Dangerous or am I being paranoid?

sazaccount

You need to report this as an incident "Near Miss", with your company HSE rep/officer, If the company has more than 5 employees there will be someone who deals with HSE and have a procedure in writing in place. Make sure you complete the incident report, take a copy and hand it to management/HSE, noting date and time of when you handed it over. T

Savvy_Sue

sazaccount said:

You need to report this as an incident "Near Miss", with your company HSE rep/officer, If the company has more than 5 employees there will be someone who deals with HSE and have a procedure in writing in place. Make sure you complete the incident report, take a copy and hand it to management/HSE, noting date and time of when you handed it over. T

AND keep a copy ... Someone as reckless as to do something like this is quite capable of 'losing' paperwork. 

red_eye

I was recording with my phone at the time but it doesn’t pick up sound of the lift because the engine running and it’s doesn’t show the lift moving as I was moving and like an idiot I stopped recording as soon as I got out.
It does show him at the controls with is hand on the leaver to disengage safety and finger on the button to lower.

there was another employee under with me but he got out before the manager came only issue with him is that he would like to keep his job.

I’ll have a look and see if I can get any info from the poster there is a name and number but seems like time has faded the ink

robatwork

Do you mean the other employee won't be a witness or write a statement?
Your story was light on detail - how did it finish?
Were you injured or in what other way "damaged", or was it just a near miss?

red_eye

robatwork said:

Do you mean the other employee won't be a witness or write a statement?
Your story was light on detail - how did it finish?
Were you injured or in what other way "damaged", or was it just a near miss?

I don’t think he will, he’s been there for years and is comfortable there and with a young family I don’t think he’ll be willing to put his job at risk.

i wasn’t hurt but while lowering the ramp and although unlikely if the cable went the ramp would fall the distance of the holes the powl would engage 
pic 4
https://www.ebay.co.uk/itm/4-POST-PARKING-SERVICE-LIFT-RAMP-4000kg-LIMITED-OFFER-1699-inc-vat/321817246497?hash=item4aedcd7b21:g:EC4AAOSwRLZT14Vd 

It wasn’t far from my head so it could potentially have killed me, so I guess a near miss. Operating machinery without due care?
would this come under gross misconduct? I’m wondering how they will wriggle out of this

Undervalued

red_eye said:

robatwork said:

Do you mean the other employee won't be a witness or write a statement?
Your story was light on detail - how did it finish?
Were you injured or in what other way "damaged", or was it just a near miss?

I don’t think he will, he’s been there for years and is comfortable there and with a young family I don’t think he’ll be willing to put his job at risk.

i wasn’t hurt but while lowering the ramp and although unlikely if the cable went the ramp would fall the distance of the holes the powl would engage 
pic 4
https://www.ebay.co.uk/itm/4-POST-PARKING-SERVICE-LIFT-RAMP-4000kg-LIMITED-OFFER-1699-inc-vat/321817246497?hash=item4aedcd7b21:g:EC4AAOSwRLZT14Vd 

It wasn’t far from my head so it could potentially have killed me, so I guess a near miss. Operating machinery without due care?
would this come under gross misconduct? I’m wondering how they will wriggle out of this

Well it would do in lots of (decently run) places!

However generally you cannot force an employer to take disciplinary action. Even if they do take action it is very largely up to them how seriously they treat it.

Obviously is a serious enough situation and providing they have adequate evidence the H&S executive may prosecute the individual or the employer (or both) but that of course needs the criminal standard of proof (beyond a reasonable doubt).

Had you been injured (happily you weren't) then a civil claim for damages would only need to be proved "on the balance of probabilities" i.e 51%.

Either of those could have lead to adverse publicity which may have shamed the employer into taking disciplinary action.

red_eye

Undervalued said:

red_eye said:

robatwork said:

Do you mean the other employee won't be a witness or write a statement?
Your story was light on detail - how did it finish?
Were you injured or in what other way "damaged", or was it just a near miss?

I don’t think he will, he’s been there for years and is comfortable there and with a young family I don’t think he’ll be willing to put his job at risk.

i wasn’t hurt but while lowering the ramp and although unlikely if the cable went the ramp would fall the distance of the holes the powl would engage 
pic 4
https://www.ebay.co.uk/itm/4-POST-PARKING-SERVICE-LIFT-RAMP-4000kg-LIMITED-OFFER-1699-inc-vat/321817246497?hash=item4aedcd7b21:g:EC4AAOSwRLZT14Vd 

It wasn’t far from my head so it could potentially have killed me, so I guess a near miss. Operating machinery without due care?
would this come under gross misconduct? I’m wondering how they will wriggle out of this

Well it would do in lots of (decently run) places!

However generally you cannot force an employer to take disciplinary action. Even if they do take action it is very largely up to them how seriously they treat it.

Obviously is a serious enough situation and providing they have adequate evidence the H&S executive may prosecute the individual or the employer (or both) but that of course needs the criminal standard of proof (beyond a reasonable doubt).

Had you been injured (happily you weren't) then a civil claim for damages would only need to be proved "on the balance of probabilities" i.e 51%.

Either of those could have lead to adverse publicity which may have shamed the employer into taking disciplinary action.

I have a video which I haven’t submitted.
it shows me under with no one at the controls, I looking at the vehicle manager says something I can’t really make out over the sound of the engine the ramp starts moving I say I’m underneath while I’m getting out manager says I told you to get out.

video doesn’t show the ramp moving but it shows manager at controls with hand on lever and finger on button.

its hard for me to see though the eyes of an outsider so to me the vid shows I have enough evidence.

red_eye

Update

i received my outcome and because the manager said he was lowering the ramp he was following procedure. As it was heard on my video that he had shouted twice and it looks like I went back under the ramp.
my video shows me under a running engine there is a muffled voice 3-4 seconds before the ramp was lowered.

The want to appeal this but due to corona virus, schools closed and my wife taking extra shifts to take advantage of me being furloughed which would leave me looking after my baby aswel I missed the deadline it didt help much that I received the letter a few days after the date on the letter, my union office was closed due the virus and my union official on holiday. Is there a way to around this? Extenuating circumstances etc or a new grievance on the grounds the first one was not fair?
The investigating manager is going to have a word with me later and I would like to give them a change to sort things out before I make a complaint to h&se.

thank you   

Comms69

red_eye said:

Update

i received my outcome and because the manager said he was lowering the ramp he was following procedure. As it was heard on my video that he had shouted twice and it looks like I went back under the ramp.
my video shows me under a running engine there is a muffled voice 3-4 seconds before the ramp was lowered.

The want to appeal this but due to corona virus, schools closed and my wife taking extra shifts to take advantage of me being furloughed which would leave me looking after my baby aswel I missed the deadline it didt help much that I received the letter a few days after the date on the letter, my union office was closed due the virus and my union official on holiday. Is there a way to around this? Extenuating circumstances etc or a new grievance on the grounds the first one was not fair?
The investigating manager is going to have a word with me later and I would like to give them a change to sort things out before I make a complaint to h&se.

thank you   

What do you want to achieve?

There's no injury, so no compo due.
This sounds like a one way ticket to being unemployed frankly. Just look for new works if you arent happy.

red_eye

Comms69 said:

red_eye said:

Update

i received my outcome and because the manager said he was lowering the ramp he was following procedure. As it was heard on my video that he had shouted twice and it looks like I went back under the ramp.
my video shows me under a running engine there is a muffled voice 3-4 seconds before the ramp was lowered.

The want to appeal this but due to corona virus, schools closed and my wife taking extra shifts to take advantage of me being furloughed which would leave me looking after my baby aswel I missed the deadline it didt help much that I received the letter a few days after the date on the letter, my union office was closed due the virus and my union official on holiday. Is there a way to around this? Extenuating circumstances etc or a new grievance on the grounds the first one was not fair?
The investigating manager is going to have a word with me later and I would like to give them a change to sort things out before I make a complaint to h&se.

thank you   

What do you want to achieve?

There's no injury, so no compo due.
This sounds like a one way ticket to being unemployed frankly. Just look for new works if you arent happy.

I want my grievance to be taken seriously.
who knows maybe it will make the difference between someone’s dad making it home rather than hospital with a serious injury. I will be looking for a new job but I have made friends here also it because of covid and that i need to be working while looking for a new job I too would like to go home to my kids after work.