Getting fired for not wearing safety gear

You know I have never fired anyone for not having on ppe, and if I did there would have to be a lot of other factors involved. Like they were just lazy and good for nothing to begin with and the ppe was just a good reason. But I have a rule that even stands for me and that is if someone calls you out for not having on proper ppe than you have to put on a pink hardhat for the rest of that particular job. Pretty funny. Hell even I have had to do it a few times just for forgetting.

But I have never heard of a firing. I take back what I said in my first statement. If someone refused to wear ppe I would fir them on the spot. But forgetting, thats a little different.

D.W.H
beer.gif
 
I guess "forgetting" is a poor choice of words.

We're not talking the momentary lapse of reason. It is the habitual not wearing, the daily multiple reminders, and the handing them the ppe only to take it off a short time later.

Although the words "I refuse" have not been used, the actions state that there is a refusal to wear.

Anyhow, the question remains. What would a dismissal letter for that look like....

ThanX!
 
Dear simpleton,

You are getting this 1 week lay off with no pay, for the simple fact you wont wear your ppe, even after daily reminders. Hopfully this will get your mind in the right track of thinking. This company is a PPE company and safty comes first. There will be no next reminder only pink slips.
 
yup alot of warnings already igree with holly,ppe says alot about ur company and thats what make us different and safer compared to the joe smos,and of coarse its osha law.....arbor vision in who i train with,scottyfl or owner gabe will warn you 1st then send u home if u dont comply....machoness and stupidity dont belong in the industry
 
Documentation and a series of steps is all fine and well, but what happens if the knucklehead falls prey to a struck by, while you're poking the situation with a stick? If OSHA sees him without ppe, you're the one paying the fine. If he's injured or killed, you'll have to deal with that as well. You might want to consider an immediate termination, for his safety, as well as that of everyone else on your worksite.

Once you have the darwin poster child off your site, then you can revisit ppe requirements with the rest of your team. Going forward, have your employees sign off on an agreement to uphold ANSI and OSHA ppe requirements on your jobsites.

Sending a problem child home for a week, is more likely to get you accused of harassment, or result in an unemployment comp claim, than to have any training effect on an obstinate knob.
 
[ QUOTE ]
A verbal warning, documented and signed, two written warnings and then adios.

[/ QUOTE ]

1. Verbal warning (a note is placed in employees file)
2. 2nd offense within 30 days, written warning signed and dated by offender
3. 3rd offense within 30 days, termination

Offenses after 30 days start over for the next 30 day period. Adjustments can always be made. You can tell if the person is forgetful or being an $ss. Repeat offenses after that, termination. Blatant disregard for safety.
 
Document it all!!!!!!!!!!!!!!!!

Have it signed by the employee and you.
Have a place for an employee requiring them to agree with you or state what they agree with you/ disagree with you about.

State that it has been a habitual problem with at least "x" verbal warning.

State that there will be "x" days of suspension without pay. (nothing seems to get through to people like a shot to the wallet.)

Specifically state the PPE policy.

State that this has been unacceptable behavior, why it is important (all the reasons, including that it causes unnecessary distraction to the crew leader/ owner reducing productivity and increasing stress, liability, potential for increased insurance premiums, general safety, etc).

State that the next time that they are not PPE-compliant, that they will be fired upon the spot. This will not only get him to do it or get him out of there (without being able to milk you for unemployment insurance), but it will sent the message to the rest of the crew that you are serious.

When they are fired, do the same but have it as a signed "Termination Notice", with room for rebuttal by employee. If they refuse to sign it, have two witnesses to the refusal sign a statement.
--------------------------------------------------------

South Sound Tree and Landscape

Sept. 27th, 2009
Incident report

Employee involved: "E"

Employee "E" has been in violation of the PPE policy which has been documented in writing with "E's" signature during our safety meetings. The policy is as follows:xxxxxxxxxxx.

"E" has had at least "x" verbal warning for not wearing appropriate PPE for the designated task. This has been a habitual problem.

"E" will be suspended without pay for "x" days.

When "E" returns to work, "E" will be compliant with the written PPE policy. If another incident of non-compliance occurs, "E" will be terminated immediately. "E" will return all company property on-site at the time.

"E" will receive a final paycheck on the regularly scheduled pay day after returning all company property is returned, and a signed Termination Notice is completed by "Y" and the owner, "O".

"Owner's/ Supervisor's Printed Name:
"Owner's/ Supervisor's Signature and date:


Employee's printed name:
Employee's response:





I, "E", have read an understand the above information.

Employee's Signature and date:

--------------------------------------------------------

This is not written or checked by a lawyer, but short of that, it should be pretty good (IMO) evidence that you gave notice of non-compliance, stated what will happen in the future (desired behavior), protect from an Unemployment claim, some protection in a "wrongful termination" suit, etc.

While it may not stand up in court, it seems at least the best homemade one that I can come up with (based on previous big business employers' procedures. This would probably be enough to dissuade someone from trying to sue you.

If you fire them,
Remember to change the locks if there are any keys out that they might be able to access, and mention the new security cameras that you are shopping around for to protect you shop. (A free bluff, but how are they going to know.)
 
Absolutely concur with DOCUMENT everything.

If you sufficiently warn them when hired, "Hey, no BS, if you don't wear your PPE then you're going home" they'll have nothing to say when to tell them to put their gear in your truck.

Often my first and only verbal will be, "You've been told. This is your only freebe." I then write up that it happened and talk to him with one other person there, usually his supervisor (who knows he's about to be written up cause he let it happen, if that's the case). Other than that, their suspention starts immediately.

I told a guy to get out of the 35' palm he was in and took him back to the office to go home. Long time before another hard hat issue came up.

Some things don't get a warning, written or otherwise. We can do this because of our new hire orientation and training. Such as, kicking in brush with their feet. Automatic cannery. No ride home.

New hire orientation, document, job specific training, document, evaluation, document, write it down, document, and don't forget to document it.
 
ThanX for all the input folks!

Looks like the answer may have turned out to be pretty simple after all

Employees failing to comply with OSHA requirements, who when given a direct order to put on required PPE and then fail to do so, are apparently not entitled to the typical warn, warn, warn, threaten, warn, dismiss process.

This seems to be because by being insubordinate and failing to comply with a legally required action they are causing the company to be in violation of the law. That makes their dismissal almost requisite.

Anyhoo, we have pics of the most recent and egregious offenses and witnesses to the multiple warnings and reminders, so I think we've got this particular situation handled.

All that is left is to present the papers on their next shift.

ThanX again for all your thots!
 
Well,

The letter was written, the notice given and (it seemed) the employee breathed a huge sigh of relief.

Everything went very smooth, no argument and the employee graciously accepted saying, "I have to take responsibility for my actions."

He returned all issued gear, without argument or hassle, even made an appointment to return the last of his issued gear that afternoon (the stuff in his locker at home) and actually followed through.

In some respects it went so smooth I was a bit nervous, I didn't want him going "postal!"
shocked.gif


But all things considered if it had to be done, I couldn't have asked for a smoother process.

Still, this is not something I ever want to do again, but have learned volumes on how to deal with it long before it comes to this point again.

More importantly, I have learned that I cannot let it get to this point again. Early intervention and action need to be the key.

ThanX everyone for your input!
 
I work for a large, corporate company with locations in many states. I have the authority and the notion to immediately terminate anyone who violates ANSI z.133 Safety Standards. This includes PPE like eye and ear protection. I have permission (and an expectation)from Corporate to do this. An example: I had a bucket truck operator with a utility background who got busted by OSHA for flying the bucket without fall protection. The company was slapped with a $1200.00 fine. I am sure I don't need to mention the danger of being ejected from the bucket. He was terminated for this safety violation after we received the "bill" from OSHA. Now granted, this is a serious violation with a really bad worse case scenario, but you get the idea. The kicker for me is that he had a five point harness and lanyard in the truck and just chose not to wear it. One would think that after working for a huge line clearance company for nine years, this employee would NEVER fly the bucket unsecured. I know they train the heck out of their men. In other words, he knew better.
 
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