H&S ignored by Royal Mail executive action

[POSTMAN]

Dear Colleagues,

Please see the attached letter which has been sent today to Royal Mail by Dave Joyce, National Health, Safety and Environment Officer.

Please can you ensure that this is put into action as soon as possible. We will be seeking legal advice on this tomorrow from our solicitors and will provide you with an update.

Bob Gibson

Assistant Secretary


Our Ref: EX5/DJ/lh

Michael Stockdale Delivery Director

Norman Smith Safety Director

RML HQ


Dear Michael & Norman,

RML Delivery Office Duty & Working Practice Revisions (Absorption)- Lack of Health and Safety Involvement and Consultation - Breach of MHSW Regulations 1999 and SRSC Regulations 1977, Breach of HSE/RML/CWU Large Organisations Partnership (LOP) National Joint Improvement Plan (NJIP), Breach of Royal Mail Safety Policy and Breach of Royal Mail/CWU National Safety Representation and Consultation Agreement:

Further to our recent meeting where I raised this matter, I seek you urgent attention to a problem rapidly running out of control.

I am very concerned to be receiving complaints from a growing number of our area safety representatives in that Royal Mail management teams across the country are implementing 'Pegasus Geo Route Revisions' and work absorption by 'executive action' and have either already imposed or are intending to impose duty and working practice revisions, in particular in the Greater London area, in a large number of Delivery Offices without the proper meaningful involvement and consultation with CWU Safety Representatives. Safety Representative involvement and consultation is as you know required by Law and as is reflected in Royal Mail's own Safety Policy as well as being set out in the Royal Mail/CWU National Agreement on Safety Representation and Consultation plus forming part of the HSE's Large Organisation Partnership (LOP) National Joint Improvement Plan (NJIP). Despite the fact that there may be an IR breakdown, management's health and safety duties remain and can not be set-aside.

Royal Mail's new Safety Policy provides 'Top-Down' guidance for Directors, managers, health and safety professionals and safety representatives, aiming to improve health and safety in the organisation on a continuous health and safety improvement basis, using firmer language than in the past by way of the words 'must' and 'will' denoting compulsory action. The Policy sends out a powerful message across the business, fully in line with the HSE's new 'Safety Representatives Worker Involvement' guidance and Five Year strategy.

I would draw your attention to the following important section of the Royal Mail Safety Policy:-


"Trade Union Safety Representatives

The role of the trade union safety representatives is crucial to the delivery of a safe working environment, high standards of safe working practice and a positive safety culture. It is recognised that they must be involved in health and safety issues and will engage at all levels of the organisation and provide information and assistance to the staff they represent and to safety practitioners and managers in safety related matters.

To ensure that this working relationship is engaged and to consider corporate wide issues the (joint Royal Mail/Trade Unions) Group Safety Forum has been established to ensure employee engagement on Group wide safety issues at the strategic level."


The Management of Health & Safety at Work Regulations 1999 and the Safety Representatives and Safety Committees Regulations 1977 require Royal Mail managers to consult CWU Area Safety Representatives 'in good time' in respect of any changes in the workplace, conditions of work, changes to working methods and systems etc. Management are required to firstly provide all the relevant information and plans to the Safety Representative and secondly, in due course, fully consider and take fully in to account the Safety Representatives input before making changes.

Despite the clear legal requirements, Royal Mail Letters managers (DSMs and DOMs) in certain locations seem to be of the opinion that due to an Industrial Relations breakdown and a decision to implement changes without an IR agreement that ‘executive action’ allows them to cancel out and negates their legal health and safety duties and responsibilities which of course isn't the case.

The 'Pegasus Geo Route Revisions' are I'm told bringing in profound and major changes in generating the new delivery round walking duties. Consequently attention has to be given to walk design risk assessments (WPQ 1, 2 & 3’s), Provision of adequate Information, Instruction and training to all staff and implementation of appropriate safety standards, risk controls and SSoWs as well as on, Working Time breaks, Dangerous Dogs Policy, weight on delivery solutions, equipment provision, acceleration arrangements, provision of safe drops, toilet facilities and welfare facilities etc on all of the new walks, new maps and log books etc, etc.


A number of examples (I stress examples - list not exclusive) that my department has been notified of from various locations across the UK where Delivery Offices duty revisions have either been imposed or notice has been given are:-

South West - Bristol DOs 1 to 12, Nelsea DO, Chedar Valley D O

Midlands - Nottingham East DO and Eastwood DO.

North West - Manchester DOs - NEDO, Eccles DO, Failsworth DO, Wythernshawe DO.

Essex - Ilford DO, Rainham DO, Upminster DO and Dagenham DO.

London – E1, E7, EC1, W1, WC, SW, SW3, SW7, SW13, SW14, SW20, N1, NW, W2, W4, W6, W7, W11, W13, W14 & SE10. Further stage 3 disagreements are planned for the following offices: SE1, SE22, SW16, E15, Nine Elms, N12 & N14.

In none of the above has Management discharged their legal obligations to involve the safety representatives.

Your immediate attention would be appreciated with an instruction being issued without delay. to all Regional Directors, DSMs and DOMs that proper meaningful involvement and consultation with CWU safety representatives on all Delivery revisions to ensure that the new duties are effectively evaluated and monitored from a safety, health and wellbeing perspective. Managers have a duty to ensure that staff are not asked to absorb work beyond safe individual capacity and must ensure any changes are safe and that staff have adequate safety information, instruction, training and supervision in place.

With so much change taking place, there needs to be close joint working (Managers/Safety Reps) to ensure compliance with Royal Mail’s Stress at Work Policy and to ensure that Manual Handling risks and Slips, Trips and Falls risks are not increased.

I strongly suggest the Royal Mail Safety Policy ‘POPIMAR’ approach is adopted (based on HSE Publication HSG65) to cover off health and safety requirements arising out of duty revision activity. This sets out best practice for the management of H&S–Based on the main Safety Management System:-


POPIMAR

Policy

Organisation - arrangements for new duties – Involve/consult Safety Rep.

Planning – Manager sets out plans. Involve/consult Safety Rep take input.

Implementation - of new delivery plans. Inform Safety Rep.

Monitoring – joint monitoring of the new walks safety performance.

Auditing – Manager/Safety Rep meet regularly to discuss and validation safety process.

Review – Periodically review the risk assessments and controls jointly (Manager/Safety Rep) as required..


I look forward to your urgent reply.

Yours Sincerely

Dave Joyce

National H,S&E Officer



CC: Mark Higson MD

Keith Scott RMG Head of Safety

Nick Summers HSE

[POSTMAN]

Thanks to geezer for the original post.

[ldsposti]

A very good posting they can add my office to the list been in geo-route 2yrs now and a month of walk lapsing with no involvment with the h & s rep, think i may print this posting off and show it to my dim.

[TrueBlueTerrier]

RML Delivery Office Duty & Working Practice Revisions (Absorption)- Health and Safety Representatives Involvement and Consultation

No. 668/09
Ref AS3
Date: 3 August 2009


o: All Royal Mail Branches

Dear Colleagues
RML Delivery Office Duty & Working Practice Revisions (Absorption)- Health and Safety Representatives Involvement and Consultation
A considerable number of CWU Branch Area Safety Representatives within Royal Mail Letters have recently been in contact with the Health, Safety & Environment Department regarding Royal Mail's widespread programme of Delivery Office Duty Revision activity and 'absorption' of additional delivery work. The new arrangements being introduced involve members taking out extra work, over and above their normal delivery route, in normal hours. In all cases reported to us, the revisions were being introduced by management 'Executive Action' after negotiations with CWU IR Representatives had broken down and the Industrial Relations (IR) framework disagreements procedure had been exhausted. Royal Mail Letters claim to be deploying changes in line with the pay and modernisation agreement made previously with CWU Postal Executive Committee which the PEC disputes and condemns Royal Mail's current approach to this.
 
However, the rightful concerns and complaints from a growing number of our Area Safety Representatives was that the Royal Mail management teams across the country were implementing duty revisions and absorption by 'executive action' and appeared to unaware of their health and safety duties or were ignoring them or were under the impression that the 'executive action' somehow excused them from their obligations to consult Safety Representatives by Law. Many managers (DSMs and DOMs) had either already imposed or were intending to impose duty and working practice revisions in a large number of Delivery Offices without the proper and meaningful involvement and consultation with CWU Safety Representatives.
 
A meeting took place with Royal Mail HQ, followed up in correspondence, strongly pointing out that Safety Representative involvement and consultation is required by Law and is reflected in Royal Mail's own 'Safety Policy' as well as being set out in the Royal Mail/CWU National Agreement on Safety Representation and Consultation plus it forms part of the HSE's Royal Mail Large Organisation Partnership (LOP) National Joint Improvement Plan (NJIP).  Both the Management of Health and Safety at Work Regulations 1999 and the Safety Representatives and Safety Committees Regulations 1977 oblige employers to meaningfully consult and involve Safety Representatives in planned work changes affecting the health and safety of the workforce and necessarily require the employer to provide information and take into account the Safety Rep's input. It was therefore pointed out that despite the fact that there may be an IR breakdown, management's health and safety duties remain and can not be set-aside under any circumstances.

I would draw your attention to the following important section of the Royal Mail Group Safety Policy, signed by the Chief Executive:- 

"

Trade Union Safety Representatives

The role of the trade union safety representatives is crucial to the delivery of a safe working environment, high standards of safe working practice and a positive safety culture. It is recognised that they must be involved in health and safety issues and will engage at all levels of the organisation and provide information and assistance to the staff they represent and to safety practitioners and managers in safety related matters." 

 
Immediate attention to the matter was requested and we asked for urgent instructions to be issued without delay to all Regional Directors, DSMs and DOMs that proper meaningful involvement and consultation with CWU safety representatives on all Delivery revisions takes place to ensure that the new duties are effectively evaluated and monitored from a safety, health and wellbeing perspective.

The Director of Delivery and Director of Safety responded by agreeing to issue an urgent communication which included the CWU National Health and Safety Officer's letter along with advice to all Region Collection and Delivery Directors and Region Directors of Safety to ensure they are aware of shared RML HQ/CWU HQ concerns, reminding them that the safety of everyone in Royal Mail is the prime responsibility, it remains the principal focus for all operations and that this focus cannot change at times when Industrial Relations are difficult. The advice adds that the WPQ 1, 2 and 3 Risk Assessments documentation must reflect the appropriate information through active updating and the appropriate information instruction and training must be delivered to the delivery personnel.
 
Copies of the correspondence are attached for your information and reference.

Note: This LTB deals solely with health and safety issues arising out of the current situation in Delivery and nothing else. All other Industrial matters are being dealt with Postal Department, DGS(P), Outdoor Assistant Secretary and Postal Executive and all issues appertaining to the IR problems should be directed to the appropriate place.
 
Yours Sincerely
 
 
Dave Joyce
National Health, Safety & Environment Officer 

[TrueBlueTerrier]

1st Floor
35-50 Rathbone Place
LONDON
W1T 1HQ

Tel: 0207 441 6008
Mobile: 07872815183
norman.smith@royalmail.com
http://www.royalmail.com" onclick="window.open(this.href);return false;

Dear Dave

Re: Reference your Letter EX5/DJ/lh dated 27 July 2009: RML Delivery Office Duty and Working Practice Revisions (Absorption)

Thank you for your correspondence expressing your safety concerns with respect to the current absorption revisions.

Revisions are only introduced after the Industrial Relations (IR) framework has been exhausted. At each of these IR stages union contribution to revision proposals has been requested. In addition all of the revisions currently being deployed are in line with the agreement made previously with CWU.

As you state WPQ 1, 2 and 3 must reflect the appropriate information and this can only be achieved through active updating and any absorption should be captured and included through this dynamic process. The information from existing WPQ 1, 2 and 3 should be transferred as part of the absorption process and the appropriate information instruction and training delivered to the delivery personnel. The arrangements for people taking work out, over and above their normal route has been custom and practice for some time through the use of overtime. To that end it is difficult to differentiate in this comparison between absorption as proposed and the overtime practice.

Michael and I will communicate your letter and this response to all Region Collection and Delivery Directors and Region Directors of Safety to ensure they are aware of our shared concerns. The safety of everyone in Royal Mail is our prime responsibility and this focus cannot change at times when Industrial Relations are difficult.

Yours sincerely

Norman Smith
Safety Director

[Ahebban]

The arrangements for people taking work out, over and above their normal route has been custom and practice for some time through the use of overtime. To that end it is difficult to differentiate in this comparison between absorption as proposed and the overtime practice.

I would suggest that the differentiation is that RM are looking to include absorption by extending delivery spans beyond the current 3.5 hours. Thereby the absorption becomes part and parcel of the duty and not as a 'bolt-on' to a delivery duty for which overtime or cut-offs would become an option.

[pinstripe]

"The arrangements for people taking work out, over and above their normal route has been custom and practice for some time through the use of overtime. To that end it is difficult to differentiate in this comparison between absorption as proposed and the overtime practice.

I have not done overtime for 5 years!
Mind you I haven't done any 'absorption' either.
Does this mean that only people who do overtime have to do absorption? He seem to assume that we are so desperate for money that we all work an extra hour or two every day. But we don't.
What he actually means is that he doesn't really know what he is talking about, I think he's making it up as he goes.

[woofwoof]

Forgot all about this one