Accident at work

ceridwen

I echo what other people are saying - what is the norm in his firm/his industry - has he been given proper safety equipment and training or just been told "heres the job - get on with it". It would help if he has any proof he has asked for anything he is missing in way of proper equipment and training.

Sounds to me like the firm are trying to "put the frighteners" on him to try and scare him off claiming. My advice - put in a claim now if this is their fault (check - there will be a time limit for doing so).

notsolucky_2

He is a HGV fitter and was mending the top marker light on a unit when it happened something he and 1 other worker does all the time,every day.The other worker will go in with him and explain this which should help the situation(hopefully).He is on the phone talking to his boss now.So will report back if any news.

withabix

That suggests to me that it was the standard practice at his workplace, so his employer is almost certain to be at fault.

Make sure that he doesn't sign any training records or method statements when he goes in for his meeting.

ben500

withabix wrote: »

That suggests to me that it was the standard practice at his workplace, so his employer is almost certain to be at fault.

Make sure that he doesn't sign any training records or method statements when he goes in for his meeting.

Make sure he doesn't sign ANY documents at this or any subsequent meetings without having them checked. As withabix mentions from what you have said it would appear that his actions are part of the daily "working practice" and tolerated by those overseeing, that toleration is considered consent and will weigh heavily in the event you need to claim.

notsolucky_2

The only problem is where he had the accident there was portable bigger ladders that the company are saying he should have used(although there are no access to these at other sites where they mostly work as they are both mobile fitters) so they are saying he should have used these problem being they cannot and have never gone of concrete as the yard is very rough potholes etc they could not have been moved safely!the other option would have been to move the trailer but this would have blocked the doors to the workshop,(the lorry was loaded and it was a bit of a rush job) interestingly though they have told the other worker the very next day not to go up any ladders!His boss said to more or less accept a written or verbal warning like a slap on the wrist,but should he have to have this on his record?
Also sorry it was not a unit he was working on it was a trailer.

Conor_3

notsolucky wrote: »

The only problem is where he had the accident there was portable bigger ladders that the company are saying he should have used(although there are no access to these at other sites where they mostly work as they are both mobile fitters) so they are saying he should have used these problem being they cannot and have never gone of concrete as the yard is very rough potholes etc they could not have been moved safely!the other option would have been to move the trailer but this would have blocked the doors to the workshop,(the lorry was loaded and it was a bit of a rush job) interestingly though they have told the other worker the very next day not to go up any ladders!His boss said to more or less accept a written or verbal warning like a slap on the wrist,but should he have to have this on his record?
Also sorry it was not a unit he was working on it was a trailer.

Your husband hasn't got a leg to stand on as the correct equipment was provided by the employer and your husband chose not to use it. A person has as equal responsibility for their own safety as their employer has to them.

The vehicle should have been moved to a position where the ladders could have been used or your husband should have refused to do the job. The fact the lorry was loaded is irrelevent as is the fact it was a rush job. There was nothing preventing the trailer being dropped and the unit being driven to the front of the workshop with the proper ladders being used there just inside the door. Takes less than a couple of minutes to drop a trailer.

As a HGV driver myself, we have to do daily checks on our lorries and aren't allowed to take them out of the yard if there's any defects no matter how much of an urgent delivery it is.

If there aren't any suitable ladders at the other locations, the fitters must refuse to do the work until the proper equipment is supplied.

withabix

Ladders shouldn't be used. They are a means of access, not a working platform.

So, in my opinion, the employer is negligent because he has not eliminated the risk by providing an alternative method of carrying out this activity.

Conor_3

withabix wrote: »

Ladders shouldn't be used. They are a means of access, not a working platform.

Perfectly suitable for changing a bulb in a marker light.

Going by your argument, an electrician should put up a scaffolding tower to change a strip light.

withabix

Conor wrote: »

Perfectly suitable for changing a bulb in a marker light.

Going by your argument, an electrician should put up a scaffolding tower to change a strip light.

Correct. There are access systems available specifically for this task.

You might be surprised by the Work at Height Regulations!

ratty630

Don't let the company fool you.
If your OH has been working there for more than a week the company should have given him some form of training in the availability and use of safety equipment on their various sites.

If they have not given him that information or if he has been allowed to use the same methods for repairing equipment (with the companies knowledge) for some time, they cannot now say he shouldn't have done it that way.

The company is responsible for the safety of employees while at work, if they failed to provide both the equipment and the instruction of when and where it is to be used, then it's the company at fault.

Best advice I can give is to contact your local CAB giving them as much information as you can as to the onsite training provided by the company and the standard working practise of other employees doing the same job in the company.

Of course the other alternative is see a personal injury solicitor from one of the no win no fee genre we are now inundated with. If they belive they can win they will take the case on, if they belive you havent a hope they will turn you down long before anyone else needs to know about it.

jobbingmusician

It's certainly worth looking round the net for solicitors to see what is out there, but remember the CAB will do it for free for you if they can, and will give good advice if they can't.

If looking for solicitors, there seem to be 2 types:

- those that take their fee out of your winnings (avoid avoid, if possible)
- those that take their fee from costs awarded on top of your winnings (sounds a lot more sensible!!!!)

There's nothing to stop you going to see the CAB and then a solicitor.......;)

IN the mean time, your employer is definitely in the wrong if they have not told you of your right to be accompanied to any disciplinary hearing. Has the company spelt out exactly what it is your husband is supposed to have done wrong? If not, it sounds VERY speculative (a try-on!) on their part.