Disciplinary for potentially saving a life!

[Vegas33139]

Hi all,

 

I had an accident in work on August 12th. Today, I had a letter from my employer that I need to attend a disciplinary hearing next week because I initially failed to report my mishap to all and sundry.

 

Is there a time limit for when the incident actually happened and when my employer can call me for a disciplinary?

 

 

Funnily enough, I asked for a copy of the incident report I submitted to our jobsworth, sorry, very efficient H&S rep, to show my creditors that I'm not pulling a fast one when I tell them I can't pay my bills due to being off work after an accident. One day later this disciplinary letter comes through the door!

[Sidewinder]

No hard and fast rules I'm afraid - the only requirement is that the time periods should be 'reasonable' but there is no definition of what is and is not 'reasonable' as circumstances may dictate that. In your case, the employer might well be able to say that they have taken time to conduct an investigation and that this has now been concluded and a decision made to look at disciplinary action.

[stu007]

Hi

 

This Link from HSE on Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) Change – 6 April 2012 -

 

http://www.hse.gov.uk/riddor/reporting-change.htm

 

Now since this is disciplinary some things to bear in mind:

 

* You have the Right to be Accompanied by either a Work Colleague or Union Representative.

* You should have been given a copy of the Disciplinary Procedure.

* You should be given copies of all evidence to be used at the disciplinary.

* You have the right to request attendance of any witnesses.

 

Now what I would be requesting in writing from the companies HR Dept is as follows:

 

1. Disciplinary Policy and Procedure.

2. Training Record - (to ensure you have been trained in it)

3. Health & Safety at Work Policy and Procedure.

4. Accident Reporting Policy and Procedure.

5. Companies RIDDOR Reporting Policy and Procedure.

 

(NOTE - Now you want the full unedited version of these and not what is in a staff/employee handbook as these may be an edited shortened version, also when you get these alway check the date they were approved and importantly the date they are due the Next Review)

 

Now please also have a look at the ACAS Website lots of useful info their: www.acas.org.uk/

 

These PDFs may be of use:

[Vegas33139]

Thanks so much guys.

 

Your info is invaluable. I feel I have been dealt a cruel blow here and my company are 'enthusiastically' pursuing this disciplinary for whatever reason. It's making me feel knotted inside.

 

It's a total non-event if you ask me. The only person to dip out as it were is me for being off sick for 6 months due to surgery and the recovery period and trying to survive on SSP and fight off creditors.

[becky2585]

Try not to take it personally. I did a stint in personal injury and by strange coincidence, the letter before action for work related accidents was usually closely followed by the injured party being disciplined for the accident!!

[Vegas33139]

Hi everyone.

 

I'm a (night-shift) class 1 HGV driver. Whilst making a delivery, I unclipped a retaining strap that secures the load steady when in transit, As I release the strap, two cages (on wheels) started to creep forward. One was light and loaded with cereal, the other was loaded with drinks and much much heavier. I stopped the light one with my boot but instinctively reached out to stop the heavy cage full of drinks with my right arm, it twisted it back a little causing me some momentary discomfort, but felt OK but a little achy after a few minutes. My instinctive reactions saved that cage rolling off the end of the trailer and onto the store workers who where wheeling the cages into the store from a scissor lift 10 feet below the end of the trailer.

 

When I finished my shift that morning and handed in my paperwork and was debriefed and clocked out, I headed home. Later on that day I awoke with extreme pain in my right shoulder, the one I used to stop the heavy cage full of drinks. I immediately cast my mind back that cage rolling forward and realized I had re-injured my right shoulder again with an injury I had two years ago.

 

I rang work straight away and said I wont be in tonight and I'm off to A&E for a scan. Anyway, as it happens, after an Ultra Scan, My fears where realized. I had ripped the Rotator Cuff Muscle again. On further X-rays at the hospital, it was found out that there was also a Calcific Impingement and arthritic bone left over from the previous time I had injured my shoulder and this required surgery.

 

I waited 5 months before I got a date for surgery - that went Ok and now I'm off for another 3-4 months recovery period.

This Saturday morning, I receive a letter from my employer that I'm to attend a disciplinary hearing this coming Friday for misconduct concerning an 'Unsafe Action' i.e trying to control two cages instead of one And failing to report my accident!

 

WTH? If I hadn't of instinctively reacted stop that cage rolling forward it could of killed someone!! Also, in my opinion, at the time there wasn't an accident to report. it all happened in a split second. The cages rolled forward very slowly for about two feet. no one at that time was non-the-wiser that anything had happened. I shook off the pain in my shoulder the same as would if I banged my knee getting into the cab, rapped my knuckles when coupling up my trailer, had a crappy seat in my truck and my back was a bit achy when I finished work! It was nothing, so in my mind there was nothing to report, accident wise. An injury only became to the fore hours after the event.

 

It wasn't until I rang in to say that i won't be in tonight that our overly enthusiastic H&S rep rung me with steam coming out of his ears. I would put money on it that he is the alledger.

 

i

Edited January 13, 2013 by Vegas33139

[Emmzzi]

wait and ssee. it may be more about why were they loose in the first place or why didn't you fill in an accident report straight off. instinct is instinct, but procedure is procedure...

[Vegas33139]

wait and ssee. it may be more about why were they loose in the first place or why didn't you fill in an accident report straight off. instinct is instinct, but procedure is procedure...

 

I think that's all I'm going to hear about next week Emmzzi. I didn't report an accident because there was nothing to report inmho. I stopped two cages rolling forward two feet, all over in a nano-second. Cages rolling forward are an every day occurance if you don't level off the trailer. There's absolutely no way of knowing your trailer is level other than guess work or sum it up with your eyes. The trailer must of been pretty level because I had unloaded half the trailer by the time I got to these couple of cages that started to roll.

[becky2585]

Are they disciplining you in relation to an incident which occurred 5 months ago, or have I read that wrong?

[honeybee13]

Hello there.

 

I've merged your thread from yesterday with the new one from just now. Please continue to post here and keep all your questions to one thread. It helps the people trying to advise you.

 

My best, HB

[Vegas33139]

That's correct, Becky.

[Emmzzi]

no brakes on the cages?

[Vegas33139]

no brakes on the cages?

 

 

No brakes.