You realise that these individuals can already be jailed if things really go south?
That's far more incentive than losing money.
I was aware of this in principle but haven't heard a case where this has actually happened and the fines i have seen imposed have been a drop in the ocean compared to the size of the company.
Happy to be proved wrong though, would be interested to see any cases.
Until managers/companies get to the point where they wouldn't dream of allowing an unsafe act because the fines are so high, say 10% of profits/turnover and very high detection rates.
Think if work has stopped and company is losing £xxx per hour/day and it could all be sorted by letting someone perform an unsafe act then they will be tempted to turn a blind eye if not directly instruct someone to do it etc
Chartered Safety advisor here
The principle contractor has a duty to manage the subcontractor, including their employees. This is detailed in law, as well as the requirement to assess and manage the risk. There are specific regs that deal with manual handling but I'd be focusing on the management of the task.
The fact of the matter is, there should be some form of object handling risk assessment on the task, which explains the risks and the control measures in place to reduce them. This will take in to account the Task, Individual, Load, Environment and Other factors (TILEO).
1) have you been shown this? Possibly as part of a site induction or toolbox talk?
2) are there no alternatives to carrying 2 at a time? I can't believe this is a condoned working practice given the carry distances.
3) have you raised you concerns to your employer? What have they said?
Keeping active is the best thing for back pain, but you will want to challenge this, before you do serious damage to your back.
If they let you go because you're "a trouble maker", I'd consider it a blessing as you don't want to be working for someone that would flaunt their legal duties and mock the welfare of their staff.
I was aware of this in principle but haven't heard a case where this has actually happened and the fines i have seen imposed have been a drop in the ocean compared to the size of the company.
Happy to be proved wrong though, would be interested to see any cases.
Judge Fines Company 'Every Penny It Has' After Speedboat Death
Following the death of an 11-year-old child who was hit by a speedboat whilst attending a friend’s birthday party that took place at a lake, the company that operated the site pleaded guilty to charges brought under the Corporate Manslaughter and Corporate Homicide Act 2007.
Charges against one of the company’s directors were dropped.
After hearing that the company had a ‘lax attitude’ to health and safety and that the speedboat driver had no recognised qualifications, the decision of the judge was to fine the company ‘every penny it has’ – £135,000 including costs.
This case is the fifth conviction under the Act and illustrates that the courts will take very seriously breaches of health and safety laws that lead to someone being killed.
Failure to comply with health and safety legislation can lead to criminal prosecution and the loss of one’s business.
The method statement and risk assessments for the permits to even be issued had to state a manual lifting aid was being used which is blatant lies as there cutting back on costs at the expense of employee's health. I can easily go and sort this but at risk of putting a lot of people in deep **** which is something i don't enjoy doing but then also i don't like being hurt. Iv already cut my hours back to my minimum possible to deal with this atleast short term until i get into the swing of things again.
There is toolbox talks on manual handling but again these state mechanical lifting aids or two man lifts which again don't follow proper lifting procedure as they lift and carry items on there shoulder, two 6m sections of unistrut on your shoulder isn't nice bouncing around on a two man lift i must say.
As to raising my concerns im going to have to now iv had time off and i will be reporting it as an injury despite the culture of people wanting there accident records to be nice so your encouraged not to really report. Plus if it ever accounts to something further down the line i have some comeback
I'd be questioning why the RA states a lifting aid, if there isn't one available.
You shouldn't be concerned about reporting incidents, and certainly not about raising concerns. It's your legal duty to report h&s shortcomings to your employer, so you'd be actually "condoning" the bad practice if you didn't. How many others are in a similar position that could be harmed by not reporting it? Think about that.
Sounds to me like there are cultural issues at play, which are never easy to deal with. If you can speak to the principle contractor / your employer and get them to look at the task with you, they may see the issue from your perspective.
Cost cutting is not a legal defence. The law states that risks must be reduced "so far as reasonably practicable", which (from what you've said) they can't demonstrate. Don't go quoting law to them, they don't like thatD) but if you have a union representative, you may be able to raise your concerns through them.
Cut the unistrut down to 1m lengths before you take them up![]()
Well i agree it should, but until companies and managers are held directly responsible for breaches / accidents as another poster mentioned then money will always win.
Even companies seen from outside to be H&S conscious or even going above and beyond the legal requirements with good reputations, its generally all for show, lots of meetings, H&S briefings, Branded memos/briefs all 100% legally correct and compliant, but the reality is they then unofficially instruct employees to break H&S all day everyday and if the poo hits the fan they will just blame the employee for the breach and make them out to be rogue and point to all the official H&S material they have produced.
The principal contractor is my employer, I work directly for them but im subbed out to other companies for periods of time to hit my relevant units to complete my apprenticeship. Ill speak to my manager i report to tomorrow as he knows why iv been off as iv been reporting my sickness days to him and inform him of the reasoning behind it and see if something can get done about it and see if im within my rights to refuse to do it and they would back me up if it is excessive. I am always told if there is any issues don't do the work and come report to someone at offices and it will be sorted out but how much of that is talk and how much is what they would really do? Debatable
7 General duties of employees at work.
It shall be the duty of every employee while at work—
(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and
Your employer (being the principle contractor) still has overall duty of care, so that's a good start (that you can go direct to them).
You are within your rights to not place yourself in a situation of harm. Section 7 of HSWA 1974 covers you here.
If they're a big company they should take your concern seriously, especially if you have a workplace related injury.
Sorry but yes, it does.
We are now cutting concrete blocks in half because they are too heavy for repetitive lifting, anyone who says we don't take H&S seriously needs to come and have a look what we do.