Could I be sacked for being unsafe?
Could I be sacked for being unsafe?
Author
Discussion

mrbicyclet

Original Poster:

42 posts

156 months

Friday 13th September 2013
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Hello, first post but long, long time lurker.

Anyway I know there are a lot of knowledgeable people here so thought I would ask. Could I be sacked, as an apprentice, for doing a job that didn't have the correct tools (steps in this case)to complete safely? The steps provided where not really up to spec but is it up to me to refuse to do the work or should managers, who witnessed this work, hold some responsibility to stop me working unsafely?
Thanks

Mobile Chicane

21,985 posts

241 months

Friday 13th September 2013
quotequote all
What happened?

frank hovis

534 posts

293 months

Friday 13th September 2013
quotequote all
If a manager deems it gross misconduct then yes
Where you under instruction to use the tools from a senior ?
Do you have a any record of the job ie instructions to perform the task ?

You need to understand your responsibities under the health and safety at work act 1974



ArmaghMan

2,791 posts

209 months

Friday 13th September 2013
quotequote all
frank hovis said:
If a manager deems it gross misconduct then yes
Where you under instruction to use the tools from a senior ?
Do you have a any record of the job ie instructions to perform the task ?

You need to understand your responsibities under the health and safety at work act 1974
Company responsibility Frank?
Guy states he is an apprentice. Massive duty of care on the employer there. Unless someone senior told him not to carry out the task and he ignored them, then I'd guess he is on fairly secure ground.

mrbicyclet

Original Poster:

42 posts

156 months

Friday 13th September 2013
quotequote all
Wrote a long reply but it was eaten.

Without giving too much away I had to use steps to climb on to a piece of machinery that wasn't isolated, but stoppwd, to check the process.

I wasnt specifically told to do it this way but it is the way others have done it. Manager has seen me do it but didnt stop me and nothing has been said so far. Just wondered where I stood if it was brought up

frank hovis

534 posts

293 months

Friday 13th September 2013
quotequote all
There is a duty of care on his employer of course but as he stated he knew he was using incorrect equipment on equipment that wasn't isolated .
That could count as serious / gross misconduct if the employer chose to view it in that way .
As his line management chose to ignore the issue at the time it would indicate they are unlikely to take it further so he is probably in the clear

STW2010

5,918 posts

191 months

Saturday 14th September 2013
quotequote all
mrbicyclet said:
Wrote a long reply but it was eaten.

Without giving too much away I had to use steps to climb on to a piece of machinery that wasn't isolated, but stoppwd, to check the process.

I wasnt specifically told to do it this way but it is the way others have done it. Manager has seen me do it but didnt stop me and nothing has been said so far. Just wondered where I stood if it was brought up
You are responsible for your own H&S. If something went wrong then it would result in serious injury- the blame may will lie with your employer for not providing sufficient training and/or for not supplying the correct tools, but in my personal view there is no substitute for common sense. The job sounds dangerous and, even if everyone else takes the dangerous route, you need to think about what you're doing.

Raise this as a concern, and ensure that it is recorded. Don't do the job if dangerous again.

ch427

11,852 posts

262 months

Saturday 14th September 2013
quotequote all
mrbicyclet said:
Wrote a long reply but it was eaten.

Without giving too much away I had to use steps to climb on to a piece of machinery that wasn't isolated, but stoppwd, to check the process.

I wasnt specifically told to do it this way but it is the way others have done it. Manager has seen me do it but didnt stop me and nothing has been said so far. Just wondered where I stood if it was brought up
As an apprentice personally i do not think you should be responsible for isolating machinery, good on you for stopping though to check.
Dont ever get caught up in the this is how others have done it culture as it is usually wrong.

MajorProblem

4,700 posts

193 months

Saturday 14th September 2013
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You know the correct way, older guys show you the quick way that you adopt as they are the experienced ones, you then pass your shortcuts to the next guy and the cycle continues. Until someone dies.

Mr Ass

44 posts

180 months

Saturday 14th September 2013
quotequote all
Of course its up to the individual, you in this case, to refuse to do the work without the correct equipment. If no one reports it, management aren't aware theres a problem and it never gets sorted until someone gets hurt.

As for getting the sack, i wouldn't have thought so. I don't know the management structure where you work, but if my manager saw me doing something i shouldn't, he'd stop me doing it there and then (acts and omissions), give me a bit of a bking, infront of whoevers there, not to embarrass me, to highlight the issue to everyone and that would be it. He's not likely to report it higher, it'll only cause more paperwork for him and he can still sort the issue, without the involvement of H&S.

It would be a different story if i was witnessed doing it by another manager, or H&S etc

Yes we all do things we know we shouldn't, jobs need doing, health and safety gets in the way, but theres an art in not getting caught.

mrbicyclet

Original Poster:

42 posts

156 months

Monday 16th September 2013
quotequote all
Thanks for the advice, nothing has been raised so I seem to have got away with it. Will definitely be more careful in the future