Royal Mail "Outhouse" Operations - CWU Area Safety Representatives Statutory Right Of Access
CWU's National Health, Safety & Environment Officer Dave Joyce has issues LTB969/09 relating to the right of Union safety Reps to access all work areas and highlights a particular problem in Royal Mail:
Situations have recently arisen where Area Safety Representatives were initially prevented access to "Outhouse" units set up by Royal Mail in various parts of the country for Christmas Pressure operations and to decrease the backlog of mail built up by the current Industrial Action.
Complaints were recently made to the Health, Safety and Environment Department by two Area Safety Representatives and enquiries raised by two others regarding "Outhouse" safety consultation and access to carry out Safety Inspections.
This matter was subsequently raised with Royal Mail HQ and at the same time the HSE were put on notice of the problem.
Access by CWU Area Safety Representatives has now been granted by Royal Mail to the two sites concerned and a Safety Inspection took place last Friday at one location where the Inspection uncovered a number of potentially serious breaches of health and safety legal requirements.
Apart from vehicle loading and unloading safety shortcommings, the most serious non-compliance was in respect of the fact that it was found that no Risk Assessments for the site had been completed and no Safe Systems Of Work were available or in place. All of which should have been completed before the site was opened, followed by a review once the unit was in operation mode.
Additionally, despite Risk Assessments and Safe Systems of Work not existing on site, all staff working at the site had been required to ‘sign’ a form to the effect that they had received information and instruction in relation to on site safety and safe working methods relating to different tasks within the site and its operations.
Royal Mail locally have accepted the urgent need to rectify this situation and to communicate the safety information to staff. The Area Safety Representatives report has been sent to Royal Mail's National Safety Director and other Directors as well as to the HSE. The ASR will re-visit the site to carry out a re-inspection next Friday 6th November when the remedial action should have been taken.
Area Safety Representatives who have not already done so should make local enquiries to ascertain whether "Outhouse" units are to be established within their postcode constituency and then give notice to Management that you intend to carry out a Safety Inspection of the Workplace.
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 asked Royal Mail and Group Property to provide a full list of temporary or longer term Outhouse operations set up by Royal Mail in order that CWU Area Safety Representatives can be informed, consulted and carry out workplace Safety Inspections.
However, as these 'Outhouses' may be organised regionally, Area Safety Representatives should initiate their own enquiries with local management or the Regional Safety Director at the earliest opportunity.
You can download a complete copy of the Safety Representatives and Safety Committees Regulations 1977 from this website front page link here
Source: CWU
