Delayed Suspension

[nutrance]

Hi,

I have been told by someone where I work that when i return to work after my holiday I am going to be suspended while an investigation takes place into a heealth and safety breach.

Apparently I blocked a fire exit with a pallet of wood at my store.

Now the pallet was discovered on the wednesday morning and it was classed as a serious breach of health and safety (the pallet was at least one metre away and was not touching or behind the bollards that guard the door).

So it was discovered on wednesday. I was allowed to carry on working, using the forklift in the same yard when i was deemed dangerous and they didnt say a thing about the pallet to me. (I have been informed by a freind at work about the pallet).

Now i wonder if by knowing i have caused a breach of health and safety (and am supposedly a danger to the general public) and letting me carry on with job on the forklift for 3 days if the Manager has also breached health and safety by letting me do so without doing anything about my breach!! If that makes sense?

[Sapphire]

Re: Delayed Suspension

Hiya and welcome to Beagles, what your saying makes perfect sense to me and why on earth did your manager let it go for three days, if I were you I'd get in touch with the manager as soon as you can as ask why your friend is telling you about a suspension, that is the managers job, he's not supposed to get someone else to tell you.
Whilst your about it get in touch with ACAS and make sure you get all this on record.

[miliitant]

Re: Delayed Suspension

IF THEY WANT TO PLAY THOSE GAMES, KEEP THIS IN RESERVE IF YOU NEED IT


HEALTH AND SAFETY AT WORK ACT 1974

(7) It shall be the duty of every employee while at work (managers are also employees)

(a) To take reasonable care for the health and safety of himself and other persons who may be affected by his acts or omissions at work; i.e. THE EXIT WAS BLOCKED AND YOU WERE AWARE OF IT (MANAGER WAS AWARE)

(b) As regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statute provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

Duty not to interfere with or misuse things provided pursuant to certain provisions

(8) No persons shall intentionally or recklessly interfere with of misuse anything provided in the interests of health,
Safety or welfare in pursuance of any of the relevant statutory provisions.

[bluebottle]

Re: Delayed Suspension

IF THEY WANT TO PLAY THOSE GAMES, KEEP THIS IN REASERVE IF YOU NEED IT


HEALTH AND SAFETY AT WORK ACT 1974

(7) It shall be the duty of every employee while at work (managers are also employees)

(a) To take reasonable care for the health and safety of himself and other persons who may be affected by his acts or omissions at work; i.e. THE EXIT WAS BLOCKED AND YOU WERE AWARE OF IT (MANAGER WAS AWARE)

(b) As regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statute provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

Duty not to interfere with or misuse things provided pursuant to certain provisions

(8) No persons shall intentionally or recklessly interfere with of misuse anything provided in the interests of health,
Safety or welfare in pursuance of any of the relevant statutory provisions.

Exactly the Act and Section I would recommend is thrown at your manager... nailed to the offending pallet.

[miliitant]

Re: Delayed Suspension

I AM AN AREA SAFETY REP FOR A NATIONAL TRADE UNION

[labman]

Re: Delayed Suspension

I think this is a reliable source. I've highlighted the bits I think most apply to this situation:


Taken from Employers' health and safety responsibilities : Directgov - Employment


The employer's duty of care in practice

All employers, whatever the size of the business, must:

• make the workplace safe
• prevent risks to health
• ensure that plant and machinery is safe to use, and that safe working practices are set up and followed
• make sure that all materials are handled, stored and used safely
• provide adequate first aid facilities
• tell you about any potential hazards from the work you do, chemicals and other substances used by the firm, and give you information, instructions, training and supervision as needed
• set up emergency plans
• make sure that ventilation, temperature, lighting, and toilet, washing and rest facilities all meet health, safety and welfare requirements
• check that the right work equipment is provided and is properly used and regularly maintained
• prevent or control exposure to substances that may damage your health
• take precautions against the risks caused by flammable or explosive hazards, electrical equipment, noise and radiation
• avoid potentially dangerous work involving manual handling and if it can't be avoided, take precautions to reduce the risk of injury
• provide health supervision as needed
• provide protective clothing or equipment free of charge if risks can't be removed or adequately controlled by any other means
• ensure that the right warning signs are provided and looked after
• report certain accidents, injuries, diseases and dangerous occurrences to either the Health and Safety Executive (HSE) or the local authority, depending on the type of business

ALSO
from HSE Guidance on Vehicles in the Workplace (it does include vehicles used for lifting):

Allocate specific responsibilities

Employers should clearly allocate responsibilities for health and safety management. All employees, contractors, subcontractors, visiting drivers, maintenance staff and other workers must clearly understand their responsibilities for maintaining a safe workplace and safe working practices. For example:

• Include safety responsibilities in employees' job descriptions, and in contracts with contractors and companies whose employees drive on site.
• Include safety issues and responsibilities in the information, instruction and training given to people who are new to the workplace;
• Raise safety issues and responsibilities while supervising employees and being in daily contact with them.

[bluebottle]

Re: Delayed Suspension

Before I had to give up work because of my FM, I was H & S Officer for my place of work. Which union are you with, Militant?

[nutrance]

Re: Delayed Suspension

thanks guys! What I mean is, the pallet was moved before the store opened. But the Manager let me continue working for 3 days doing the same job without mentioning it. Surely that is a breach by letting me carry on (even though i dont think the exit was blocked).??

[cards down]

Re: Delayed Suspension

If I was In your situation, I'd be racking my brains wondering what I'd really done to P the manager off.

[miliitant]

Re: Delayed Suspension

Before I had to give up work because of my FM, I was H & S Officer for my place of work. Which union are you with, Militant?

THE CWU

[charitynjw]

Re: Delayed Suspension

Hi nutrance, & welcome.

Just a thought - so far this is only hearsay.

If it were me, I'd be 'softly softly catchee monkey' on my return to work - with the advice given above in my back pocket, & plenty of reliable witnesses around.

[bluebottle]

Re: Delayed Suspension

THE CWU

Communication Workers Union - BT, Royal Mail, Parcelforce, etc.

[leclerc]

Re: Delayed Suspension

thanks guys! What I mean is, the pallet was moved before the store opened. But the Manager let me continue working for 3 days doing the same job without mentioning it. Surely that is a breach by letting me carry on (even though i dont think the exit was blocked).??

That is some weird place you work nutrance because I would add that is NO REASON for suspension. I would add to the mix the Data Protection Act 1998 breach on the basis that your friend, and perhaps your work colleagues know you are due to be suspended prior to being suspended. Hmmmm, wonder if doctor might sign you off with stress

[nutrance]

Re: Delayed Suspension

So can they still suspend me even though they left for three days. I hear now they let me carry on just so that i could get stuff ready for a regional managers visit!!!

[Hurricane Puffrose]

Re: Delayed Suspension

As far as im aware it needs to be dealt with there and then, with evidence to back it up, but as Charity says, have you heard from any other sources that your actually suspended?

I would also tread gently when you go back, just incase the manager has no idea about this suspension and there are colleuges in the tea room rolled up laughing! I suggest going back to work as normal, as you have had no offical notification of suspension, and if it is mentioned then get ACAS and such involved.. i worked in a warehouse for a very short time, and I know how the boys can be!!