Climbers disciplined for refusing tree

[sawmonkey220]

Hi folks. I have a query regarding disciplinary action being taken against some of my colleagues for refusing to climb what they deemed to be dangerous trees. The incident occurred last week the day after the big storm in which a man was killed on the roads by a tree being uprooted. Temperatures were just above freezing, with ice and snow on ground and at height but weather was clear and wind light. Trees which were to be climbed were leaning heavily. Employees present were all climbers, ranging in experience from only a few months to perhaps six years. The men genuinely believed the trees were hazardous to climb on the day and requested use of alternative access method- MEWP or crane, both of which are owned by the company though i am unsure wether there was access. Management refused to consider alternative and the attempt to resolve matter degenerated into a screaming match. One point to note is that the manager involved does hold tree survey course. Another noteworthy aspect of the situation is that the wage of the employees ranged from £6.50 to £8.50 per hour, fairly low for the industry I believe. It is company policy not to pay any sick pay if an employee is injured in the course of their work.The employees are now facing disciplinary hearing for refusing a reasonable request.

My question is how the employees right to refuse dangerous work tasks , under the Health and safety Act applies in the tree industry?

[Mountain man]

All I can say is I'm confident there's more to this story than what's written above.

 

Ps the money they were on is irrelevant.

[easy-lift guy]

Hi folks. I have a query regarding disciplinary action being taken against some of my colleagues for refusing to climb what they deemed to be dangerous trees. The incident occurred last week the day after the big storm in which a man was killed on the roads by a tree being uprooted. Temperatures were just above freezing, with ice and snow on ground and at height but weather was clear and wind light. Trees which were to be climbed were leaning heavily. Employees present were all climbers, ranging in experience from only a few months to perhaps six years. The men genuinely believed the trees were hazardous to climb on the day and requested use of alternative access method- MEWP or crane, both of which are owned by the company though i am unsure wether there was access. Management refused to consider alternative and the attempt to resolve matter degenerated into a screaming match. One point to note is that the manager involved does hold tree survey course. Another noteworthy aspect of the situation is that the wage of the employees ranged from £6.50 to £8.50 per hour, fairly low for the industry I believe. It is company policy not to pay any sick pay if an employee is injured in the course of their work.The employees are now facing disciplinary hearing for refusing a reasonable request.

My question is how the employees right to refuse dangerous work tasks , under the Health and safety Act applies in the tree industry?

 

Would depend on company policy and or an employee handbook explaining what is expected of said employees. I would be curious if company policy or a employee hand book exist?

easy-lift guy

[MATTMOSS]

I think it's common sense and the right of any worker to refuse to do something that they feel is unsafe or beyond their capabilities.

[sloth]

I think it's common sense and the right of any worker to refuse to do something that they feel is unsafe or beyond their capabilities.

 

Too right. And as also said, there will be more to this than written here. We don't know what role you played, if any, in this situation. If I'd been in such a situation while employed I would have refuse any 'warnings' issued against me, in writing if necessary.

[Cheesy pete]

I think it's common sense and the right of any worker to refuse to do something that they feel is unsafe or beyond their capabilities.

 

yeap i believe this is the case...... so therefore it is not a reasonable request

 

 

on a side note sounds like a crap company who try's not to pay sick pay based on there negligence.

[harvey b davison]

I have refused a few times to work on roofs that i deemed to dangerous, even tho on one job there were a few polish workers working on it. I took one look and said not a chance. No safety netting or anything. I got finished at the end of the week. Didnt worry me because at the end of the day its my health not theirs, and i would do it again.

[Bren.]

All I can say is I'm confident there's more to this story than what's written above.

 

Ps the money they were on is irrelevant.

 

 

I think it's common sense and the right of any worker to refuse to do something that they feel is unsafe or beyond their capabilities.

Both of these statements are true, however, no employer has the right to ask an employee to carry out activities that the employee has deemed dangerous without first conducting a further risk assessment, with all parties being present and having an input. It seems to me that after what has occurred, if there were an accident, the company wouldn't have a leg to stand on.

As for the qualified surveyor. Did he climb the tree to do the survey, how experienced is he/she, has he/she shown a disregard for employee safety in the past?

[Kveldssanger]

Isn't a worker allowed to refuse to climb a tree if they consider it hazardous, under the Healthy and Safety at Work Act? The Act covers both employer and employee responsibility, and the employee has the right to refuse a task under grounds of health and safety concerns.

 

A hierarchy is applied with regards to tree works - this is outlined by the Working at Height Regulations 2005. If working at height can be avoided, it should be. In this case, it could and should have been avoided it seems. Therefore, a MEWP should have been used.

Edited January 21, 2015 by Kveldssanger

[Two Acres]

Hi folks. I have a query regarding disciplinary action being taken against some of my colleagues for refusing to climb what they deemed to be dangerous trees. The incident occurred last week the day after the big storm in which a man was killed on the roads by a tree being uprooted. Temperatures were just above freezing, with ice and snow on ground and at height but weather was clear and wind light. Trees which were to be climbed were leaning heavily. Employees present were all climbers, ranging in experience from only a few months to perhaps six years. The men genuinely believed the trees were hazardous to climb on the day and requested use of alternative access method- MEWP or crane, both of which are owned by the company though i am unsure wether there was access. Management refused to consider alternative and the attempt to resolve matter degenerated into a screaming match. One point to note is that the manager involved does hold tree survey course. Another noteworthy aspect of the situation is that the wage of the employees ranged from £6.50 to £8.50 per hour, fairly low for the industry I believe. It is company policy not to pay any sick pay if an employee is injured in the course of their work.The employees are now facing disciplinary hearing for refusing a reasonable request.

My question is how the employees right to refuse dangerous work tasks , under the Health and safety Act applies in the tree industry?

 

I'm not sure if a union exists that supports arborists, but thats hat you need