To have created a fuss at work?

[TenLittleSweetWrappers]

I’m qualified to do a role, but intentionally took on a lesser role as it was less responsibility.
However, I’ve been asked to do a role that needs my qualification - although I’m told I’m not responsible. The role involves safety and safeguarding.

I queried this with a senior manager and he spoke to me at a time when I was extremely stressed (I do feel the responsibility for safety even though I’m told I’m not responsible) and I think I probably came across as quite rude.
He said he was going to put some strategies in place to help at the most stressful times - but the job isn’t well paid and I could easily leave and do another minimum wage job.

I do like my job - most of the time - but if a serious incident occurred, I’m not sure where I stand regarding safety.
The colleagues I work with are aware of my concern, are not qualified and have the same contract as me. I think they are anxious on the days I work as they seem unclear about my role.
I have nothing in writing, just a verbal telling that ‘I’m not considered responsible’ by senior managers.

It’s very confusing! Not sure what to do??

Bear in mind that there has been a broken bone and a fracture since I started this role (one on a day that I wasn’t working).
Both incidents were considered unavoidable accidents.

What field are you in OP? Are you in a union? I would probably seek some advice if it were me, as this sounds sketchy.

Do you want to do this?

Is there a requirement for a responsible staff member to be on duty at all time? If so, is it the case? If ot is a requirement and they consider that you meet it, I would file a grievance.

In this sort of role I would certainly join a union, now, and then consult them. I wouldn’t be happy either in the situation you describe.

I am part of a union and have asked. The union response was to say ‘claims are usually made against the organisation’s insurance rather than an individual’.

But when I read serious incidents in other similar organisations, it’s the individuals directly involved who are brought to court (the less senior) and challenged/questioned about their actions.

And I think a key question would be “why did you agree to do this role when it wasn’t in your contract?” - and I think legally I would be seen as the responsible adult (despite what the organisation tell me).
Don’t want to be too outing!

It is a requirement that a person who holds a certain ratio is on duty. I have that ratio, but am not paid for that ratio - or contracted to use that ratio. Although it did help me to get the job.

I’m being told that my ratio is being used but I’m not responsible in the eyes of the organisation.

I wouldn't do it without a contract and paid for the role.

They do this with teachers the whole time. Teacher steps down to a TA role because they want less responsibility/fewer hours/less stress. Then is still treated like a teacher but not paid like one.

If they’re using you based on a qualification or experience, they should be paying you in line with that role.

Thing is I initially verbally ‘agreed’ to do
it. However, several weeks in - and two broken bones later, I’m no longer feeling comfortable.

@Bananaandmangosmoothie

Hmm, well they certainly don’t pay in line. And I’m not wanting extra money. I just want a role where I’m not stressing and where I support rather than feeling responsible!

I think I’ll ask today if I can reduce my hours to do only the days where I don’t feel responsible - there is another job I can do elsewhere to bump up my earnings.

I don't have any experience with this particular scenario but I think you have two options which hang off the question do you want to have the responsibility?

If yes, then you can go back to them and negotiate a change to your contract, with a salary increase for the increased responsibility. You can position this as having had a couple of weeks to think about it, and there having been some incidents, you feel that you want this new responsibility formalised and the extra risk properly remunerated.

If no, then look for another job asap. Sounds like you are potentially open to action if there is an incident and without any back up, contract, or extra money, it's just not worth it.

I think you need to decide if you want the money for the additional responsibility, or the lower paid job without the responsibility, and go at it from that angle.
If you don't want the responsibility, say what you said in your post at 06.55 to the manager. They cannot make you work beyond the scope of your role.

And I think a key question would be “why did you agree to do this role when it wasn’t in your contract?” - and I think legally I would be seen as the responsible adult (despite what the organisation tell me).

That would be my concern too.

When it comes to things at work and being asked to take on responsibilities that aren't mine, my question to myself is always, "If the worst happens, could I justify my involvement to the authorities/investigating body?" If the answer is no, I just say I won't do it without appropriate safeguards for all (including me) in place.

If I accepted a role knowing it compromises me or someone else, then I'd consider myself complicit in the failing.

I wouldn't accept a verbal assurance either.

In your case, you feel uncomfortable with it and now have a reason to be (the broken bones) so I'd ask for a meeting to clarify your responsibility around it because you feel it even if they are saying its not yours. Where is your protection?

If they insist, I'd ask for clarity in writing so that your role and level of responsibility for it is clear along with who does ultimately.have responsibility for it.

Hard to say without knowing the exact details but appreciate you won't want to put them here necessarily.

I have no idea what you’re talking about - what do you mean by ‘ratio’? What field is your work in? Is there such a thing as an ‘unavoidable accident’?

You need to be in or out.

Ie contract, pay and clear wriiten agreement you will have the resources and the remit to do the job correctly. you take full responsibilty and people are kept safe
OR
" my job is x. i took it (not y) due to several factors and personal reasons. I was caught off guard and felt pressured when this was initially raised but i must be clear. I do not want and was not hired to be responsible for Y. You need to hire someone or find an alternate solution."

I think you need to be very clear, and in writing. Otherwise they exploit you and you are potentially on the hook when there’s an injury.

Of course there is such a thing as an unavoidable accident. If the appropriate measures haven't been put in place to actively ensure an accident doesn't happen or minimises the risk and one happens, it would still be an accident. But might have been avoided if the appropriate measures had been taken.

Some professions have ratios of staff and often a business will consider that, if the ratios of staff are in place, they have met their responsibility without considering the accountability of those included. That leaves a grey area when it comes to who is responsible if something goes wrong.

can you not send an email to your line manager along the lines of ‘Further to our discussion today, I wish to clarify that you verbally agreed that I do not have responsibility for XYZ. As discussed this is not a responsibility within the role I was employed to do and is outside ny scope of practice’. Then you have expressed your concern in writing and hopefully they will clarify in writing.

If it makes you legally responsible than it doesn't matter what the organisation tells you.

The problem is that you agreed to it. It's a grey area, you need to go back and say you don't agree to it anymore and they need to have someone on duty with the ratio.

What are they likely to say?

It sounds like childcare. You're not happy and feeling pressured and have other work to do. I'd make it clear your limitations and if they don't listen I'd leave.

I think you are right that potentially you are the one in the witness box if anything goes wrong. In those circumstances it is inevitable that those investigating will be asking who was in the safety role, and as soon as your name is given they will want a full statement from you about how you fulfilled that role and why you didn't take the required steps to avoid the accident.

I would want to ask if you're not responsible, who is? Id need the name of that person and to discuss with them before deciding.

You mentioned you'd easily get another role - what is keeping you there?

Thank you, there are some very, very good points here. Excellent.

Yes - I read the Benedict Blythe case which was dreadful. Although a person wasn’t named as such, it was stated that the milk being poured in the wrong place was potentially the factor.
Yes, I would be in the witness box.
If a broken bone went to court, I would be asked - why were you assuming responsibility for 30 when you’re not contracted to?
The organisation are saying (verbally) THEY will take responsibility here - but if it’s me in court v a big organisation/their reputation : I would be implicated.
I have put in writing ‘I understand from our conversation that I am not responsible’ and I’ve asked to reduce my hours on the days when I’m asked to do the role - to allow a person with more authority to cover.