Article 40 - Not Charging Employees

[messy]

Article 40 of the RR(FS)O states:'.......

Duty not to charge employees for things done or provided
     40. No employer may levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any requirement of this Order or of regulations made under it.

Now consider a private healthcare establishment for EMI (Elderly Mentally Ill) confused persons. To avoid the risk of residents wandering, final exit doors are locked with staff carrying keys. This has been risk assessed, has been subject to regular fire drills, has worked well for years and seems suitable and sufficient.

However, recently to 'motivate' staff to look after their keys, management have introduced a considerable charge/fine if a staff member reports a loss. Is this permissible under Article 40? The management say it's simply a fine (like a lost library book) and not a charge (as the key remains the property of the management and not the staff member) so Article 40 doesn't apply.

Recently however, I have learned that they have extended the scheme and no replacement key is provided until the fee/fine is paid.

In my view - in respect of Article 40- they may (or may not) be legally entitled to fine staff for loss of the key. But if they no longer will replace the key until the fine is paid, this now beginning to resemble a charge which much surely be against Article 40. In any case, some members of staff may be on duty with no access to the key operated MOE. In addition, there are no systems to monitor how many 'keyless' staff members are on duty at one time, so there could easily be more than one!!!

I have made my comments known to them (about article 40 and other issues regarding maintaining MOE) so feel professionally clear of any blame if it all goes belly up, as I believe they will simply ignore me and carry on.

Any views??

[nearlythere]

I would consider this totally out of order Messy and is not a safe system of work. If there is a problem with staff losing keys, which are required as a means of escape, then the managers should introduce a workable safe system of work to resolve the issue and certainly which does not involve fining someone.
If staff are able to lose, misplace or leave keys at home then there is obviously a weakness in whatever system is in place.
I would think that the managers should be fined for not having a proper control measure in place regarding keys. Additionally, if staff forget keys and know they are going to receive a fine they may well not own up to not having a key on their person whilst on duty.
I am inclinded to recommend the use of keys on Zingers in such circumstances which are issued at the start of shifts and returned at the end.
As regarding Art 40 I would suggest that the managers are acting illegally.

[Allen Higginson]

Surely a basic "sign out/sign in" system for those who are required to carry the keys when they come on or go off shift would overcome this?

[Thomas Brookes]

One of the key less staff should insist the local fire officer makes a call to site and ask him how they can open the door with out a key.

[Mr. P]

If the management are not replacing keys, then it seems inevitable that one staff may be on duty and life may be lost because they cannot open exits. Surely this will be a failing of management not the staff, especially if they have reported it.  The RP/employer/management is then up for prosecution...
Not to get away from the responsibilty that all the staff have though, there be able to be an incentive/deterrent for staff not to lose keys.  More simply keys could be left at work-place?

[messy]

There are two related but separate issues here:

Not providing the key - for whatever reason - and failing to monitor how many staff are in that position, is clearly a breach of the FSO, as maintaining a suitable MOE for staff and (very vulnerable) punters cannot be assured. I have no problems there - it's negligence beyond belief and I have informed the RP of my views. However I believe they intend to carry on regardless.

It's the issue of charging cash for the lost key that I am questioning, as I am unclear if it falls within Article 40

[nearlythere]

There are two related but separate issues here:

Not providing the key - for whatever reason - and failing to monitor how many staff are in that position, is clearly a breach of the FSO, as maintaining a suitable MOE for staff and (very vulnerable) punters cannot be assured. I have no problems there - it's negligence beyond belief and I have informed the RP of my views. However I believe they intend to carry on regardless.

It's the issue of charging cash for the lost key that I am questioning, as I am unclear if it falls within Article 40

One issue is this bit "But if they no longer will replace the key until the fine is paid". Does this mean that staff can be on duty without a key? It is a condition of the safety aspects of the emergency plan that staff have a key which is provided by management. To fine someone in this regard is a charge levied on something which is provided. The cat o nine tails is not a charge but a fine is and you have to remember that a fine is a punishment. IMO

[Brian Catton]

I have worked in the NHS mental health sector for over ten years and the only time keys have been approved is in the higher secure areas such as forensic mental health. This is because the staff have what I call a key philosophy, ie they need keys everywhere they go and have the keys on their person at all times due to the security issue being very high. I doubt that this kind of security is appropriate for elderly mental health. I would in this case advise electronic locks with a keypad override, linked to the fire alarm system so that the doors within an alarm/detection zone are released automatically on activation of the alarm system. Test switches would be required adjacent to the doors to enable the staff to open the doors weekly as part of the testing regime.  I would love to have sight of the Risk assessment that has allowed the use of keys.
Staff not having keys would no doubt be in breach of the control measures that should have been detailed in the FRA report. IE all staff to carry keys at all times.

[messy]

Just out of interest Brian, do you know of any forensic MH units charge the staff for the loss of MOE or call point keys??

I am predicting that this RP may have copied this policy from elsewhere

[Brian Catton]

No Messy but I have known a few FPO,s that might. Sorry lapsing into the old terminology.