Thames Valley Mail Centre - H&S "Prohibition Notice"

[TrueBlueTerrier]

LTB 1019/09 - Thames Valley (Swindon) Mail Centre - Health & Safety "Prohibition Notice" issued For Dangerously Unsafe Working Practices


No. 1019/09
Ref C2509
Date: 18 November 2009

To All Branches
All Postal ASRs
All CWU Regional H&S Forums

Dear Colleagues

Thames Valley (Swindon) Mail Centre - Health & Safety "Prohibition Notice" issued For Dangerously Unsafe Working Practices in the Yard involving Workplace Transport and Loading/Unloading Work Methods: 

For the information of Branches and Safety Representatives the following report and details are being circulated with the full consent and input of Tony Hayes Area Safety Representative for the CWU South West No 7 Branch.

On the 16 October an Environmental Health Officer from Swindon Borough Council visited the Thames Valley (Swindon) Mail Centre site and after inspecting the yard, immediately issued a 'Prohibition Notice' and three 'Improvement Notices' with regard to dangerously unsafe working practices in the yard of the mail centre. 

Please find attached pdf file copies of the Prohibition Notice and associated 3 Improvements Notices with regard to Thames Valley Mail Centre issued on both Royal Mail and on the Mail Centre Manager.
 
Health and Safety Prohibition Notices

If a HSE or Local Authority (EHO) inspectors believe that work activities give rise to a risk of serious personal injury, they may issue a 'prohibition notice'. The prohibition notice normally requires the work activity to stop immediately. The work activity must not resume until action has been taken to remove or control the risks.

The prohibition notice will explain why the inspector thinks there is a risk of serious personal injury. It may also state:

whether a law is being breached.
what the organisation/business and management need to do to reduce or control
those risks.
The organisation/company must always comply with a prohibition notice and stop the prohibited activity until the required remedial action has been taken, as not doing so will result in prosecution of the company and any named individual duty holder - e.g. director or senior manager.

When the notice has been complied with and the inspector is satisfied, then the notice is marked as complied with on the register.

Health and Safety Improvement Notices

An inspector may issue an 'improvement notice' if they believe the company management is breaking health and safety law. This will usually be where the law is being broken in a relatively serious way, or in a way that poses a risk to people. The improvement notice will:

specify the breach of law
say what needs to be done and why
give a period of time in which to comply

The inspector will normally discuss the improvement notice with the organisation/company's management before serving it, and normally try to resolve any disagreements there may be. The minimum time period for any remedial action is 21 days.

Businesses must always comply with an improvement notice as failure to do so can result in prosecution.

If the organisation/business thinks a notice is unfair, there is a right of appeal against it to an employment/industrial tribunal.

All enforcement notices (improvement and prohibition) as well as prosecutions are published by the Health & Safety Executive (HSE) on their online public register of enforcement notices, where it will appear for a period of five years. Notices are not published until nine weeks after their date of issue to allow for any appeals. When the notice has been complied with and the inspector is satisfied, then the notice is marked as complied with on the register.

In addition, if inspectors find that a duty holder – e.g. a director or senior manager - to be in breach of health and safety requirements, that individual along with the company may be held to account in a court of law.

Area Safety Representatives Report and Actions
 
The new, modern £20 million Thames Valley Mail Centre at Swindon is described as the largest, state of the art mail centre in the country and was described in the Royal Mail 'Courier' double page spread - as 'a fantastic place to work'. In reality the Area Safety Representative Tony Hayes reports that the Mail Centre is 'creaking at the seams' as it has been built it too small for its intended capacity.

The ASR reported that in the last couple of months and in an attempt to provide a solution to the space deficiencies within the two warehouses on site, management took it upon them-selves to unload and store mail in the middle of the road ways which are the main access and egress points to and from the Mail Centre. Management at Swindon had not risk assessed the task or provided any Safe System of Work to cover what was a very dangerous operation.

The ASR raised the matter of the dangerous work practice of unloading and loading vehicles in the middle of the roadways at the Health and Safety Committee meetings which are held weekly because things are so bad at Thames Valley MC.

Further strong representations to management were made and the ASR took the Mail Centre Manager's deputy, the shift manager and the Work Area Manager out to the area where this dangerous work was being performed. It was agreed all round that working in the way we was 'dangerous' and that alternative ways of working that were safer had to be found. During this time the ASR took some video footage of the unsafe work methods in the yard.

After a week and a half went by and the same dangerous working practices were continuing with no management intervention, the ASR again took the issue up and went to the Mail Centre Manager and took him and the Work Area Manager out to the yard area to get their view. Once again after watching how the work was being performed, it was all agreed that the work activity was dangerous.

A further week went by and nothing had changed. With workers being left to work in danger the ASR decided enough was enough and for safety's sake decided to contact the Local Authority EHO Enforcement Inspector who on seeing what was going on issued the 'Prohibition Notice' and three 'Improvement Notices'.
 
The Prohibition Notice states:
 
The parking of curtain sided Trailers in the centralised turning area (located between inward and outward) traffic routes whilst being unloaded or waiting to be unloaded by Fork Lift Trucks involves a risk of serious personal injury and the matters that give rise to the said risks are:-
 
1. There is no control or safe system of work to ensure that pedestrians, drivers and fork lift truck drivers are not exposed to the risk of being struck by a moving vehicle.
2. The area used is found between to two traffic routes and a reversing area.
3. Fork Lift Trucks are unloading vehicles parked here whilst traffic movements are allowed to continue. The Fork Lift Trucks are transversing traffic routes used by all motor vehicles that enter and leave the rear of the site.
4. Positioning of curtain sided trailers in this area obstructs the vision of all drivers accessing or exiting the site. 
 
Because there is a risk of drivers, pedestrians, other vehicles, being struck by a moving vehicle, as the obstruction prevents clear visual awareness of other users namely pedestrians, Fork Lift Truck Drivers and all other drivers and that the said matters involve/will involve contravention of the following statutory provisions:
 
Health and Safety At Work Act 1974, Section 2(1),
Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 17
 
and I hereby direct that the said activities shall not be carried on by you or under your control immediately unless the said contraventions and matters have been remedied and I direct that the measures specified in the schedule which forms part of the Notice shall be taken to remedy the contraventions or matters.
 
A Prohibition Notice was also served on the Mail Centre Manager. 
 
Schedule to accompany the Prohibition Notice:
 
Traffic Management 
 
1. No vehicles are to be parked in the turning area in front of the unloading bays, as designated in zone 1 for any reason.
2.  The turning area must be clearly marked as a No Parking Zone.
3. The designated turning area must be kept free of obstructions that may inhibit safe vehicle movements and visibility likely to inhibit safe vehicle movements.
4. Excess trailers that are either empty or awaiting unloading shall have a designated parking area that does not overlap onto either the access or egress thoroughfare.  
5. Unloading of curtain sided vehicles can only take place in the designated bay area. Fork Lift Trucks are not to undertake unloading activities of curtain sided vehicles outside of the designated bay area.
 
The Improvement Notice 1 states:
 
Royal Mail Swindon and the person in control of the premises are contravening in circumstances that make it likely that the contravention will continue or be repeated, the following statutory provisions;
 
Health and Safety At Work Act 1974 and
Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 17 (3) and (4)   
 
The reasons for the said opinion are:
 
There is currently no traffic management system that controls the separation of pedestrian, Fork Lift Trucks and other vehicles in the area used for loading and unloading of curtain sided vehicles, exposing drivers, pedestrians, visitors and fork Lift Truck Drivers to risks to their health and safety.
 
and it is hereby required that Royal Mail remedy the said contraventions by 27 November 2009.
 
An improvement notice is also served on the Mail Centre Manager.
 
The Improvement Notice 2 states:
 
Royal Mail Swindon and the person in control of the premises are contravening in circumstances that make it likely that the contravention will continue or be repeated, the following statutory provisions;
 
Health and Safety At Work Act 1974 and
Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 17 (1)    
 
The reasons for the said opinion are:
 
The Loading Bay area is so congested with 'Cages' and other work equipment that the loading bay can not be used safely.
 
and it is hereby required that Royal Mail remedy the said contraventions by 13 November 2009.
 
An improvement notice is also served on the Mail Centre Manager.
 
The Improvement Notice 3 states:
 
Royal Mail Swindon and the person in control of the premises are contravening in circumstances that make it likely that the contravention will continue or be repeated, the following statutory provisions;
 
Health and Safety At Work Act 1974 and
Management of Health, Safety and Welfare Regulations 1999, Regulation 3 (3) (b)
 
The reasons for the said opinion are:
 
Suitable and sufficient risk assessments to the employees have not been put in place for the operation of unloading curtain sided trailers to take account of increased levels of activity.  
 
and it is hereby required that Royal Mail remedy the said contraventions by 4 December 2009.  
 
Conclusion 
 
Royal Mail's record on yard safety and workplace transport is not a good one. The issuing of a Prohibition Notice is rare and is very serious. The contents of the Prohibition Notice and accompanying three Improvement Notices have very serious implications for Royal Mail across the Mail Centre and Distribution Centre Network.

I strongly suggest that all Area Safety Representatives take careful note of the above and attached and carefully examine and inspect yard operations in your own constituencies drawing any comparisons and parallels with Thames Valley, taking the opportunity to fully discuss the Enforcement Notices with local management and Regional Safety Directors in order to avoid similar Enforcement Action or Prosecutions elsewhere.
 
You will note that the Enforcement Officer, the EHO not only served Notices on Royal Mail but served Notices on the Mail Centre Manager as the duty holder for the site, emphasising how serious these matters were taken. Both Royal Mail and the MCM could face prosecution if there is an accident or continued breaches. ASRs should follow the example of the ASR in this case Tony Hayes who exhausted all efforts to resolve matters with what appeared to be a 'blasé' local Management before going to the Enforcing Authorities.
 
Vehicles at work (on site) continue to be a major cause of fatal and major injuries. Since 1998/99 there has been an average of 61 fatalities each year as well as over 2150 major injuries and over 4270 injuries requiring the injured person to be off work for more than 3 days. Hence the reason it’s a priority area for the HSE.
 
Some Dos and Don'ts

DO
Keep people and vehicles/FLTs etc apart
Anchor loads securely to the vehicle/trailer chassis
Avoid the need to work at height on vehicles but when having to do so ensure the work is assessed, controlled and performed safely as per the safe system of work.
Make sure clear site rules and traffic management systems are in place and compliance is enforced
DON'T
Operate vehicles/FLTs or other MH equipment unless the operator is competent, trained and authorised to do so.

To assist ASRs further I attach copies of:-

HSE Publication - "Workplace Transport Safety - An Overview" INDG 199.
HSE Publication - "Site Inspection - Workplace Transport Check List"
 
Yours Sincerely


Dave Joyce
National Health, Safety & Environment Officer

[brothermagrew]

Well done to Tony Hayes and shame on Royal Mail and their managers for abyssmally failing to protect the health and safety of their workforce. Surprised though Teebs that this wasn't put under the Health & Safety forum.

[TrueBlueTerrier]

Well done to Tony Hayes and shame on Royal Mail and their managers for abyssmally failing to protect the health and safety of their workforce. Surprised though Teebs that this wasn't put under the Health & Safety forum.

Oops - I thought I had it there - must concentrate more

[underpants]

I no tony hayes he is a top man, he as also got some good health and safety reps under him,
he puts alot of work in , well done tony

[SeriousSam]

omg that avatar scars my eyes