Truth or lies?

[Al9000]

I work for a large aircraft manufacturer as a maintenance electrician. For the last several years myself and my fellow leccys have had to partake in an interview every 5 years in order to attain what they call our "ECP1", Electrical Competent Person level 1, for which we receive a small laminated card with wording to that effect. We have been told that this is a "legal requirement".

It started off several years ago as quite an informal "interview", but seems to be evolving into something that feels like a statutory pass/ fail test in order to work as an electrician on site. No other trade on site has to take this competency test, and to be honest it feels like an insult when after 20 years experience, relevant qualifications, training and 17th edition certificate our competency is being questioned, and passed or failed on the strength of an interview with the site Electrical Engineer.

Has anyone any experience of this? Is it a legal or statutory requirement, or is it something the company have just invented? And if so, are we entitled to just refuse to take part?

Any advice would be gratefully received.

[CX6600]

You have my sympathy. I wouldn't like this regime either but in your industry where safety is paramount I can see why it is being done. Having said that, is this personnel check set as a condition of employment? If so, you are stuck with it or face disaplinary action/ lose your job as a refusal will be taken as a breach of your contract. If there is no sign of this requirement set out in your contract you can negociate a new one. Common law states that no contract can be accepted unless both parties agree to the terms. There is a catch however. When presented with a new contract or you do not state almost immediately that you do not agree with the terms or change to your terms and conditions (either written or verbal) you are deemed to have accepted the new terms by default. So you have to move quickly and lodge your complaint. I have been in the same situation and won the day but it was hard work requiring careful negociation not to ruffle anyones feathers. My MD didn't know this law existed. Typically his word was law, in his company, on his turf. You will no doubt get the same response. However the law of the land exists for all men not just for company executives. Presenting this law in black & white helped my case & I won a new contract for myself & my colleagues with co-operation and keeping a level head. We all won in the end. Good luck.

[Al9000]

Thanks CX

Yes from what you said it sounds as if we're stuck with it as we have been doing it for past several years we are probably deemed to have accepted it. The management have already got wind of our grumblings and are quoting the "legal requirement" angle and also that it is a health and safety issue.

My other question is this. If it is a health and safety issue that our competency is checked, how come only the maintenance electricians are interviewed? I must point out that I am a SITE (ie buildings and plant) maintenance electrician. The fitters and mechanics are not interviewed. We actually work directly for the company and interestingly NONE of the subcontract maintenance electricians who are permanently on site have to take this competency test. Even more interestingly, the AIRCRAFT ELECTRICIANS do not take this test!!!! We are talking about maybe 12 or 15 employees out of 6 or 7000 that are being singled out to have their competency assessed. It just smells wrong to me :(

[CX6600]

Yep you are stuck with it. In such a large company, there must be an official grievance policy. Could this be used to get your employer to state exactly to which Health & safety rule or legislation they are refering? From the angle of "we wish to understand your reasons and the need" not "we are going to use this as a stick to beat you with".

When I have worked on such sites as yours, the local electrician has the responsibility to check my work is complient with the relevent regulations. Making you the bottom of a chain of command right back to the chairman of the board who has ultimate resposibility for the safety of anyone & everything on that site. You then become the competent person in charge of that job. Further up the chain of command, they have a legal requirement to ensure that you are competent to take the responsibility for the safety of that job. Look up "Duty of care" on the net. If it all goes tits up your management will need to prove beond all reasonable doubt that they have taken all necessary steps to ensure you are competent. That way they might get off the hook as they have taken all reasonable steps and you get the sole blame in any court action. (At least that's what they think). Who ever is in charge of you will also be in court since he is more responsible than you & so on up the chain of command right to the top. Nobody ever gets off scott free.

The question remains regarding your fitters. They too have a duty of care to themselves and anyone else on that site affected by their actions or inaction where danger exists. Everyone is held to account for not stopping an unsafe act taking place regardless of "it's not my job, I'm not an electrician (etc)". That's the law. So if your company is prepared to go to the end degree to cover their backsides they really should include every other trade too.
You have a genuine grievance my friend.

[Al9000]

Ok thanks for all your advice. I will let you know how it all turns out :D