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Issuing fines to an employee

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  • 20-02-2017 7:32pm
    #1
    Scudges Da
    Registered Users Posts: 76 ✭✭


    Evening all

    Can an employer issue a monetary fine for failure to wear personal protective equipment such as hard hats?

    I fairly sure this would be illegal under employment legislation but if anyone could point me in the direction of the relevant act it would be much appreciated.


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    #2
    duffman13
    Registered Users Posts: 8,952 ✭✭✭duffman13


    Scudges Da wrote: »
    Evening all

    Can an employer issue a monetary fine for failure to wear personal protective equipment such as hard hats?

    I fairly sure this would be illegal under employment legislation but if anyone could point me in the direction of the relevant act it would be much appreciated.

    I've never heard of it anyway, usually disciplinary procedures with potential dismissal if it's a serious and consistent breach of health and safety.


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    #3
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    Wow, never heard of this.

    Wonder is employee definitely direct employee or working as contractor??

    What does contract or discipline procedure say ??

    It's straying very far from the recommended fair procedure of warnings leading to termination.


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    #4
    Borzoi
    Registered Users Posts: 2,876 ✭✭✭Borzoi


    I suspect that this is related to the Red Card / Yellow Card system used by some main contractors on building site. Yellow cards attract a fine of €100-200, red cards typically around €500. the fines are imposed on the subcontractor for breaches of health and safety- in this case failure to wear PPE.
    I suspect that the employer can't pass the fine of to an employee but the employee is liable to other disciplinary procedures such as being sent home without pay, up to dismissal. it's also likely that subcontractors can be ruled out of getting further work based on the number of cards awarded to them so it has long term consequences for both employers and employees


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    #5
    lazybones32
    Closed Accounts Posts: 3,647 ✭✭✭lazybones32


    I've seen lads being sent off site and not allowed return because of repeated failure to wear hard hats.
    Failing to comply with H+S measures won't be looked on too kindly ans can warrant dismissal.


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    #6
    ted1
    Registered Users Posts: 23,536 ✭✭✭✭ted1


    Places I've worked would throw you off site and you Would be out if a job or down a few days wages


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    #7
    CIARAN_BOYLE
    Registered Users Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Scudges Da wrote: »
    Evening all

    Can an employer issue a monetary fine for failure to wear personal protective equipment such as hard hats?

    I fairly sure this would be illegal under employment legislation but if anyone could point me in the direction of the relevant act it would be much appreciated.
    A principle contractor can fine a subcontractor.
    I would consider that a failure to wear personal protective equipment as a cause for dismissal in an employer employee situation but the situations in which an employer can make a deduction from wages is set out in section 5 of the payment of wages act 1991.


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