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Construction - PPE; cut tendon

BobbyS 4 weeks ago   Reply

TLDR:

Snapped drill bit, finger hit surrounding area / drill bit as a result. 100% Tendon damage to flexor middle finger - right hand.
Gloves used were bought on company card by me - not issued by them.

Employer conducted welfare visit.

Employer visited again with their HSE Advisor.

HSE Advisor:
“You were wearing the wrong gloves CUT 1 Grade - We specify in our safety standards CUT 4 Grade should be used, however even if you had these on I don’ think it would have helped”**

**Safety standards are referenced however not readily accessible for engineers to read / request

Do I have a case? Surely its up to the employer to ensure check PPE is correct?

Tim D 4 weeks ago   Reply

Bobby

Sounds nasty! whilst not a specified RIDDOR 2013 injury presumably one over seven days.

Success or failure in legal cases can sometimes hinge on very little.

It seems that you have a story… the employer too… unfortunately you’ll not know which stands up unless you unpick the details of each.

Traditionally Solicitors provide the first 30 minutes free… as I understand some still do. There are other legal firms. Evidently the Employer has sown doubt in your mind and perhaps this is what needs to be explored with a legal specialist experienced in the type before fully committing all the time, emotion, general inconvenience and implications at work if returning.

Otherwise presumably you’ll be returning to work and if you enjoy that wish to have a continuing relationship with your Employer and their support.

I’m not sure what advice is possible as much may be coloured by the length of the healing process and long-term effect of the injury.. you'll need to decide what you feel is right for you in the round, back yourself if needed… or otherwise move on.

A speedy recovery.

mjmcq 3 weeks ago   Reply
Hi Bobby I would ask what was in the Risk assessment and did you read and sign up to it? If you did and knew the PPE requirement, then you are also responsible to ensure you are wearing the correct PPE. If you don't have the correct PPE you should request it before undertaking the task. In addition, did you inspect the equipment you were using to check it was in good working order? If you are trained and competent, you have a legal duty to ensure compliance and would have failed in your legal duties. If you weren't made aware of the policy, your company has a duty to convey the information to you. Therefore they would be accountable. Hope your hand is on the mend and that you can resolve the issue.
Tim D 3 weeks ago   Reply

Bobby

Some irony here.. as I’ve just deciphered the ‘Too long, didn’t read’ heading.

All h&s communications should be clear to those that need them and be effective at imparting knowledge and understanding.. pointless burying things in long-winded documents never to be found.

I’ve seen some examples of gobbledygook documentation decipherable only by University Professors and not suited to bottom rung employees.

Thanks

Allan 3 weeks ago   Reply

No glove on the market would stop a drill bit that has broken from cutting/

penetrating your hand unless the glove was made of steel !