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stickywicket

i have been suspended from work regarding my PAT test machine been out of calibration,i work full time as a PAT Tester.
There is no re-call proceedure set up, i carry a spare meter so sent this to head office to be repaired to cover me when mine went in,this spare machine went missing from head office i told my line manager my machine was now out of calibration he said he would chase spare this went on for months i have e mails etc proving this, my machine had previously been calibrated by a firm who where not seaward approved and couldnt remove service message so didnt have a prompt when calibration was due as it had been on the whole time, work are now pushing gross misconduct and dictating regulations such as EAWR im massively concerned as had told both my managers have e mails asking for my spare meter back and mine was out of calibration! got asked on site to show my calibration certificate couldnt produce one due to been out of date! guy sent e mail to the head boss, now im going to take the fall
my question is should there be something in place to ensure the machines calibration is monitored
im not self employed is it my responsibility only to ensure machine is calibrated
i realise i have a responsibility as an opretive but have not kept the fact it was out of calibration to myself
really confused as feel i shouldnt be getting fired! i never changed the way i tested always inspected etc as
on salary there was no reason to cut corners!
i know i have a resonsibility but is it totally my fault?
any one with a little more insight to the regs etc EAWR im worried i could get in trouble with one of the professional bodies really stressing im sure i will get slated for not been responsible but i was told to carry on as under pressure to complete programe
 
I'd have thought that as long as you have copies of your e-mails requesting spare tester returned AND copies of e-mails sent about PAT tester needing to be re-calibrated to line leader then your a$$ should be covered.

Add to that copies of e-mails etc of the line leader telling you to carry on testing with a tester that needs recalibrateing and you have a good case for 'only following orders' so your not to blame.

That said, i'm no legal expert so could be massively wrong, i'm only going by the fact that these days it seem's to be all about covering your a$$ with paperwork so the book can be passed on to someone else to get the blame.

I'll also add i know nothing about EAWR rules.
 
well i can smell summat here......if you work for a company with its own test instruments then surely:
a) they would have checkboxes and keep records of individual instruments, when they were last sent to the callibration house and when due...and of course any anomalys that may show up when but on the checkbox....this would of course ensure that any issues are caught early as an instrument is only as good as the day it leaves the callibration house and
b)it may be your responsibility to bring the instrument into the works to be put on the checkbox/rig...but the company also should have a clue of the instruments out in the field.....
 
look, start getting into fixed wiring install will you for christs sake....this patting lark... well just when you think it couldn`t stoop any lower.....
 
was the spare meter yours or the companies? its up to your line manager to keep plant upto date,when was your last audit.you need advice from a union or cab,you would have a case for unfair dismissal if what you say is right
 
well i can smell summat here......if you work for a company with its own test instruments then surely:
a) they would have checkboxes and keep records of individual instruments, when they were last sent to the callibration house and when due...and of course any anomalys that may show up when but on the checkbox....this would of course ensure that any issues are caught early as an instrument is only as good as the day it leaves the callibration house and
b)it may be your responsibility to bring the instrument into the works to be put on the checkbox/rig...but the company also should have a clue of the instruments out in the field.....

doesnt always happen tho,and when they **** hits the fan its the lads in the field who get blamed when its not there fault,i had something similar with a piece of plant equip not in date,as soon as the conversation mentioned it was up to me,it was a fyou from me and a union call,the manager got the blame as it was up to him to make sure all plant was checked not me..
 
the taking it into head office is only for them to send off they dont do the calibrating! the day after this happened all the Pat testers recieved an e mail instructing them to send any copies of calibration certificates in so they could be monitored, i printed this off aswell and took into investigation stating, shutting the gate after the horse has bolted springs to mind, this is a large firm there are failings in the management of this department my line manager has now also been suspended! but our boss is the one pushing all the regs etc! recking my head now been there 4 years and its never been a set procedure
 
the taking it into head office is only for them to send off they dont do the calibrating! the day after this happened all the Pat testers recieved an e mail instructing them to send any copies of calibration certificates in so they could be monitored, i printed this off aswell and took into investigation stating, shutting the gate after the horse has bolted springs to mind, this is a large firm there are failings in the management of this department my line manager has now also been suspended! but our boss is the one pushing all the regs etc! recking my head now been there 4 years and its never been a set procedure

i wouldnt worry,its not up to you to keep paperwork right,thats the gaffers job..you could seek advice from the cab,but personally id join a union,more so if your working for people who will let you take the flack for a managers failing...
 
was the spare meter yours or the companies? its up to your line manager to keep plant upto date,when was your last audit.you need advice from a union or cab,you would have a case for unfair dismissal if what you say is right
spare meter was theres! never had an audit, also they havent stated in my contract about calibration been up to me! what im saying is the actual chain of events
> alligations of a failure to ensure your pat tester is anually calibrated
> alligations of knowingly using an-uncalibrated tester which could result in a serious breach of our contract to customer
>allegations that your failure to adhere to the companys and staturory requirements have breached the implied term of mutual trust and confidence and fidelity of the relationship between you" my firm & our customer ????? Dont even really understand this final
 
If they are using the seaward software the calibration date will also flag up on their records as well as your machine unless I am very much mistaken ; in the words of the great Murray Walker lol.
 
Stickywicket, your situation sounds a little confusing. You appear to be employed, if so are the machines yours ( you need to supply your own kit) or are they supplied by the company. If you are employed you should have some terms and conditions or procedures which outline your responsibilities in terms of ensuring that the machines are calibrated. You need to check those to understand what your position is. There is of course a responsibility to ensure that you comply with the Electricity at Work regs, but you appear to have written evidence of advising your line manager that the machine needed calibration. What exactly was the response? Your Employer also has a responsibility to ensure that the equipment you are using is calibrated and yes indeed there should be a company system to track this, particularly if the equipment belongs to the company. It is somewhat worrying that your spare machine went missing. You need to collect the paperwork and prepare to explain the situation. I assume you will be called to an interview at which you should be given a chance to explain. I hope this gets sorted out for you.
 
spare meter was theres! never had an audit, also they havent stated in my contract about calibration been up to me! what im saying is the actual chain of events
> alligations of a failure to ensure your pat tester is anually calibrated
> alligations of knowingly using an-uncalibrated tester which could result in a serious breach of our contract to customer
>allegations that your failure to adhere to the companys and staturory requirements have breached the implied term of mutual trust and confidence and fidelity of the relationship between you" my firm & our customer ????? Dont even really understand this final

basically your taking the flack for someone else's mistakes(your gaffer) the fact he's been suspended is all you need to know,
 
Stickywicket, your situation sounds a little confusing. You appear to be employed, if so are the machines yours ( you need to supply your own kit) or are they supplied by the company. If you are employed you should have some terms and conditions or procedures which outline your responsibilities in terms of ensuring that the machines are calibrated. You need to check those to understand what your position is. There is of course a responsibility to ensure that you comply with the Electricity at Work regs, but you appear to have written evidence of advising your line manager that the machine needed calibration. What exactly was the response? Your Employer also has a responsibility to ensure that the equipment you are using is calibrated and yes indeed there should be a company system to track this, particularly if the equipment belongs to the company. It is somewhat worrying that your spare machine went missing. You need to collect the paperwork and prepare to explain the situation. I assume you will be called to an interview at which you should be given a chance to explain. I hope this gets sorted out for you.

im employed and the equipment belongs to them! they have produced a document which outlines my responsibilities and says im responsible for testing this document required a signaiture from employee and manager i have never seen it before and didnt sighn such a document,that said im not acting dump pretending i dont have a clue as this isnt the case i know what my responsilities are but this is them pushing a point and blaming me, only grey area is the regs apart from the pat testing part!
i have allready had my investigation and fought as much as i could had e mails etc but most where about chasing my spare meter, my line manager has admitted i told him about calibration being out on my meter, i have a dissiplinary on thursday! not in a union just going to have to keep fighting
 
As alarm man has advised...speak to cab, union, a specialist in these events.

The fact your line leader/manager has been suspended should work in your favour. Also check all work contracts and paperwork involved to make your case as strong as possible.

Definitely,definitely seek advice on this from people qaulified in such cases.
 
cheers all, i spoke to acas today who advised that i can go for unfair dismissall etc..
but got a feeling they are going to dismiss me on thursday,taken all my stuff out of company van in case,think both myself and my line manager will go, as our boss has covered his --- big time!
 
The others are correct, you need specialist Employment advice. Make sure you speak with someone before Thursday.
 
First thing tomorrow ask for a copy of paperwork stating why you have been suspended, second ask about trade union representation and which union/s they recognize (then phone them up and join).

Then ask your employer for a copy of the companies disciplinary procedures.

Finally again contact the union and explain the circumstance who will then take up your case on your behalf, don't worry about only just joining they should still represent you or find out if you have a shop steward at the company who will take up your case for you.
 

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