CWU Area Safety Representatives Statutory right of access

[TrueBlueTerrier]

Letter to Branches




No. 963/11
Ref AS3
Date: 15 November 2011


To: All Branches,

Dear Colleagues,

Royal Mail Christmas 'Outhouse' Packet Operations - CWU Area Safety Representatives Statutory right of access to carry out a workplace safety inspection

The Health, Safety & Environment Department hope to publish a 'Joint Statement' later today ensuring full access and full involvement of ASRs to all the Royal Mail Christmas 'Outhouse' Packet Operations.

Royal Mail is opening a dedicated nationwide packet network of nine temporary 'outhoused' packet hubs located in Glasgow, Edinburgh, Swansea, Bristol, Peterborough, Manchester, Swindon, Nuneaton and Watford.

It is important that ASRs with 'Outhoused' operations in their area ensure the units are thoroughly inspected and regularly checked during the Christmas Pressure period.

Access by CWU Area Safety Representatives to the 'Outhouses' and involvement in the Safety organisation and arrangements on the site should be a matter of business as usual but it is important that ASRs become involved with the sites early on, as in previous years Safety Inspections uncovered a number of potentially serious breaches of health and safety legal requirements at the locations.
 
Loading and unloading safety, workplace transport and yards are high risk areas to look at and it's important to flag up any serious non-compliance issues ASAP. Risk Assessments for the sites must be completed and ASR input taken in to account. Completed Risk Assessments and Safe Systems Of Work must be in place and available on site.  
 
Royal Mail locally have a duty to communicate safety information, instruction and training to staff. The Area Safety Representative's inspection reports should be given to the PIC and sent to Royal Mail's Regional Safety Director. ASRs will need to re-visit the sites to carry out a re-inspections when remedial action is necessary following the initial Safety Inspection.
 

Area Safety Representatives who have not already done so should give notice to Management that they intend to carry out a Safety Inspection of the
Workplace and carry it out ASAP. If resistance to allow access to inspect is experienced then Area Safety Representatives should seek to resolve this with the Regional Safety Director and failing that contact the CWU HQ Health, Safety and Environment Department.
 



Below is some advice to Area Safety Representatives when taking this issue up with Management and if any resistance is given to accessing and inspecting
these locations:-
 
Refer to the Safety Representatives and Safety Committees Regulations 1977:
 
(a) Regulation 5 (1) entitles Safety Representatives to regularly carry out safety inspections of workplaces on a minimum 3 monthly basis. Reasonable notice needs to be given to the employer of the intent to inspect. [This Regulation wouldn't apply to the temporary "Outhouse" Operations which in most cases operate for less than 3 months].

Safety Representatives have a number of Inspection and Investigation Rights beyond the above mentioned and can carry out a Workplace Inspection;
(b) on their own initiative under Regulation 4(1)(a),
(c) following an employee complaint under Regulation 4(1)b and
(d) following changes in working conditions under Regulation 5(2)
 
In the case of "Outhouse" units Regulations 4(1)(a), 4(1)b and Regulation 5(2) all serve to justify a Safety Representative carrying out a Workplace Inspection. Under these sections of the Regulations the reasonable notice requirement set out as in Regulation 5(1) isn't set out against these Relations as the need to inspect may be urgent or immediate and the employer is legally bound to assist and facilitate the Safety Representative. Management are entitled of course to know the Safety Representative intent to inspect (written or oral notice) and when the Safety Representative is on site. However, the Employer can not legally prevent the Safety Inspection taking place beyond very limited circumstances e.g. if the site is too dangerous to inspect. 
 
Safety Representatives have a number of other Inspection and Investigation Rights beyond the above mentioned and can carry out a Workplace Inspection,
most of which are better carried out as quickly as possible;
 
(e) following an accident under Regulation 6(1) and 4(1)(a), 
(f) following an industrial disease under Regulation 6(1),
(g) following receipt of new hazard information under Regulation 5(2) and
(h) following a dangerous occurrence under Regulation 6(1) and 4(1)(a).
(i)  to inspect health and safety documentation that the employer is legally required to keep under Regulation 7(reasonable notice required).
 
It's also worth bearing in mind that a "Workplace" as defined in the SRSC Regulations is any place or places where a worker works or frequents during the course of their employment or incidentally to it. Area Safety Representatives Inspections therefore cover all such locations in their postcode constituency where a worker may go.
 
If the Area Safety Representatives is asked to identify the group or groups of employees working at an "Outhouse" that they are appointed to represent - the answer to be given is as follows: "The CWU Area Safety Representative is appointed to represent all employees on site in CWU or equivalent grades other than those grades appropriate to the Unite/CMA Trade Union." 
 

The Health, Safety and Environment Department has informed Royal Mail and Group Property that CWU Area Safety Representatives will be carrying out workplace
Safety Inspections and in some cases that has already taken place with the co-operation and at the invitation of Royal Mail management.





However, Area Safety Representatives should initiate their contact with local management or the Regional Safety Director at the earliest opportunity to get on site
and carry out a Safety Inspection and raise any concerns.

Yours Sincerely
 

 
Dave Joyce
National Health, Safety & Environment Officer