Do I have a defence or should I just resign

[Username1986]

Hi there will try and keep this short and hopefully will make sense to someone.

I work for a large uk Audio visual company as an engineer,

2 months ago I was caught breaching health and safety namely working at heights.

Basically My drill packed in on said job I requested a new one which unknown to me one of the mangers was on his way, I did what I could do without a drill I left my ladders against the customers wall and headed to another job round the corner hoping I wouldn't need a drill luckily I didn't need one for that job.

Meanwhile the tm turned up on site at the other job seen my ladders Wernt strapped to the wall then drove and hid down the road in wait for me. I returned to the job unaware my manager was there watching me, I say in my van waiting for an engineer to turn up with a drill baring in mind the reason for the tm to come on site was to provide me a drill but instead he hid!

15 minutes later the engineer turned up with drill I then went ahead and started the installation 10 seconds into drilling up my ladders the tm pulled up whilst leaning over the passenger seat to photograph me.

If my version of events can be proven does that make him liable for knowing I was going to breach? I know that doesn't excuse me but I have been suffering with depression for some time.

Could anyone advise please
Thanks in advance

[ULA]

According to your post this incident happened 2 months ago what if anything has the company done in the meantime in terms of taking any action against you?

[Username1986]

Hi sorry I should have said in the post,

Straight after the incident happened the manager suggested we go to a hotel and commence with an investigation, at the time I was going through various issues with family ect which I believed contributed to me being wreck less with my own safety, I then decided to go straight on the sick as my mind was elsewhere so the investigation hasn't yet happened I'm now signed off and able to attend the investigation which is being planned for next week.

If if a manager sees a set of ladders propt against a unsecured does he have a duty of care to lay them down ect and put them in a safe place?

[ULA]

Thank you for the update. So you have been signed off sick since the incident however you seem to indicate you will be able to attend the investigation as planned next week. Did the company know that you have been suffering depression for a time before the incident happened and that you have been dealing with family issues that may have meant your concentration may not have been 100% focused on your job?

From what you have said you admit that you have breached the health and safety regulations the company have set out by not securing the ladders. Also by not securing the ladders at the start of the job you had already breached these rules before your manager turned up on site.

I would suggest that in the investigative meeting you either refer to the previously notified depression and family issues you have been dealing with and suggest that as a result you may not have been concentrating as fully as you should have been on health on safety issues or inform the company, if they were not aware of these issues. Explain that you believe that these may have been a contributory factor to you overlooking the health and safety requirements of the job in this instance.