Robocop wrote:
So when it is snowing how would a risk assessment work? Our LM will come round during bad weather and say something along the lines of "careful today out there we have a severe weather warning". Anyone with half a brain can see that the weather is bad, but it has to be done because of the compensation culture we now live in.
I hope your not being obtuse on purpose I was merely attempting to point out where responsibilities lie and its not just the worker that's responsible but the whole business from You and Me all the way up to Donald Brydon.
However to answer your particular points. Your Line Manager has done the right thing for Medium risk deliveries which if his has followed or has a copy of the severe weather policy he will be aware.
There are 2 types of risk assessment - one which should be done on every delivery noting down hazards such as dogs, low level letter boxes, areas that trucks and machinery are used, Hard Hat areas etc - The postie also has the responsibility of updating his manager daily of changes so that the "Risk Assessment" for that duty can be changed.
Ideally at the the time of the initial risk assessment environmental conditions will be taken into account. For instance flood risk areas (next to a river), steep hills, unmade roads, paths and stairs that might present a slip hazard in various types of weather conditions such as rain or snow.
Then there is another risk assessment which my DOM did when he suspended deliveries. He checked the local weather forecast, he assessed the risk of black ice on the way into work and yes he went outside to see what the immediate conditions were. He made a valid risk assessment and on the basis of the information outlined above he quite rightly suspended all deliveries.
Your last line
Robocop wrote:If I go up on my neck,which has happened a few times in the past,it's my fault not Royal Mail's.I don't see how a "risk assessment "would help me stay upright.
Correct if you fall its ultimately your fault and any compensation claim will recognise that an the award will reflect that. However, if your DOM did not have a policy in place (as at Stormproofs DO), or he failed to enact the Corporate Policy (again) and he failed to make a general immediate risk assessment then he has failed in his "responsibility of care" and broke the law.
This then leads to an immediate question: Should RM be allowed to ignore the H&S Laws, that demand risk assessments, and then not be held responsible for it in a court of law if and when an accident happens for which they have not taken reasonable steps to mitigate, or as in his case not had the required documents.
Of course the risk assessment would probably not have stopped either you or stormproof falling, but if RM had in this case followed the law then there would not be a case to answer as the onus would be 100% on Stormproof as long as they followed their own policies. In fact if they had policies in place and Stormproofs duty has been "Risk Assessed" as high risk in the prevailing conditions, then they may have suspended the duty for a day and the accident would not have occurred.
