the disciplinary is for them both fighting after it then...gross misconduct..guess what I am trying to say is you don't seem to have the full story here...so example or not find it out before you get egg on your face..
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Rank: Super forum user
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As Acorn said this whole thing feels wrong. The first priority is not to find people to blame but establish why the near miss happened. You have not mentioned any investigation into the incident itself, as opposed to how it was reported. Someone looks very keen on the blame game. It’s not unusual for a supervisor to take the lead on a near miss investigation. I would expect them to share there findings, but it could be interpreted as showing some H&S leadership. The decision to “make an example” of people is probably counter productive. I think that the flow of information from staff will dry up as result because staff will want avoid getting themselves or others into trouble.
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 1 user thanked A Kurdziel for this useful post.
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Rank: Super forum user 
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Also, while mindful that I don't know the details of the incident, as a non-injury, but not something that's a statutory dangerous occurrence, there's probably no statutory obligation to report it. As such, any reporting obligation is presumably as a part of the company's internal systems, and we don't know what they say about whether or how this incident should have been reported.
From the account given, I don't know whether the employee or the supervisor acted properly or not. For example, did the employee report it as they were supposed, or did they just mention it three days later to the person who happens to be their supervisor? You'd need a knowledge of the company procedures and an investigation to determine the rights and wrongs.
Having said which, I try and resist strenuously disciplinary action arising from near miss reports or missed near miss reports - I'd rather have the reports than have people second-guess whether this is one that will get them in trouble. It's not an argument that I've won every time, however - I recall an argument that I eventually had face-to-face with the MD (and lost) about someone getting a written warning for going up an unfooted ladder - the 'someone' being a someone that is normally absolutely straight-bat, by-the-book, rigorous and reliable. I have no idea why he went up an unfooted ladder, I honestly think he had no idea why he went up an unfooted ladder, I don't think a written warning benefited anyone.
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Rank: Forum user 
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As previously mentioned in this thread, your function is to remain impartial and to investigate in order to determin the root cause, and develop the lessons learned, which will need to be communicated to the work force, in order to prevent a roccurrence. leave any ideas of disciplinary action to the line manager and the HR team. just write you investigation report and present your findings, but don't be surprised if you get ignored or your opinions get dismissed. it happens to most of us, in time you will learn to leave your emotional outrage behind. it took me a number of years, and i'm now much more effective for it. just ensure that you keep a copy of all your evidence for your own professional protection.
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3 users thanked Simon Heesom for this useful post.
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