Everyone Should Read This:Phase 3

[Geezer]

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

[cyclemech1]

Does anyone know if RM have actually stopped anyones pay yet or are they just bluffing?

[greynut]

Trouble with this is that no-one knows who's right or wrong. Absorption, phase 3, summer lapsing. This is all in the pay and modernisation agreement which employees voted in. Surely its up to the CWU to make it clear to us what we should or should not be doing. This is the outcome of voting 'yes' and taking the money last agreement.

Well done

[andy2007]

Trouble with this is that no-one knows who's right or wrong. Absorption, phase 3, summer lapsing. This is all in the pay and modernisation agreement which employees voted in. Surely its up to the CWU to make it clear to us what we should or should not be doing. This is the outcome of voting 'yes' and taking the money last agreement.

Well done

Actually, if RM aren't involving the H&S Reps in the decision making process. Then RM are breaking the Law. Which makes them in the wrong.

However: If there is anywhere where the H&S Reps HAVE been included in the process (which I very much doubt), then it would be a very different matter.

[greynut]

Trouble with this is that no-one knows who's right or wrong. Absorption, phase 3, summer lapsing. This is all in the pay and modernisation agreement which employees voted in. Surely its up to the CWU to make it clear to us what we should or should not be doing. This is the outcome of voting 'yes' and taking the money last agreement.

Well done

Actually, if RM aren't involving the H&S Reps in the decision making process. Then RM are breaking the Law. Which makes them in the wrong.

However: If there is anywhere where the H&S Reps HAVE been included in the process (which I very much doubt), then it would be a very different matter.

You are right come to think about it. But RM management ARE above the law aren't they. That's what they seem to think. What bugs me is that there are employment laws out there to protect worker, but we never seem to hear of anyone using them against RM's tyrannical management. The fact that they are backed by a government who have constantly lied and cheated their way through the last 10+ years, nothing comes as a surprise.

[andy2007]

You're right there. But it looks like this time, something will be done about it. Only time will tell.

[flaminmoses]

seems to me they are ignoring employment law in order to try and frce through industrial claims rather than VR's

[stokes11eg]

Anyone is of course free to take royal mail to court for breaking the law--it has been done in the past, and
Individual managers have received criminal records.May one ask why the union doesn't follow through on these issues?

[your_postie]

Anyone is of course free to take royal mail to court for breaking the law--it has been done in the past, and
Individual managers have received criminal records.May one ask why the union doesn't follow through on these issues?

Erh... maybe they have no balls?!?

[Big Daz]

Delivery Offices
Absorbing Hours & Covering for One Another

Aims

• To jointly identify/implement genuine opportunities to absorb outdoor and/or indoor workload where time exists within approved attendance times/normal paid work hours.
• To provide sensible options for the business to take advantage of opportunities to increase efficiency when workload declines, or there are absences.• To put in place regular and robust consultation/dialogue between managers and CWU representatives in respect of the resourcing arrangements.
• To ensure quality of service is not adversely affected by any new arrangements.
• To reduce the reliance on causal and agency staff wherever possible on an ongoing basis
• To give people the opportunity to cover for one another or swap duties providing there is no additional cost to the business, to reduce absence and assist with domestic situations etc.
• To provide the appropriate training so that employees are multi-skilled and able to work more flexibly.
• To create a working environment where employees, CWU reps and managers feel valued and motivated.
• To provide a better work life balance for employees.

Guiding Principles/Key Criteria

• Managers and CWU reps working together to ensure a successful introduction and operation of jointly identified opportunities/arrangements.
• Provision of suitable release for CWU reps to fully participate in the process including weekly resourcing meetings.
• Advance Identification of traffic levels, absence/leave and workload requirements.
• Provision of the best possible customer service.
• Adherence to all Health & Safety Standards/requirements including walk safe, legal requirements and national/local agreements.
• All staff involved on an equal and fair basis.
• Clearly displayed plans/comms so that all individuals are fully aware 2 weeks in advance of their duty details.
• Walk logs up to date and all appropriate equipment necessary to do the job provided, including personal protective equipment, and transport arrangements.
• Adherence to the Delivery Office Workplan.
• Individuals’ personal circumstances taken into account with a process to arbitrate where issues are raised regarding their ability to work flexibly.
• Staff fully trained, as required, in advance to ensure they are safe and competent to cover work.
• The continuing provision of reasonable local earnings levels.
• No changes to duty attendance times unless agreed locally.
• All leave commitments and family friendly arrangements to remain in place.

Methods/Process

1. Jointly review workload and duty structures within the Unit to maximise effective full-
time duties and provide equally efficient part-time duties.
2. Leave Reserves to be utilised in the most effective way within the Unit.
3. A+ up to date and regularly maintained.
4. Weekly Resourcing Meetings between the DOM and CWU to be a pre-scheduled mandatory requirement for all Offices. All forecast information regarding traffic volumes, parcels where applicable, D2D, levels of walksorted mail, vacancies, all known leave and workplan performance should be shared with the CWU in advance. The meeting should then:

• Discuss and agree staffing arrangements for at least 2 weeks in advance.
• Take the opportunity to effectively refine workload requirements and staffing arrangements for the following week where any previously unforeseen fluctuation in traffic or leave/absence has or is due to take place.
• Ensure robust contingency plans are in place to deal with any emergency or unexpected traffic fluctuation.
• Ensure all planned changes are communicated/displayed to all employees ASAP following the meeting.

Note: *If it is identified that there is a requirement for staff to work in another Unit the process agreed locally under P&M Phase 2 will be used.

5. Joint consultation on daily fluctuations of traffic/workload will also take place ASAP to discuss where opportunities can be identified to maintain or improve efficiency and/or protect quality of service.
6. The Units’ Skills Register will be reviewed/updated to enable the necessary training to be planned/provided so that employees are multi-skilled and able to be used more flexibly throughout the office.
7. Employees will be allowed to swap duties on a weekly or daily basis providing they give at least 24 hours notice, have the necessary skills and there is no cost to the business.
2. A Personal Cover Register will be established to facilitate individuals making their own arrangements if they wish to cover for each other. This cover could be for part of or the complete shift/daily attendance. Individuals will again be required to provide at least 24 hours notice in advance, confirm they have the skills necessary and that there will be no additional cost to the business (a template for the Personal Cover Register for use is attached at Annex C).
9. A chart will be displayed and updated weekly to illustrate forecast savings/bonus achieved against budget to date under the 50/50 Efficiency Scheme, for the life of the scheme.

[Geezer]

LTB 668/09 RML Delivery Office Duty & Working Practice Revisions (Absorption) Healht and Safety Representatives Involvement and Consultation
LTB 668/09 - RML Delivery Office Duty & Working Practice Revisions (Absorption)- Health and Safety Representatives Involvement and Consultation
To view this download, please click here
No. 668/09
Ref AS3
Date: 3 August 2009

To: 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

[bella]

Hi all

I know the answer to this one. If you refuse to lapse walks and just take your own walk out royalmail can refuse to pay you and your own duty is done on a voluntary basis. This is because a business can refuse to pay for a part contract or agreement. Your manager however cannot tell you to go home so you either lapse the walk or risk not being paid. If you go home cos your not being paid this is classed as unoffical strike action and you can get sacked if you don't get sacked then you come back on royalmails terms. s**t isn't it, your best bet is to work the hours your being paid. I am a postie and not a manager but I looked into the legal side of this as I too thought they couldn't refuse to pay you.

[BELIAL]

Hi all

I know the answer to this one. If you refuse to lapse walks and just take your own walk out royalmail can refuse to pay you and your own duty is done on a voluntary basis. This is because a business can refuse to pay for a part contract or agreement. Your manager however cannot tell you to go home so you either lapse the walk or risk not being paid. If you go home cos your not being paid this is classed as unoffical strike action and you can get sacked if you don't get sacked then you come back on royalmails terms. s**t isn't it, your best bet is to work the hours your being paid. I am a postie and not a manager but I looked into the legal side of this as I too thought they couldn't refuse to pay you.

Yep ,and if you don't say three hail Marys whilst liking the dom's end ,everyone in HR gets to give your granny one,thats the law: and if you step on the cracks a giant wasp will zoom up your arse and sting your kidneys ,that was in the 2007 agreement. how low can you go?

[shadow]

Hi all

I know the answer to this one. If you refuse to lapse walks and just take your own walk out royalmail can refuse to pay you and your own duty is done on a voluntary basis. This is because a business can refuse to pay for a part contract or agreement. Your manager however cannot tell you to go home so you either lapse the walk or risk not being paid. If you go home cos your not being paid this is classed as unoffical strike action and you can get sacked if you don't get sacked then you come back on royalmails terms. s**t isn't it, your best bet is to work the hours your being paid. I am a postie and not a manager but I looked into the legal side of this as I too thought they couldn't refuse to pay you.

Yep ,and if you don't say three hail Marys whilst liking the dom's end ,everyone in HR gets to give your granny one,thats the law: and if you step on the cracks a giant wasp will zoom up your arse and sting your kidneys ,that was in the 2007 agreement. how low can you go?

Your'e nuts, but funny.

[minx]

hi fellow slaves does this latest piece of rubbish apply to me a customer abuse sorry advice slave :mfo :mfo :mfo :mfo :mfo