Apologies if this seems like a rant.
On Friday 13th Dec I was delivering to Iceland in Leeds on behalf of DHL out of Warrington depot. The floor of the trailer was hanging inside so slippery that a pallet pushed me 12 foot down the trailer with me pushing against it im 17 stone by the way and i was just sliding I leveled the suspension of but slipped on the floor pulling another pallet. This was because of the dirt/ grease on the floor not ice and i was wearing safety boots etc. I finished the delivery and returned to the depot and reported the incident. I wasn’t hurt or intending to put this in the accident book, just letting them know the floor wanted cleaning that’s all. I was told to take the trailer that was less than two years old to the garage it would be checked by a robotic machine to check for wear on the checker plate surface as that would say how slippery it was. I pointed out it was a textured floor surface and just wanted cleaning but i was told just to take it to the garage then come back for a drug and alcohol test and take a statement. I asked why and was told it was company policy and I said was simply reporting a defect and doing my job under health and safety.
I was given the normal choose from 3 kits to do the D&A test choose one the alcohol tested negative the drugs tested positive and showed Id had taken opiates (heroin or methodine type drugs) I was astounded as i have never taken drugs of any description except on prescription from a doctor and wasn’t on medication of any type. The agency were informed i could no longer work for Iceland as i failed the drugs test. Messages were texted using the FLM personal phone not a company phone left right and center informing them of the outcome. A GP was called out to perform a second test the whole thing started at 2130 by the way at midnight the GP turned up. She asked for the Kit to test me was given one and said " this isn’t the kit we’ve been told to use" made a phone call to her bosses to check and confirmed the kit wasn’t the right one. I was retested and told i was clear of drugs. The FLM never apologized for the mistake that was it as far as they are concerned. I’m far from happy to say the least. Whats happened to common sense the FLM just needed to take a look in the back of the trailer and could have arranged to have it cleaned end of story. As it is I’m totally ■■■■■■ off I certainly dont feel like returning to the company id rather starve first the agency at first phoned me asking why i was hurt and reporting an injury then wanting to know why id failed the drugs test. Ive since spoken to them and they cant believe the way things have been handled they are trying to arrange for me to see the Transport Manager on Monday to sort things out i feel more like seeing a solicitor to be honest. What would you do
Bloody great knee jerk reaction from box tickers there, common sense? don’t make me spill me tea for Christs sake that went out the door years ago.
Get everything written down, so you have it fresh from your memory to refer to in the future.
Go and see the transport manager…paid time, its their balls up not yours, you need written retractions and your name to be squeaky clean, if not forthcoming escalate to the very top of the company…all in writing and email copies.
I would also be seeking some legal advice, who knows where and when this episode might rear its ugly head, this could have serious repercussions in the future, no smoke without fire and all that cobblers.
One might say it couldn’t happen, but we know different.
Well, first things first. You have muddied the water by posting this in a public forum, this will definitely alter your potential claim - if any exists.
I would have used a dictaphone to record all of the conversations - as soon as it was obvious the matter was going pear shaped.
I would also go and meet with the transport manager and I would hear what the TM has to say and await the conclusion before making my next move. You may want to consider having someone represent you, or secretly record the conversation. Don’t listen to anyone who tells you - you can’t do that. The law is simple and clear on this, recording of private conversations over the phone or in meetings requires that at least one person in that conversation knows the conversation is being recorded - that person can be you.
Basically, see it through and give them every chance to conclude the matter in a mutually agreeable and professional manner.
If you throw the teddy out-o-the-cot at this stage, I would wager you have no chance of winning any future potential or otherwise claim.
You can speak to an employment law expert (free of charge) at your local C.A.B. Make a donation!
Sounds to me like this FLM thought he can ■■■■ with you! I say make him dance! Complaint through the company procedure would be my first line of attack!
Awe sounds expensive! Robot arms to test trailer floors, drug kits, agency bod twiddling his thumbs till a doctor turns up, the the doctors fee. More bloody money than sense it all sounds.
There are 2 phrases that are widely used today by any jobsworth or general Knobhead in authority that enables them to justify and carry out any unreasonable, unfair, or bloody stupid action, and at the same time stifle any argument or disagreement that you may have, these being “Company Policy” and “Health and Safety”, they are like magic words to them allowing them to do to you what ever the hell they like .
You should get advice and sue the arse off them if at all possible to teach the ■■■■■■■■ a lesson.
i tell you what id do.....play on it.i assume the whole incident has been recorded,so id develop an injury,which didnt become obvious untill sometime after the accident,then id be round the quacks monday morning…shortly followed by a phone call to a no win no fee type claims lawyer.
given the incompetance these ■■■■■■ morons are well known for…why the ■■■■ would they seriously consider i would let any of them handle personal medical information.
i would`nt let them shove a thermometer up my dogs arse…never mind trusting them to carry out a medical procedure that could have serious ramifications for years to come.
commonrail:
statements…robotic machines…gp`s being called out
wtf planet are these [zb] morons living on
i tell you what id do.....play on it.i assume the whole incident has been recorded,so id develop an injury,which didnt become obvious untill sometime after the accident,then id be round the quacks monday morning…shortly followed by a phone call to a no win no fee type claims lawyer.
If the pallet was pushing you down the trailer why not lower it and take some stock off to reduce the weight to a point when it didn’t push you down the trailer?
Having slipped moving another pallet what measures did you take to minimise the risk to yourself while unloading the rest of the stock?
Did you photograph the trailer floor and heavy pallet (there is a maximum weight which may have been exceeded) or ask for assistance from the store staff? Whats that the store staff didn’t want to know?
You reported the problem on your return and, as a near miss incident, were tested for drug and alcohol by the on site by a line manager and I would bet at least 1 other person as the company witness. Were you offered the presence of your own witness? If so why didn’t you take it?
Did you check the use by dates on the testing kits and was the packaging intact?
If you choose to go and see the transport manager be ready to answer these and other questions because on your induction you will have signed to say that you will follow all company procedures and safe systems of work and THIS DOCUMENT WILL BE REFERED TO.
Accept that health and safety is, for most of these companies, a process and not a mindset and they will spend a lot of time and effort showing that the injured party was responsible in a large part for their own misfortune. Use it to your advantage rather than endure an unequal risk/benefit balance.
This probably sound harsh but having been through the “process” several times have learned that the FLMs get more kickings by missing KPI’s than hanging out drivers who don’t follow process.
commonrail:
given the incompetance these [zb] morons are well known for…why the [zb] would they seriously consider i would let any of them handle personal medical information.
i would`nt let them shove a thermometer up my dogs arse…never mind trusting them to carry out a medical procedure that could have serious ramifications for years to come.
The breath test uses a one time mouth piece and a calibrated machine the drug test is a urine sample and pre-treated indicated strip, with 6 indicators, which if not negative with trigger a second test by a medical practitioner or independent trained person who will take 2 samples from a second sample. The first is tested and if positive will be sent to a lab for a detailed report, the second will be sealed and kept so that the person whose sample it is can arrange their own test if required. It is only by a very long stretch of the imagination a medical procedure as there is the option to decline but this caries consequences including removal from site, banning, and if there is a suspicion of a danger to the person or the public calling the police.
Reports a defective floor in a trailer on return to depot? And gets a D&A test for his trouble! The only thing the OP did wrong was submit to the D&A test! Should have requested the Police to decide if he is guilty of any crime first!
i had the extreme misfortune to do agency work for tescos for a while to see if i could turn myself into a jobsworth(i failed miserably). the jobs a doddle,just so chronically boring. anyhooo,the done thing is if you work direct and have any reason to take a test,then down a cpl of codomol,or equivelant,it flags up as opiate based(heroin) and your suspended on full pay till the test results come back(2 weeks) then your cleared as its only asprin type stuff. happy holidays,unless your with the agency,then its just no pay till your cleared.but you still have to go through the breathelyser,urine test,and then another driving assesment ffs before they let you back in to work for them again.from what i was told,the doc costs them £350 a pop for the callout.any incident no matter how minimal means the full pudding treatment…lucky doctor,
dessy:
Reports a defective floor in a trailer on return to depot? And gets a D&A test for his trouble! The only thing the OP did wrong was submit to the D&A test! Should have requested the Police to decide if he is guilty of any crime first!
Then they wonder why nobody wants to work for them A mate of mine did a brief spell at Enfield; he said that one day they had run out of drug testing kits and had to send out for some more
The drug and alchohol testing wouldn’t bother me at all, They could do it before and after every shift as far as i’m concerned. As long as it’s done by a competent professional. I wouldn’t want some spotty office oik with an NVQ in docker picking carrying it out.
The only problem i can see is, Why wasn’t the floor of the trailer cleaned by the driver prior to loading? It’s the drivers responsibility. But it’s also a hygiene issue. I wouldn’t have mentioned anything about the floor being slippy because it would show them that i’m not competant and a risk to myself and others.
limeyphil:
The drug and alchohol testing wouldn’t bother me at all, They could do it before and after every shift as far as i’m concerned. As long as it’s done by a competent professional. I wouldn’t want some spotty office oik with an NVQ in docker picking carrying it out.
The only problem i can see is, Why wasn’t the floor of the trailer cleaned by the driver prior to loading? It’s the drivers responsibility. But it’s also a hygiene issue. I wouldn’t have mentioned anything about the floor being slippy because it would show them that i’m not competant and a risk to myself and others.
The driver will only pick up a sealed trailer, the chances of the driver assisting in loading any trailer at an RDC let alone loading his own trailer is virtually nil.
The good driver would report a dirty or slippery floor just as the driver would report anything, defect or safety issue…if you don’t report it and there is a problem the finger points straight at the last person to use it.
limeyphil:
The drug and alchohol testing wouldn’t bother me at all, They could do it before and after every shift as far as i’m concerned. As long as it’s done by a competent professional. I wouldn’t want some spotty office oik with an NVQ in docker picking carrying it out.
The only problem i can see is, Why wasn’t the floor of the trailer cleaned by the driver prior to loading? It’s the drivers responsibility. But it’s also a hygiene issue. I wouldn’t have mentioned anything about the floor being slippy because it would show them that i’m not competant and a risk to myself and others.
The driver will only pick up a sealed trailer, the chances of the driver assisting in loading any trailer at an RDC let alone loading his own trailer is virtually nil.
The good driver would report a dirty or slippery floor just as the driver would report anything, defect or safety issue…if you don’t report it and there is a problem the finger points straight at the last person to use it.
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