Health And Safety In The Workplace Accident Advice

[Lab 10,979]

If he did I doubt hes going to want to advertise that fact for all the world to see

Probably not but it would be beneficial to me to know what side I was on...?

[JDHUNTING 1,817]

Haha as a manager tgis sort of things is mindblowing at times, I did a course on risk assesments and the guy reckoned a place he had worked at an apprentice shoved an airline up another apprentices arsehole and basically blew his arsehole out with a 1000 psi he said the company was fined and the manager prosecuted because he hadnt done a rusk assesment that covered this event!!!

[ryaldinhio 4,781]

You need to be careful taking in some of the above posts fella. H&S is a subject full of potholes. I have some knowledge and trying to expand this currently with NEEBOSH and as such I would not be trying to advise you but can offer my opinion on the little info offered:

 

A little knowledge is a dangerous thing. so there are a few things to consider

1. I agree with some of the posts that the company is liable. However the liability can come down to individuals and the HSE do prosecute individuals now, so if it is within YOUR remit or job description etc to check the machine before use (which it is highly likely is in there) then it may be YOU which is liable. Especially if you knew of the fault and carried on anyway.

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

3. To fall in line with employment laws the company would have to follow disciplinary procedures to do this, i.e. verbal warning, written warning, gone OR if they are seeing it as gross misconduct suspend you on full pay pending an investigation. So assuming you have heard none of the above then I would say they arent calling you in to sack you.

 

Employers have a 'moral duty' to check on staff on long term sick. However in your case this may be to assess the financial hit of any future claim. Also they may be trying to sweeten you up. As said above if over 7days off work it should be a riddor, this is a legal obligation. If they havent followed this then they are up sh*t creek without a paddle.

 

In light of all of the above:

1. I would suggest if possible you check your job role, risk assesments, method statements, health and safety policy etc to see if it YOU who is responsible for checking the machine. You may not be responsible for maintaining but could be for reporting defects.

2. If you did report it get a record of when, who to etc.

3. If you didnt report it I would suggest you dont say anytbing along the lines of 'its been like that for weeks everyone knows' that could incriminate yourself.

4. Have you had sufficient training on the use of the machine and also the pre start checks etc.

5. Assuming you arent badly injured then the bulk of any claim you had in the future in a civil court would be loss of earnings so they may offer you a different role to get you back in, sometimes this is on a reduced rate or reduced hours, no bonus etc consider this before returning as in a civil court you would be seen to be agreeing to this therefore could affect any claim if you chose to make one.

6. HSE refer to normal duties so if they offer you a number paper pushing for a couple of months in the eyes of the HSE the injury is still inhibiting your return to work and as such should not be closed or ended under riddor.

7. The company should have completed an internal investigation into the accident, you should have the right to view this.

 

I would bevery suprised if they were givin you the boot fella Id say its more likely they wana get you in to inconveinience you for your sick pay and to assess how you are getting on, i.e. if u are genuinly injured or tryna pull a fast one.

[beast 1,884]

You need to be careful taking in some of the above posts fella. H&S is a subject full of potholes. I have some knowledge and trying to expand this currently with NEEBOSH and as such I would not be trying to advise you but can offer my opinion on the little info offered:

 

A little knowledge is a dangerous thing. so there are a few things to consider

1. I agree with some of the posts that the company is liable. However the liability can come down to individuals and the HSE do prosecute individuals now, so if it is within YOUR remit or job description etc to check the machine before use (which it is highly likely is in there) then it may be YOU which is liable. Especially if you knew of the fault and carried on anyway.

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

3. To fall in line with employment laws the company would have to follow disciplinary procedures to do this, i.e. verbal warning, written warning, gone OR if they are seeing it as gross misconduct suspend you on full pay pending an investigation. So assuming you have heard none of the above then I would say they arent calling you in to sack you.

 

Employers have a 'moral duty' to check on staff on long term sick. However in your case this may be to assess the financial hit of any future claim. Also they may be trying to sweeten you up. As said above if over 7days off work it should be a riddor, this is a legal obligation. If they havent followed this then they are up sh*t creek without a paddle.

 

In light of all of the above:

1. I would suggest if possible you check your job role, risk assesments, method statements, health and safety policy etc to see if it YOU who is responsible for checking the machine. You may not be responsible for maintaining but could be for reporting defects.

2. If you did report it get a record of when, who to etc.

3. If you didnt report it I would suggest you dont say anytbing along the lines of 'its been like that for weeks everyone knows' that could incriminate yourself.

4. Have you had sufficient training on the use of the machine and also the pre start checks etc.

5. Assuming you arent badly injured then the bulk of any claim you had in the future in a civil court would be loss of earnings so they may offer you a different role to get you back in, sometimes this is on a reduced rate or reduced hours, no bonus etc consider this before returning as in a civil court you would be seen to be agreeing to this therefore could affect any claim if you chose to make one.

6. HSE refer to normal duties so if they offer you a number paper pushing for a couple of months in the eyes of the HSE the injury is still inhibiting your return to work and as such should not be closed or ended under riddor.

7. The company should have completed an internal investigation into the accident, you should have the right to view this.

 

I would bevery suprised if they were givin you the boot fella Id say its more likely they wana get you in to inconveinience you for your sick pay and to assess how you are getting on, i.e. if u are genuinly injured or tryna pull a fast one.

 

 

this is all good advice.

essentially, the company needs to prove that 1. proper training was given 2. safe systems of working were in place (and evidence that you have seen these documents, for example signed copies of risk assessments) 3. machinery was in sfae condition and properly maintained 4. proper ppe wa sprovided if required

 

h+s regulation is full of words like "suitable" and "appropriate" which have no legal definition as such. so negligence by an employer can be hard to prove, but also negligence by an employee can also be hard to prove

 

from what you have said i doubt you will get sacked unless you were messing around, or using the equipment in an unsafe manner and this would have to be proved

[BGD 6,436]

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

 

All top advice especially on the H&S regs but I took a slight issue with this, when I was a union rep I'd turn up to sit in on any official meeting with the management if a member asked, just so the member had someone on side for support and to be witness to anything said. Depends on your union and individual rep of course but I'd hate for someone to think it wasn't worth calling their union rep because they wouldn't bother coming anyway

[beast 1,884]

 

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

All top advice especially on the H&S regs but I took a slight issue with this, when I was a union rep I'd turn up to sit in on any official meeting with the management if a member asked, just so the member had someone on side for support and to be witness to anything said. Depends on your union and individual rep of course but I'd hate for someone to think it wasn't worth calling their union rep because they wouldn't bother coming anyway

 

 

 

had a situation a couple of years ago when a bloke who worked under me came in early one morning (before normal start time) and got hurt; as his supervisor i was called up to the local council offices to speak to the EHO and when i asked my union rep to accompany me he refused, saying he was representing the bloke who got hurt, and if he helped me out he might be damaging the other fellas case !!! i was amazed and disgusted, and left the union as a result

[BGD 6,436]

 

 

 

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

All top advice especially on the H&S regs but I took a slight issue with this, when I was a union rep I'd turn up to sit in on any official meeting with the management if a member asked, just so the member had someone on side for support and to be witness to anything said. Depends on your union and individual rep of course but I'd hate for someone to think it wasn't worth calling their union rep because they wouldn't bother coming anyway

 

had a situation a couple of years ago when a bloke who worked under me came in early one morning (before normal start time) and got hurt; as his supervisor i was called up to the local council offices to speak to the EHO and when i asked my union rep to accompany me he refused, saying he was representing the bloke who got hurt, and if he helped me out he might be damaging the other fellas case !!! i was amazed and disgusted, and left the union as a result

That's fecking shocking pal, he should have at least offered to call in another rep to avoid conflict of interest. What union was it if you don't mind me asking?

[ryaldinhio 4,781]

 

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

 

All top advice especially on the H&S regs but I took a slight issue with this, when I was a union rep I'd turn up to sit in on any official meeting with the management if a member asked, just so the member had someone on side for support and to be witness to anything said. Depends on your union and individual rep of course but I'd hate for someone to think it wasn't worth calling their union rep because they wouldn't bother coming anyway

Unfortunately there has been redundancies recently and everyone who rang the union, I believe it is Unite, and asked for someone to attend the meeting was refused. They were all told the same that union reps dont attend the first 'at risk' meeting and that if the union felt they had a case after this meeting then they would 'look into it'. Im sorry if what I said offended fella but the support just wasnt there for these guys when needed and one of the fellas was late fifties and paid into union since being 15!!!!

 

I would be suprised if they went to a meeting which hasnt been labelled with anything, just someone being called infor a discussion.

 

Factory or production unions may be different to construction though?

[BGD 6,436]

 

 

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

 

All top advice especially on the H&S regs but I took a slight issue with this, when I was a union rep I'd turn up to sit in on any official meeting with the management if a member asked, just so the member had someone on side for support and to be witness to anything said. Depends on your union and individual rep of course but I'd hate for someone to think it wasn't worth calling their union rep because they wouldn't bother coming anyway

Unfortunately there has been redundancies recently and everyone who rang the union, I believe it is Unite, and asked for someone to attend the meeting was refused. They were all told the same that union reps dont attend the first 'at risk' meeting and that if the union felt they had a case after this meeting then they would 'look into it'. Im sorry if what I said offended fella but the support just wasnt there for these guys when needed and one of the fellas was late fifties and paid into union since being 15!!!!

 

I would be suprised if they went to a meeting which hasnt been labelled with anything, just someone being called infor a discussion.

 

Factory or production unions may be different to construction though?

No offense taken pal I'm just sorry you and the lads were so thoroughly let down by your union! Fecking disgraceful behaviour, though sadly not that surprising coming from one of the biggest unions

 

As you say it really does depend on the union and also your individual rep, I was a rep for the IWW so we were a bit more militant in our support of our members, we certainly wouldn't of let you go to a fecking redundancy meeting with no representation.

[The one 8,511]

If you knew it was defective why did you use it ? That's the first question your going to be asked .

We do a lot of stuff on computers and you can take as many shots as you like till you get a pass mark , but once you do they use it against you , you rember I'm 2010 when you did that senireo on the computer you said so you know your not to do that

[beast 1,884]

 

 

 

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

All top advice especially on the H&S regs but I took a slight issue with this, when I was a union rep I'd turn up to sit in on any official meeting with the management if a member asked, just so the member had someone on side for support and to be witness to anything said. Depends on your union and individual rep of course but I'd hate for someone to think it wasn't worth calling their union rep because they wouldn't bother coming anyway

 

had a situation a couple of years ago when a bloke who worked under me came in early one morning (before normal start time) and got hurt; as his supervisor i was called up to the local council offices to speak to the EHO and when i asked my union rep to accompany me he refused, saying he was representing the bloke who got hurt, and if he helped me out he might be damaging the other fellas case !!! i was amazed and disgusted, and left the union as a result

That's fecking shocking pal, he should have at least offered to call in another rep to avoid conflict of interest. What union was it if you don't mind me asking?

 

 

 

yes, he should have got another rep for me, or to be honest a solicitor to accompany me to the council. that was the gmb, i joined unite after that and found them much more professional in many aspects of their work

[BGD 6,436]

 

 

 

 

 

2. I have some experience with unions and I would be very suprised if they came to this meeting. They are more likely to give you a few pointers on questions and ask you to report back. The union dont like getting involved especially with H&S. You say they are involved what have they done so far?

All top advice especially on the H&S regs but I took a slight issue with this, when I was a union rep I'd turn up to sit in on any official meeting with the management if a member asked, just so the member had someone on side for support and to be witness to anything said. Depends on your union and individual rep of course but I'd hate for someone to think it wasn't worth calling their union rep because they wouldn't bother coming anyway

 

had a situation a couple of years ago when a bloke who worked under me came in early one morning (before normal start time) and got hurt; as his supervisor i was called up to the local council offices to speak to the EHO and when i asked my union rep to accompany me he refused, saying he was representing the bloke who got hurt, and if he helped me out he might be damaging the other fellas case !!! i was amazed and disgusted, and left the union as a result

That's fecking shocking pal, he should have at least offered to call in another rep to avoid conflict of interest. What union was it if you don't mind me asking?

 

yes, he should have got another rep for me, or to be honest a solicitor to accompany me to the council. that was the gmb, i joined unite after that and found them much more professional in many aspects of their work

You're not the first person I've known to be properly let down by their GMB rep but to be fair to them I've also known some GMB reps that always went above and beyond for their members, really is luck of the draw sometimes.

 

Glad to hear your experience with Unite was more positive

[ryaldinhio 4,781]

Any news on the meeting?

[ryaldinhio 4,781]

no news then???

[MR TEA POT 1,287]

He could have got the sack and is trying to drink his local pub dry.....hopefully he hasn't ?