I had an incident with one of my directs this week that I would like to get some input on.
Our work site requires that employees report to work clean-shaven. This is based on a safety requirement as stated by our government OH&S organization. In the past we have been negligent on enforcing this requirement but recently our management team has stated that this needs to be addressed.
I have one employee who for a number of years has had facial hair. He keeps it trimmed and when fit-tested for respirator the fit-tests have passed. I spoke to my direct about this and told him he needs to shave off the facial hair. He pushed back with a number of arguments:
1) why now
2) why are we located on an industrial site, why not in a remote office
3) can we use a different type of respirator
4) this does not affect his performance
I agreed that this is not a performance issue and repeated that we have not negligent in complying with regulation and have been to do address this now. I said that I would follow up with our safety group about a different type of respirator.
A number of times my direct indicated that if we pushed this, he would start looking for work elsewhere. I did not respond to that directly. I do not know if this was meant as a threat or just being said to illustrate how strongly he feels about this.
I followed up with my safety rep and he said the regulation is clear. At this time there are no exclusions or other options.
I reviewed this with my manager. He agrees that the regulation is clear but does not want to lose stay employee over this. He is following up with HR and Safety to see if we can make an exception for workers that are not out in the field. My group is office based but the offices are located in the middle of a multi-acre industrial complex and we have a number of gases used in our process that are dangerous.
I do not feel that any accommodation is necessary and see it as eroding our management rights. What is going to happen when he disagrees with our change management or expense management policies do we grant exclusions then. I would support an exception if complying with the regulation posed a real hardship or if there were cultural or religious issues.
He is at work today and continues to have facial hair. I will talk to him today to let him know that I check with our safety rep and the regulation is clear. I am hoping that after thinking about it he will understand that this is for his own safety and that while we both have been negligent this needs to be addressed.
I am looking for suggestions on how to proceed both with the employee and with management on this.
GTDHelps, I have had to deal
GTDHelps,
I have had to deal with this same issue both in the military and as a civilian.
The regulations are clear. Even though it does not affect his normal work, and his exposure to safety issues are limited, the company is exposed should anything go wrong.
I hope that you are having 1:1's with this person and have a relationship where you can sit down and explain that it is nothing personal.
He needs to comply with the requirements.
If you are able to move them to a remote location, where the risks are not present then do so. If not.......
Let him know that this is a safety related issue and that it is NOT negotiable for his safety and the safety of others. If he goes down somewhere, because his respirator failed due to facial hair, someone will need to go in and rescue/recover them. This puts that operator at risk.
I have had to terminate employees for their inability to comply with federal regulations before.
My background:
I am the HSE&F manager for my facility and oversee all safety related items for the site. I have had to counsel employees for not wearing proper safety gear, proper clothing for the environment they are working in, and not following safety protocols when performing their job functions. Any of these found by an auditor could potentially cost the company thousands of dollars and could lead to a more intensive inspection/audit.
Federal regulations are often pretty grey but many companies begin to make them more black & white to ensure that there is no deviation that may cost them productivity or money.
Mac
DiSC 7121
Oil Patch
In the oil patch, the "no facial hair" issue comes up fairly often. I'm in the Middle East, and some South Asians insist that facial hair is part of their religious observations. I have short-circuited this argument with the statement before I hire that they will sometimes need to shave, be drug tested, purchase additional safety equipment (which we'll reimburse), and other such inconveniences due to site-based safety requirements. At the time if hire, they are told that safety regulations are inviolate and they will comply or face termination.
As you could probably tell from the above statements, I'd have little sympathy for your employee. I would tell him directly, "Following safety regulations is not optional. Disagreement with company policy does not give you additional options."
Safety is an area where I do not compromise. My safety record speaks for itself, perhaps because of my draconian attitude. Would you prefer to let this continue, only to have a gas leak and his death next week due to a bad fit with his mask? Seal-testing is done during a calm scenario. Fire, explosions, and toxic gasses tend to have folks less-than-calm.
The next time he shows up unshaven, I would hand him a copy of the written policy, and immediately send him home to shave or hand him a razor. Willful failure to comply with company policy is a termination offense. How long would you allow someone to violate the sexual harassment policy? How long are people allowed to violate hazardous area entry policies? How many welds can someone do without his vest and visor? Why should the facial hair policy be less inviolable than other workplace rules?
Eventually, I'd say, "Shave, quit, or be fired. This subject is not open to debate or disagreement." That's better than saying, "He'd still be alive it I had only enforced the shaving rule."