VTR1000.ORG

As it says, I,m hoping some one on the site might have something to do with a company HR department. ?

Also, is there any one that deals with H&S in there work place?

Well I can hope .

Cheers
Rick

I studied H&S quite recently for a Uni module. Whats the problem I may be able to help.

Hi Beamish.
I,ve worked for my employer for nearly 2 years and in that time I have had to refrain from working for nearly 6 momnths on and off with injurys.
I,ve been off sick now since noverber 24th 2008 due to my hip injury, I have spoken to them regarding the proble with the lifitng gear being near inadquate for the job, This results in having to lift heavy reels up to 21kgs in weight about eye hight and lower knee heightfor my entire shift. I ve asked to be moved to another machine. I,ve even spoke to them about moving the lift or modifying the work area. Both ideas I put forward have been knocked back. There fully aware of whats causing my problem but dont help me so I can only work for so long then have to go home on the sick.

All I have been told Is that "they Pay me to run the machine, If I can not run the machine then I surgest you go home on the sick " Thats what my manager told me. They have even gone so far now to give me a verbal warning for having so much time of work.
There trying to say that no one else has complained about this therefore they are not going to do any thing.
Other operators have spoken up about this lift with me to our assistant manager, there H&S manager knew about this mid last year and did nothing about it, My shift supervisor has been told about what,and why has been the problem. Still nothing is going to be done about it.
My employer won't allow any union in there premises either.
The CAB are totally usless in this area as well.
At the moment, I'm having physio at our local Hospital, the doctor is now getting me to see a specialsits as well.
I've refused our HR managers demand to see my medical records as I explained that my employer has done nothing to help me in any way.
Our local Goverment H&S officer is going to make a site visit on the grounds of what I have explained to her.

It's seems that I'm suffering Lower Limb Dissorder ( LLB) and is hard to diagnose as it shows no signs of injury as it's all internal pain (diffused Pain.) It's usually diagnosed as RSi Type1 or RSi Type2 .Type 1 being what people using computers get and they have visual signs of an injury.
Hope this makes sense mate. Not been able to ride bike since last year now.
.

Hi Pariah

Here's the deal. Under the disabaility at work act, where you have been newly diagnosed with a disorder that prevents you from undertaking your normal duties, this can be both mental or physical, your employer must do everything in their power to give you alternative duties or move you to a job that is suitable for your condition. Unfortunately they are within their rights to offer you less pay if the alternative job merits less pay.

Also if they do not provide an assessment of your needs based on the condition they are breaking the law. First thing I would suggest is going to DWP website and reading up on the Disability at Work act (DWA), then taking a copy with you and a representative of the union to discuss this with your HR department.

Its obvious your manager hasn't got a clue, so you'll need to side step him.

know your rights, and then make an appointment with your HR rep, making sure you tell them you will be brining along a member of your union, or even better a solicitor that deals with DWA. Some solicitors will give you an initial consultation for free, but may charge after this.

Failing that, if you can collate evidence about how you have been treated by your employer, then hand in your notice and take them for constructive dismissal. This means because you have been failed by your employer your only option was to quit. Any no win no fee solicitor will take the case.

Good luck and keep us posted.
Nx
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Flying Pig's advice looks solid. This is what I would do.
1. Check the task you are doing has a valid risk assessment survey (especially after you have complained.)
2. Do the heavy reels have a weight indicator on them? Something like 24KGs or two man lift sticker?
3. Gather as much tangible evidence as possible that points to the job causing the injury/condition.
4. Get some expert legal advice and take the evidence with you.

Good luck mate and watch your back (no pun) some people make it their business to try and prove you are trying it on.

Thanks for the advise chaps.

The H&S Manager who knew about the lift asked for a demo in the prescence of the company physio who was having a site tour ( middle of last year ) at the time. She took notes and asked who else knew about this in front of another operator. She faild to get back to me but admitted in a meeting last month that she did remember this and had spoke to management about it but failed to come back to me. My manager denied any knowledge of problems with the lift during a meeting with them in Jan of this year.
She is now saying that she has taken a videod the lift in opperation ( this month ) and the operator has stated that there is nothing wrong with it. Yeah right.
I think there trying to cover there backs, every one is saying some thing diferent to every one else.
Since my injury started towards the end of 2008 ,I have asked for the lift to be moved and positioned correctly for my machine, to be moved to another machine, and even asked for the work area to be altered to accomodate where the lift is positioned so it works correctly. they have reffused every thing I have asked.
The reels are rolls of plastic that can range from 5kg up to and over 21 kgs. However, the machine has 2 rewind bars , so this would equate to lifting from eye line hight and below knee hight, 2 reels totaling 42 kgs every 15-20 mins. Who in the opinion of the H&S manager dont seem excessive. ?
Will keep you informed as I go along.
I'm considering taking legal advise on this now.

Just remember that HR's role is to support management, not the staff; the best you can hope for is that the management's actions contravene some legislation and HR may point out the implications to management to save them grief if you sued.

You need a free half hour session with an employment laywer IMHO

I would also reiterate all that has been said above. Get a good solicitor (you may qualify for legal aid to fight your case) or even better get your union involved. Don't attend any meetings without proper representation and keep a chronological log of everything that has happened so far. Wish you well and hope things improve healthwise.

ChrisC

If you do decide to leave, don't forget to recommend a mate for your job and claim the £25 or whatever on the recommend-a-friend scheme.

It's not the money, it's the principle!

Health & Safety Executive help line No 08453450055 completely confidential.

I don't want you to name your employer, but if your up for it, let me know in a PM, because if it's the same as mine, I can help you in so many ways.

HR are there for the management, but they are also there to ensure legislation is followed, and if you can prove this isn't the case, then leaving and taking them for constructive dismissal will help your case.

I don't want you to give up your job, I know it's not easy in todays climate to get another one. But it may be an option a solicitor will discuss with you.

As said, keep a note of everything. If you are asked to do something different, ask your manager to inform you in writing, with a copy going to the HR department and to your H&S department, any meetings arranged you MUST take representation with you, whether this is the union or a director of your company. You are totally within your rights to ask for this, no demand this.

Good luck.

Nx
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