tolley1466 Posted October 31, 2009 Share Posted October 31, 2009 Do employees have the right to refuse to climb? Link to comment Share on other sites More sharing options...
paulears Posted October 31, 2009 Share Posted October 31, 2009 Of course they do. You have the right to not do any process if you consider it unsafe. If, however, you were employed as a rigger, and then for whatever reason didn't wish to climb - then I guess it would be supporting evidence for dismissal. what I mean is that if you took the job as a rigger, and then discovered you had a fear of heights, then as that's a critical element of the job, out you'd go - in the same way as a driver is no use if they lose their license. If you have decided the job cannot be carried out safely, then it comes down to who is correct. If the boss says get up there, it's safe - and you know it isn't, then although quite likely you would be fired (especially if somebody else does it, and it was in fact fine), you'd have a pretty decent tribunal case (but of course, still be fired). I think we need a bit more background to give proper opinions. Link to comment Share on other sites More sharing options...
DrummerJonny Posted October 31, 2009 Share Posted October 31, 2009 the way I see it, is I am employed to work at height as part of my job, therefore I am expected to climb ladders. however, if I feel that a ladder is unsafe, I can (and have) refuse to climb it, and let my employer know my reasons for doing so. they cannot fire me for refusing to use unsafe equipment, as their role as employer is to provide safe access equipment. Link to comment Share on other sites More sharing options...
pritch Posted October 31, 2009 Share Posted October 31, 2009 My day job is in a completely different industry, but we have riggers working for us who can, and do, refuse to climb on a regular basis, usually to do with weather conditions, high winds, light conditions, etc. When this happens, even if it causes a major impact for us as a company in terms of lost revenue, management at all levels will still defer to the individual's right to decide whether or not they deem the climb to be safe or not. As Paul said earlier though, if someone walked through the door on their first day, and refused to go any higher than the second rung of a stepladder, they'd be back on the streets fairly quickly. Link to comment Share on other sites More sharing options...
scjb Posted October 31, 2009 Share Posted October 31, 2009 OP. Are you talking about ladders or trusses? Link to comment Share on other sites More sharing options...
Jivemaster Posted October 31, 2009 Share Posted October 31, 2009 You have the right and responsibility NOT to do anything if it constitutes a hazard under the HSWA, it's a feature and a requirement of the Act. If you refuse without good reason then you could be discussing it with the tribunal after dismissal. Link to comment Share on other sites More sharing options...
tolley1466 Posted November 1, 2009 Author Share Posted November 1, 2009 OP. Are you talking about ladders or trusses? I was asking about both really but by the looks of things, the answers I'm getting are for either :** laughs out loud **: Thanks for the replies too :) Link to comment Share on other sites More sharing options...
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