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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12069
Experience:  30 years as a practising solicitor.
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Can Vedeo evidence from a mobile phone, be used against me

Customer Question

Can Vedeo evidence from a mobile phone, be used against me on a point of safety, if I haven't been told before hand, I was approached at told about the filming two hours or so after the incident took place. I have since been suspended, on this evidence.
Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
Whilst working at height on-scaffolding l unclimbed my safety harness for some reason, still don't no why. For around fifteen seconds so would have been in breach of safety rules had I been seen and challenged. I had been working away until our break, this is when we were challenged about breach in safety no one new what the Forman was speaking about. After ten minutes the Forman came back and told us that a camera Vedeo footage had been filming us and that one of us was clearly not hooked on. At this point we still had no idea as to what they were talking about as no one had been challenged on the job.I was then asked to go to the office and was told that it was me in the video and that I was suspended. I have made a statement on Monday 11th which I made clear that I was unaware of my actions as no one had challenged me at the time they said the incident took place about two hrs after we were called of the job. I was called to work on Tuesday 19th where they showed me the film which was about fifteen seconds of footage, again I still can't remember my actions which took place in that fifteen seconds. Then I was asked to sign a statement confirming that it was me and that I was in breach of safety rules, I replied that I would have to speak to my Union as to data protection and if they were allowed to film our squad while working
Thank you
Customer: replied 2 years ago.
In my statement I have also highlighted the fact that I was pressured into getting the job done quickly, the Forman wanted the steel put up, so as to get the scaffolding up its height. Because of this we would not be working to sg4 10 which is building scaffolding to a conformed safety standard of one metre lifts creating a safe working zone. Working with two metre working platforms would leave gaps in the scaffolding with potential areas for falls, Forman wanted snagging as its called done later, again this does not conform to sg4 10. As I have previously said I cannot recollect my actions but can only assume pressure,speed and getting the job up its height I have made the mistake of not being hooked on at a perticular time in the building processe.
What is the Scaffolders safe zone•A fully boarded and correctly
supported platform without gaps
where someone could fall; and,
•A single main guardrail (950mm
above platform) where there is a
risk of fall
•When within 1m of unprotected
edge Scaffolders are considered
“at risk” and personal fall arrest
equipment must be used
Expert:  JGM replied 2 years ago.
Thank you for your question.
Where were the cameras? Are they general security cameras or were they put there specifically to film you?
What type of site is this?
Customer: replied 2 years ago.
Had my site induction two days prior to, nothing was said about cctv cameras. On Tuesday I was told that the video was from a hand held device smart phone, there are different levels of safety on this site, I normally work in Ineos petrochemical plant, no phones allowed anytime. The site I was transferred to has been ring fenced from mane plant, classed as brownfield site, the client my company subcontracted to has carried safety standards from Ineos in that I'm not allowed phone on site, the main contractor does not have to conform to this and they can use there phones on site.
Customer: replied 2 years ago.
The site has been ring fenced because the new tank being built, construction site. Then it will be handed over to Ineos on completion and come under the same safety criteria for Ineos sites.
Expert:  JGM replied 2 years ago.
There's no reason why the video evidence you describe can't be used in connection with the issues you describe. There's no law that says someone can't film another person at work. Data protection legislation doesn't apply here as far as I can see. Can you tell me why you think it might and I would be happy to look at this for you again.
Customer: replied 2 years ago.
Looking online from the sites I have visited gov, tuc and citizens advice, Yes there is no law says they can't film but certain guide lines are to be followed signage, the purpose, and inform employees what the information will be used for and how it is to be stored and for how long.
Expert:  JGM replied 2 years ago.
That may be the case but if someone deliberately filmed you because you were breaking the rules?
Customer: replied 2 years ago.
Only seen 15 seconds of video don't no what the rest of the content, or what it's purpose was for. Can't imagine that they have stood and watched me then decided to film me just at that precise moment. If some one witnesses an unsafe act you challenge them on the spot. My actions were brought to my attention about two hours after the event.
Expert:  JGM replied 2 years ago.
The answer to your question, can they make use of the video recording, the answer is yes.
Customer: replied 2 years ago.
Expert:  JGM replied 2 years ago.
You're welcome.