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Refusing a reasonable request

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  • Refusing a reasonable request

    I work on the bins and for the past couple of months someone as been fly tipping in one of the bin stores. All kinds of rubbish piled up to waste height. I've reported it every week and nothings been done.
    One of the residents has got the environmental health involved so then I had a request to go and clear the bin store.
    I refused and now have been asked to go for an investigation to see if disciplinary action is necessary.
    To me the request is unreasonable.
    I know the kind of people that live on this road and there's every chance of needles and other nasty stuff lying in the middle of it all. I've never been asked to do anything like this in the 10 years I've worked here. It's the council's responsibility to deal with fly tipping were subcontracted im here to empty bins. Any advice will be appreciated. I can only see myself getting a written warning but still that's 12 months of avoiding anything else they'll try stick on me.
    Tags: None

  • #2
    Re: Refusing a reasonable request

    When they asked you to go and clear it, did they provide any special PPE?

    The reason I ask is that when our local fly-tipping spot is cleared it's done by people in white bodysuits, gauntlets and face masks.

    If they didn't provide for your safety, I'd say that you had a legal responsibility to refuse the task.

    Comment


    • #3
      Re: Refusing a reasonable request

      http://www.legislation.gov.uk/ukpga/1974/37/section/2

      http://www.legislation.gov.uk/ukpga/1974/37/section/7

      Comment


      • #4
        Re: Refusing a reasonable request

        Thank you.
        No extra ppe was offered.

        They've also put in the letter that my failure to clear it could have resulted in a financial penalty to the business.

        My argument to that is that I've reported it from day 1 and their the ones that should have dealt with it then instead of letting it get to this stage.

        Comment


        • #5
          Re: Refusing a reasonable request

          I would suggest that you help the investigator by handing in a document outlining the circumstances. Perhaps something like this:

          For the past few months I have reported this fly-tipping to xxxxx every week as I believed that it was the Council's responsibility to remove it.

          As far as I am aware, no action was taken and the first mention of a potential financial penalty to the business was in the investigation letter.

          After a resident reported the matter to Environmental Health I was asked to clear it.

          I wasn't offered any special PPE. There could be needles, asbestos or other hazardous items amongst the waist high pile.

          I have a responsibility to consider my own health and safety at work so I declined the request to clear that particular waste.

          If I, or anyone else, had been injured when I was knowingly carrying out a task that I believed to be unsafe I would expect my negligence to be considered Gross Misconduct.

          Comment


          • #6
            Re: Refusing a reasonable request

            you've been a great help thank you

            Comment

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