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Fall at work, nothing done to reduce risk

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  • 07-11-2015 4:56pm
    #1
    Registered Users Posts: 10


    I had a fall at work due to an outdoor floor covering that becomes slippery when wet. I am not the first staff member or client that this has happened to and nothing has been done to reduce the risk. Is there anything I can do if management are not willing to address it?


Comments

  • Closed Accounts Posts: 3,066 ✭✭✭Firewalkwithme


    Better call Saul.


  • Registered Users Posts: 5,743 ✭✭✭kleefarr


    No 'Caution - Slippery when wet' sign?


  • Registered Users Posts: 10 Wherel


    kleefarr wrote: »
    No 'Caution - Slippery when wet' sign?

    No, no sign


  • Registered Users Posts: 5,743 ✭✭✭kleefarr


    Seek legal advice then.


  • Registered Users Posts: 10 Wherel


    I was wondering if they still haven't taken measures to prevent this happening again is there anyone I can get involved that will make it happen? Do I have the right not to return until it's fixed?


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  • Closed Accounts Posts: 3,066 ✭✭✭Firewalkwithme


    Wherel wrote: »
    I was wondering if they still haven't taken measures to prevent this happening again is there anyone I can get involved that will make it happen? Do I have the right not to return until it's fixed?

    This might be covered by the Health and Safety Authority. Maybe try giving them a call. If they were to make an unannounced visit to your workplace on the basis of an anonymous tip off, something would have to be done and at least you would be safe from being seen as being a troublemaker.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Wherel wrote: »
    I was wondering if they still haven't taken measures to prevent this happening again is there anyone I can get involved that will make it happen? Do I have the right not to return until it's fixed?

    NO you don't have the right to stay away until it's fixed.

    Contact the HSA as per the post above.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Wet areas outdoors aren't treated the same as wet floors indoors. Someone can have a reasonable expectation that a floor indoors will not be wet. But outdoors if it's been raining or otherwise damp, there comes with it a certain amount of personal responsibility to expect a surface to be slippery. That said, it depends on whether the surface is exceptionally slippery, beyond what could be considered normal.

    The advice above is spot on. Go to work, take more care when that area is wet, and contact the HSA for advice.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Wherel wrote: »
    So just to clarify there is no law to protect a worker if they refuse to work in an area they feel is dangerous?

    There are health and safety rules which companies have to follow, but you refusing to work in an outdoor area which is slippery due to the rain affecting the ground surface is not grounds for you to decide not to work.


  • Registered Users Posts: 850 ✭✭✭lougal88


    Stheno wrote: »
    There are health and safety rules which companies have to follow, but you refusing to work in an outdoor area which is slippery due to the rain affecting the ground surface is not grounds for you to decide not to work.

    So in a more extreme case of danger, surely there is protection for employees to refuse to work?

    Does anyone have any experience as to how quickly the HSA will act if a complaint is lodged?


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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    lougal88 wrote: »
    So in a more extreme case of danger, surely there is protection for employees to refuse to work?

    Does anyone have any experience as to how quickly the HSA will act if a complaint is lodged?
    Extreme though is where the risk can't be reasonably mitigated by the employees themselves.
    The employees could refuse to engage in the specific kind of work where the danger exists but they can't really refuse to attend at all.

    The HSA will typically err on the side of caution. In this case I could see the HSA recommending that the employer change their dress code to require all employees to wear strong non-slip boots in the workplace. Probably at the employees' expense.


  • Registered Users Posts: 165 ✭✭FrPhelimYoung


    Can you give more background to your incident and the others that have occurred?

    Is it a factory, warehouse, office, construction site?

    What sort of surface are we talking about?

    Were the incidents reported to your employer, including your own?

    The HSA get numerous calls every day. I'm sure they will prioritise any requests appropriately. Don't hold yer breath unless there are a litany of hazards your employer isn't addressing.

    It's up to the employer to provide a "safe place of work". Taking account of these incidents I'm sure a number of control measures could be implemented by the employer possibly including appropriate footwear (at the employers cost, if necessary).

    Regarding refusal to work - you could justifiably refuse to use that work area or walk that surface when it's wet taking account of previous incidents showing its unsafe. I'd be careful how I would approach this not knowing the full facts of previous incidents or the culture within the company.

    What level of engagement has there been with the employer on the issue???


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