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Has the health and safety at work law been broken?

All Health & Safety issues in here.
Elle
Posts: 13
Joined: 07 May 2012, 08:18
Gender: Female

Has the health and safety at work law been broken?

Post by Elle »

Can anyone enlighten me please,

If an employee identifies a potential hazard to their health and safety to their line managers on three consectutive days and nothing is done to minimise the hazard and it results in the employee being injured are the employers in breach of the Health and Safety at work law?

If line managers are not aware of an employee being present in the building even though the employee has signed in are they in breach of the above law?

If so is this a criminal offence?
Himaggen
Posts: 993
Joined: 09 Oct 2007, 23:40

Re: Has the health and safety at work law been broken?

Post by Himaggen »

Elle wrote:If an employee identifies a potential hazard to their health and safety to their line managers on three consectutive days and nothing is done to minimise the hazard and it results in the employee being injured are the employers in breach of the Health and Safety at work law?
Depending upon the circumstances I would suggest you are very careful if you are intending to apportion blame directly to the Employer. There are questions to be asked about what procedures had been undertaken by the Employer in an attempt to reduce that risk and also what steps were taken by the employee.

Employees are responsible for ensuring their own Health and Safety too.

If you report a delicately balanced anvil above the front door of number twelve on Monday, Tuesday and Wednesday, then you cannot state that you were not fully aware of the hazard when it landed on you on Thursday.
IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: Has the health and safety at work law been broken?

Post by IcanthelpthewayIam »

Elle wrote:Can anyone enlighten me please,

If an employee identifies a potential hazard to their health and safety to their line managers on three consectutive days and nothing is done to minimise the hazard and it results in the employee being injured are the employers in breach of the Health and Safety at work law?
Possibly would depend on the severity of the hazard and the circumstances around it, employee could also be in trouble as they injured themselves on a hazard they have known is there
Elle wrote:If line managers are not aware of an employee being present in the building even though the employee has signed in are they in breach of the above law?
Short answer no
Elle wrote:If so is this a criminal offence?
beazer
Posts: 19
Joined: 16 Sep 2007, 08:06

Re: Has the health and safety at work law been broken?

Post by beazer »

Himaggen wrote:
Elle wrote:If an employee identifies a potential hazard to their health and safety to their line managers on three consectutive days and nothing is done to minimise the hazard and it results in the employee being injured are the employers in breach of the Health and Safety at work law?
Depending upon the circumstances I would suggest you are very careful if you are intending to apportion blame directly to the Employer. There are questions to be asked about what procedures had been undertaken by the Employer in an attempt to reduce that risk and also what steps were taken by the employee.

Employees are responsible for ensuring their own Health and Safety too.

If you report a delicately balanced anvil above the front door of number twelve on Monday, Tuesday and Wednesday, then you cannot state that you were not fully aware of the hazard when it landed on you on Thursday.
But that anvil could fall on the OPG covering your walk on Thursday who was unaware as the manager has not taken any action to minimise the risk

If you report a hazard on your walk the manager should log it on the WRAP and update your walk log before the next time the walk is due to go out. They must also try to minimise the risk even if it means suspending the delivery to an address.
In this case employers are in breach Under the Health and Safety at Work Act Section 2
Elle
Posts: 13
Joined: 07 May 2012, 08:18
Gender: Female

Re: Has the health and safety at work law been broken?

Post by Elle »

Accident happened due to relief collector not being given the keys to empty an overflowing box. Husband asked and told line managers on 3 consecutive days about the problem. Even got the relief collector to ask for the keys to box but they were not available. Grievance at stage two have said the keys should have been made available. The result of all this was stress and husband being placed on section two of mental health act. Now going through IHR process and his line manager said husband had attitude problem. After 36 years of working for Royal mail I am having to fight my husbands corner we have had no apology they just dont give a s*****T.
IcanthelpthewayIam
Posts: 4067
Joined: 26 May 2009, 13:37
Gender: Male

Re: Has the health and safety at work law been broken?

Post by IcanthelpthewayIam »

Elle wrote:Accident happened due to relief collector not being given the keys to empty an overflowing box. Husband asked and told line managers on 3 consecutive days about the problem. Even got the relief collector to ask for the keys to box but they were not available. Grievance at stage two have said the keys should have been made available. The result of all this was stress and husband being placed on section two of mental health act. Now going through IHR process and his line manager said husband had attitude problem. After 36 years of working for Royal mail I am having to fight my husbands corner we have had no apology they just dont give a s*****T.
what was the actual accident that happened?
Elle
Posts: 13
Joined: 07 May 2012, 08:18
Gender: Female

Re: Has the health and safety at work law been broken?

Post by Elle »

Actual accident was a back injury to facet joint. Royal mail have accepted partial blame however it is too little to late. Husband had said three times to line managers about the box being compact that he couldnt get mail out and he even asked rrlief collector to ask for keys for box. Husband managers said to husband they would make sure keys were available, bit they didnt hence injury.