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PPE

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julietrvn
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PPE

Post by julietrvn » Tue Nov 07, 2017 7:25 pm

Hi
i know that under the PPE regs we cant charge employees for PPE but where do we stand in charging for deliberate defacing of PPE, can we charge for replacement items to be issued, if not under the PPE regs can we class it as damage to company property do you think?
thank you
Juliet

Steve M
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Re: PPE

Post by Steve M » Tue Nov 07, 2017 8:41 pm

Health and safety at work etc. act 1974 section 8

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

No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.
Depending on seriousness I would take them aside and make them aware of this regulation and that is a legal requirement, this will highlight the importance of looking after their PPE, make a file note and advise that disciplinary action may be taken if it happens again.

Andyblue
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Re: PPE

Post by Andyblue » Wed Nov 08, 2017 1:51 pm

If we know it was deliberate abuse or damage to the PPE the speak formally to the worker, follow a discipline procedure and letter of outcome. Then company replace the kit. Any repeat deliberate acts, again fully investigate. If it’s a repetition or similar abuse then I’d treat as gross misconduct and for the welfare / safety of all involved then look at dismissal.
IMHO, it’s not for a quiet word. For so many reasons it needs to be documented. Formally and robust action taken, not only for the safety of the individual but that of others and the long term welfare of all affected by the business.

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AdamJ
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Re: PPE

Post by AdamJ » Thu Nov 09, 2017 9:46 am

I'm with Andy. Not a quiet word but a warning, and then if that doesn't work disciplinary proceedings. At that point you have a wider HR issue to consider though in that does 'defacing' interfere with the safe operation of the PPE? If he writes 'I hate work' on a hard hat, that is defacing but probably won't materially render the hard hat less suitable for its purpose. In that instance the company needs to set out what is and isn't acceptable treatment of what is company-owned property - far more of a HR issue that a H&S one.

Steve M
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Re: PPE

Post by Steve M » Sat Nov 11, 2017 11:48 am

I know where you guys are coming from, my company has the same attitude, that is why we have such a high turnover of staff.

If this happened on my site I would wonder what I had done wrong, I would speak to the person and ask them what I could have done differently so they didn't feel the need to damage the equipment, there are so many reasons why they may have done it, by threatening them you may never find the reason.

I like to take the pressure off them and blame myself, they are then more likely to open up and tell you why? once you know why you can work out how to deal with it.

This is why people will come to me with their concerns, instead of "it's fudging H&S at it again".

Where I work they love to give out a final written warning on the first offence, that means if they do something silly there is nowhere else to go except dismissal, to get around it to keep a valuable member of staff they extend the final written, makes a mockery of the system.


julietrvn
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Re: PPE

Post by julietrvn » Sat Nov 11, 2017 3:27 pm

thank you for your replys. The main issue we are facing is that the majority of employees have began to write on their high vis vests, some of can be classed as obscene or offensive. as well as costing the company a fortune to replace, we do have a large number of visitors and potential clients visiting and it really doesnt give a very good 1st impression :(

Steve M
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Re: PPE

Post by Steve M » Mon Nov 13, 2017 10:55 am

julietrvn wrote:
Sat Nov 11, 2017 3:27 pm
thank you for your replys. The main issue we are facing is that the majority of employees have began to write on their high vis vests, some of can be classed as obscene or offensive. as well as costing the company a fortune to replace, we do have a large number of visitors and potential clients visiting and it really doesnt give a very good 1st impression :(
Sack them all!!

Or you could find out who was really at fault,
majority of employees
how did it get to this stage?
Why did their manager not stop the first one?
If the manager allowed one or two then it is seen as being allowed.

Have a team brief, tell them why it is not acceptable, apologise for allowing it to happen, and replace all the Hi hi-vis garments that are affected.
Make them aware of the law and that it is their responsibility not to interfere with equipment supplied for their safety.

Then look a bit further up the chain, why did the safety team not tell the manager it was not acceptable when they first saw it? or did they see it?

Draw a line in the sand and add this issue to the induction training.

If you blame the wrong people your safety culture will suffer.

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Re: PPE

Post by stephen1974 » Tue Nov 14, 2017 2:52 pm

Do your terms and conditions cover this is any way? If not, an additional step to disciplinary action is to change terms and conditions so that it clearly states vandalised property will be paid for. I think you should be able to automatically deduct costs from wages if you put it in the terms and conditions, but check with hr on that first.

Otherwise you will have to bill them for the costs and if they dont pay, pursue them for costs as stoppages would not be legal.

So
1, Replace PPE
2, Disciplinary Actions
3, Issue bill for replacement or stop wages if allowed.
4, New terms and conditions if need be.

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