The Union is on this and are now getting HSE involved.
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