Health & safety at work

[JJy2k]

I operate a forklift truck at my companies premises. I am sometimes asked by senior staff to do somthing which I believe breaches health & safety at work and is therfore probably illegal. The said task involves lifting a co worker on a pallet to reach boxes. Is this a breach of h&s and do I have the right to 'walk off site' on these grounds? Also, can the senior staff just plead ignorance? Any help is much appreciated.

[bednobs]

yes its illegal - anything used to lift a man is subject to loler regulations and must be tested and certificated every 6 months as it is for man-ridinig purposes.
1) if you are going to use a fork lift for man-riding purposes, it must be tested and certified every 6 months.
there are man-riding baskets that can be used specifically with fork lifts that can be hired or purchased. I suspect your pallet is not subject to a 6 monthly testing regime, YOU as the operator AND the company are in breah of health and saftey at work act (1974). and are subject to (in the event of a serious accident) unlimited fines and/or imprisonment therefore you have a duty of care as the operator NOT to carry out instructions requested by your employers in this case and you would win ANY tribunal for unfair dismissal based on those grounds. Not sure how many times youve done it in the past, but be aware the man on the pallett only has to fall off once to ruin yours and his life forever. For your own sake and that of your colleaugue, think "what if....." not "if only....."
The senior staff cannot plead ignorance - because they should be competent personel and have a good understanding of health and saftey law, otherwise they should not have been appointed. Not sure about walking off site, but you can refuse to carry out this unsafe act

[Jugglering]

Not only can you refuse to do this crazy stuff but you might want to contact the HSE themselves. You and your colleagues should not have to put up with this sort of dangerous occurrence.

http://www.hse.gov.uk/contact/index.htm

HSE Infoline 0845 345 0055

[JJy2k]

Thankyou people, sound advice and much appreciated. Just be good to know exactly where I stand on the issue of leaving the premises as I feel this is intolerable behaviour from my employers and makes me feel uncomortable when put in this situation.

[bednobs]

As i said, dont know about leaving - try just refusing. i wouldnt have thought you had a "right" to leave

[Jugglering]

Don't leave the premises.... just say, politely, to your supervisor that it is not safe to *do that* and ask to see the risk assessment - that'll have 'em quaking... In your break ring the number I gave you and speak to the HSE (Health & Safety Executive)... They have serious powers and can close sites/factories/offices down for breaches of health and safety rules.

[JJy2k]

Thank guys very useful. Keep you posted.

[buildersmate]

I agree with the above - 'don't leave the premises'. Just refuse to do the dangerous job. Walking off the site may give you other problems - being disciplined for refusing to work (at all), for example. If the employer decides to send you home for refusing to do that job, that's a different matter.

[JJy2k]

But surely they must be breaking somthing in the contract of employment regarding providing a safe working environment or such like?

[bednobs]

but not breaking your contract with them. They are not failing to provide a safe environment for you!

I am curious to know why you are so insistent about walking out? If this is the only problem, then just refuse to do that task, and carry on with everything else!

[JJy2k]

Im not keen on walking out of my job at all, quite the opposite. I today informed my manager that I am not prepared to engage in lifting anybody using the fork truck and he was fairly sheepish about the whole thing. I explained that should somthing go wrong, not only would it be me who is liable, but also the company. He knew I was right and his few words spoke volumes. Just be interesting to see what they will do next time the situation comes around.

[JJy2k]

'but not breaking your contract with them. They are not failing to provide a safe environment for you! '


But are my employers not breaking one of their statutory obligations to me and my colleagues? They are failing to provide a safe environment for me beacuse once my colleague has been lifted to the required height, myself and others then have to lift down the boxes that he has rested by his feet on the pallet. What if he fell off or tripped and landed on usor what if the pallet snapped? Is that not putting us in danger too and therefore breaking the right to a healthy and safe working environment?