Work Safe Policy
(Refusal to Work)
1.0. PURPOSE
This Policy outlines employee’s right to refuse to work on the grounds of Health & Safety.
O’Mahony Contractors (OMC) recognise our prime responsibility under the “Health and Safety at Work Act 1974” (HASAWA) for the health, safety and welfare of our employees, contractors and third parties affected by our work. Our overall approach to the health, safety and welfare of OMC employees is outlined in our Health and Safety Policy Statement.
Safety is fundamental to all parties whose activities impact on the work site. Each person under the HASAWA is obliged to observe two fundamental rules:
1. “to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.” [HASAWA Part 1 Section 7(a)]
2. “as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with [HASAWA Part 1 Section 7(b)]
Section 7(b) of the act is discharged by every person working on LU Controlled Infrastructures observing any restrictions placed on them by Risk Assessments, Method Statements, LU Standards and QUENSH.
Section 7(a) ensures that the employee does not knowingly place themselves or anyone else at risk.
On any occasion that an employee is required to carry out tasks that he or she considers to be unsafe, the employee has, once all reasonable steps have been taken to resolve objections, the right not to perform the task. Once the employee has refused to carry out a task their objections must be taken to the appropriate authority for resolution.
2.0. SCOPE
The Policy applies to all activities.
3.0. RESPONSIBILITY
It is the responsibility of the Directors to ensure that this right is communicated.
4.0. PROCEDURE
Under the Management of Health & Safety at Work Act 1999 (Regulation 8), every employee has the right to refuse to carry out work which is unsafe. The following diagram indicates the minimum steps which should be taken to resolve objections. If the issues cannot be resolved, the employee can refuse to carry out the activity in question. The Director will then carry out an inquiry into the circumstances and reasonableness of the refusal to work. No disciplinary action will be taken against any individual who uses the Refusal to Work Procedure because they genuinely believe they are in danger.
It is paramount to safety performance that all cases of refusal to work on the grounds of health and safety are clearly notified to Management. This procedure will be briefed to staff within induction, as well as line managers that the staff report to. All staff and indeed line managers will be actively supported throughout this process, and discrimination will not be tolerated at any level.
In no circumstances shall an employee be penalized for refusing to work on the grounds of Health & Safety
All cases of refusal to work will be recorded. Any member of staff wishing to report any issues must initially contact their line manager, who will, if necessary, aid with the completion of the reporting form.
Further to the OMC processes for refusal to work on the grounds of health and safety, all staff engaged in the railway infrastructure have a facility for reporting any safety concerns into a central, confidential reporting system, CIRAS (Confidential Incident Reporting & Analysis System)
CIRAS is an alternative way for rail industry staff to report safety concerns that they feel unable to report through company safety channels. It is a completely independent and confidential way to report safety concerns without fear of recrimination.
Reports can be made by Freephone 0800 4101 101, by writing to Freepost CIRAS, or via the CIRAS Website at www.ciras.org.uk
Revision 0
28/02/2024
