National Hazards Campaign 2019 “Manifesto For a Health & Safety System Fit For Workers, Decent Jobs & Decent Lives”

The National Hazards Campaign has launched its 2019 “Manifesto For a Health & Safety’ System Fit For Workers, Decent Jobs & Decent Lives” in which it states that three factors could make UK workplaces safer and healthier at a stroke.

The three factors that could make UK workplaces safer and healthier at a stroke are:

• Strong H&S laws,
• Strict enforcement and
• Workplace safety pushed by strong, active trade unions.

According to the union-backed Hazards campaign, the UK health and safety system is ‘broken and needs fixing urgently.’ 

Work contributes to:

• A huge amount of public ill-health,
• Health inequality,
• Lower life expectancy,
• Fewer years of healthy life,
• The deaths of over 50,000 people in the UK each year,
• Makes millions ill,
• Injures over half a million and
• The quality of jobs contributes to poverty and ill-health.

The Hazards campaign concludes that all of this is preventable. The right framework of strong laws, strict enforcement and support for active worker and union participation will have massive payback for workers, employers and the whole economy.

The Hazards 2019 ‘Manifesto’ has three clear demands on the current and future governments.

The demands on government include a call for:

• The restoration of the notion of regulation and enforcement “as a social good”.
• The creation of “a health and safety system based on prevention, precaution and participation of strong active unions”.
• Real, enforceable employment and safety rights to ensure good health and safety through enforcement agencies working together.

To create a health and safety system fit for all workers at the heart of decent jobs and decent lives for all, the Hazards Campaign calls on government to: 

1. End Deregulation and restore regulation and enforcement as a social good
1.1 Reclaim regulation by collecting, collating and publicising evidence and make clear the extent of harm caused by work.
1.2 Disband all the ‘Better Regulation’ structures and bodies, repeal all legislation sustaining it and made under it and abandon derogatory rhetoric;

• End Business Impact Targets
• End Regulatory Impact Assessments
• End ‘one-in three-out’ approach to regulation
• End Growth Duty
• End Primary Authority Scheme
• End banning of proactive, preventative inspections
• End exemption of self-employed workers

2. Develop a health and safety system based on prevention, precaution and participation
2.1 Revamp the governance, organisation, purpose and funding of the HSE and Local Authorities

• Make Prevention, Precaution and Worker Participation the watchwords
• Appoint an explicit champion of worker health and lives to lead HSE
• Ensure HSE and LA are fully funded
• Reconstitute the HSE, made independent of political interference
• Reinstatement of effective tripartite consultative processes
• Restore enforcement as a major tool
• Implement Precautionary Principle for all workplace hazards
• Develop ‘Toxics Use Reduction’ measures to identify all hazardous substances
• Develop sex and gender sensitive risk assessments and research programmes
• Create a dynamic process for developing prevention resources and best practice, new standards, creative and innovative suggestions

2.2 Support and empower trade unions, safety reps and workers to take action to protect themselves at work

• Revision and extension of the SRSC Regulations 1977
• Establishment and recognition of roving or regional safety reps
• Establish ‘Shared Workplace’ safety committees
• A new right for safety reps to ‘Stop the job’
• An automatic right to reinstatement for safety representatives
• Establish the right to issue Provisional Improvement Notices
• Secure and sufficient funding for Trade Union Education for safety representatives

2.3 Just treatment for the victims of health and safety crime and ensuring fair treatment for all workers harmed by work

• Ensure a multidisciplinary, worker oriented, free NHS occupational health service
• Fair and just financial compensation for workers hurt or made ill by work
• Fair and just treatment for families of those killed by employers’ negligence
• Ensure all workers have equal rights to employment protection and health and safety protection from day one
• Set up US style whistleblower hot line and protection unit within HSE with its own penalties
• Repeal all anti-trade union legislation including Trade Union Act 2016

2.4 Changes to specific laws and full compliance with the highest international standards of health and safety

• Corporate Manslaughter and Corporate Homicide Act 2007 and Health and Safety at Work Act 1974 must be reviewed and amended to add positive Directors Duties
• Guarantee full ratification and compliance with all ILO Conventions on occupational health and safety
• Guarantee that post Brexit, no existing health and safety regulation, standards or laws on workers’ rights will be removed or reduced
• Ensure that all post-Brexit trade treaties will include the highest and enforceable standards
• Ban forced zero hours and other insecure contracts and implement a living wage of at least £10 hour
• Use public spending power to drive up health and safety standards
• A Just Transition policy and unit
• Ensure Employment Tribunal Fees are not reintroduced

3. Provide real, enforceable employment and safety rights to ensure good health and safety in low paid precarious work via enforcement agencies working together

• Revision and extension of the SRSC Regulations 1977
• Establishment and recognition of roving or regional safety reps
• Establish ‘Shared Workplace’ safety committees
• A new right for safety reps to ‘Stop the job’
• An automatic right to reinstatement for safety representatives
• Establish the right to issue Provisional Improvement Notices
• Secure  and sufficient funding for Trade Union Education for safety representatives

Poor health and safety costs society and the economy an estimated £60 billion a year as employers shift the cost of their profit-saving risks to workers, their families and the state. The current health and safety system based on laws, access to justice, enforcement and active participation of workers and their unions, has been broken by neoliberal ideology of deregulation and austerity cuts which led directly to the Grenfell fire, and the continuing unacceptable workplace toll of up to 140 people a day killed at and by work.  It has been debased by lying about its value to workers and the public, changing the regulatory environment to make workers’ lives and health explicitly subservient to business interests, slashing funding for its enforcement, commercialising, privatising and monetising it. To make work safer and healthier we need to reclaim health and safety regulation, reframe it as a basic human right, a social good – we love red tape because it is better than bloody bandages – end its ideological deregulation, restore effective enforcement and remove all restrictions on trade unions to organise, educate, agitate to protect workers lives and health as a huge body of evidence attests to their impact on making work both safer and healthier.  And it is also essential that the HSE/LA system is revamped as a powerful, independent occupational health and safety preventative system, linked with agencies that enforce employment laws with good health and safety conditions at its heart.

A copy of the Manifesto is attached and goes into detail on the above summary headings and bullet points. It is an excellent, detailed piece of work drawing together all the key issues and areas of concern that the TUC and Trade Unions including the CWU have Conference policy on and have campaigned on over the years under the TUC’s ‘Protecting Health and Safety’ campaign banner and more recently the TUC’s ‘Protecting Health and Safety after Brexit’ campaign. The Manifesto will both raise awareness and provide an important focus on the key areas of the health and safety agenda we must continue to fight to achieve and protect.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB079 National Hazards Campaign 2019 Manifesto

Hazards Campaign Manifesto 2019

REVISED BRANCH MODEL CONSTITUTION

Please find attached a revised copy of the CWU Branch Model Constituency (BMC).

The revised BMC was approved by the NEC at their meeting held 31^st January 2019 and replaces the previous BMC as published in LTB 664/16.

The primary reason for issuing the revised BMC is to incorporate the required changes necessary in respect of Retired Members entitlement to stand for and vote in certain Branch positions such as Branch Treasurer/Financial Secretary and Political Officer. Additionally the BMC has been amended to reflect the CWU policy that Branches should now elect a Retired Members Section Committee and shall ensure that a place on the Branch Committee is reserved for a representative of the Retired Members Section Committee.

At this point in time no other changes have been made to the previously issued BMC.

For ease of reference the changes to be made to the BMC are in red italics.

Branches will be aware that in accordance with the rules of the union that adoption of the BMC approved by the NEC is mandatory and branches should now take steps to amend their BMC at the earliest possible opportunity and to then forward an electronic version to the General Secretary’s Office gsoffice@cwu.org. .

Any enquiries on the above LTB should be addressed to gsoffice@cwu.org.

Yours sincerely

Dave Ward

General Secretary

19LTB078 – Revised Branch Model Constitution

Branch Model Constitution

GDPR

Further to LTB 529/18 issued on the 14th September 2018 advising Branches of the General Data Protection Regulations introduced on the 25th May 2018, CWU and RMG has since endorsed a Code of Practice around how both parties will move to a new process of data sharing that is unambiguous and not open to local interpretation, particularly where there is a potential for a breach of data. This Code of Practice can be found at Appendix A which will also be shared with all Royal Mail Managers.

Branches will be mindful of the changes contained in LTB 529/18 and the receiving of information from Royal Mail that is classified as confidential. In order to obtain certain levels of information described as ‘Confidential’, it will require the application of encryption to the email being sent by RMG using an encryption communication protocol called Transport Layer Security (TLS). Attached as Annex B is an easy to follow step-by-step guide on enabling TLS on your PC.

If the recipients mail can support TLS, the email will be released and travel through the encryption channel otherwise the email will default to ‘Strictly Confidential’ and be retained in a secure online cloud storage service e.g. iCloud. The recipient must then access a security portal called Mimecast in order to retrieve/respond to that email. This portal has been deployed by RMG to provide email risk management along with the ability to retain corporate data for a certain period and protect against data exfiltration and other advanced threats.

Going forward, CWU Representatives who need to receive data from RMG will be required to provide confirmation through a simple statement which is attached as Appendix C that allows Representatives to use their own device on accounts such as btinternet/hotmail/gmail etc. which also supports TLS. Signed statements should then be forwarded onto Laura Fleming who is based at;

Royal Mail
Fourth Floor
185 Farringdon Road
London EC1A 1AA.

Email: laura.fleming@royalmail.com

This process has been successfully deployed in RM Fleet and will now be utilised across RMG. For ease of access, all Divisional Representatives have been provided with a Royal Mail domain due to their requirement to attend Mail Centres and Delivery Offices where they can access a RMG terminal to log onto their account if necessary.

Under good practice, Branches should note that personal data should only be shared where we can demonstrate a legitimate interest which is not overridden by the individual’s rights and freedoms. Personal data should only be shared on a confidential basis only to the extent necessary and in line with other data protection considerations such as security. Once the personal data has been received, Branches must only share this data with others if it is strictly necessary and they are authorised to do so.

Branches should consider adopting a best practice approach as attached at Appendix C, to obtaining members’ consent for the purpose of representation e.g. when a member is invited to attend a meeting for the first time under the conduct procedure who subsequently seeks representation, a single statement of consent at the start of the procedure will provide the Branch with the ability to escalate the case between the various levels of representation (Unit Rep/Area/Divisional) without having to refresh this mandate at each level. Furthermore and in view of the potential for claims to be submitted by individuals for copies of all emails which displays their address, it is considered good practice to blind copy other individuals on email exchanges that are only limited to authorised people or if there is a need for information to be retained, this should be stored somewhere securely for an appropriate period of time.

To reiterate, GDPR is an important legal change and the CWU must show improved responsibility with members’ information. A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, altercation, unauthorised disclosure of, or access to, personal data that will carry sanctions, including potential fines of up to 4% of turnover.

It would be appreciated if Branches could forward any issues relating to the application of GDPR within their locality to Alan Tate, Postal Executive (atate@cwu.org) who is leading on this issue on behalf of the DGS(P) Department.

Any enquiries in relation to this LTB should be addressed to the DGS(P) Department quoting reference 10020.

Yours sincerely,

Terry Pullinger
Deputy General Secretary (Postal)

19LTB077 – GDPR

Appendix A

Appendix B

Appendix C

Appendix D

Royal Mail Engineering – Urgent Safety Brief – Parcel Sorting Machine Isolation Standards:

This is a reminder to Royal Mail Engineering CWU Reps and members to read the attached brief in detail very carefully and ensure they are fully familiarised with the ‘Mandatory’ Safe Working Procedure.

In November there was a serious ‘Near Miss’ on a Parcel Sorting Machine which was caused by Engineers (Technicians) not following the correct isolation procedure detailed on the Standard Maintenance Procedure (SMP).

Before starting any procedure on any machine please ‘Stop & Think’, ask “Do I understand the isolation produce for this task and do I have the equipment I need to perform this task safely?”

Any issues that come to light should be raised immediately and under no circumstances should any short cuts or chances be taken when completing work on machines. All Engineering staff must work safely all the time – every time.

REMEMBER:

• Due to a recent recorded near miss on a Parcel Sorting Machine (PSM), Engineers performing maintenance routines and corrective actions are reminded that they must ensure they use the correct Level of Isolation prescribed in the Standard Maintenance Procedures (SMPs).
• Where multiple SMPs are being carried out at the same time the highest level of Isolation for those SMP’s must be employed.
• Failure to comply with meeting the required Isolation Levels Standards could result in an accident and injuries sustained, a breach of the Health & Safety at Work Act could be committed and management may consider subjecting offenders to Royal Mail’s Conduct Code due to the serious nature of a blatant disregard of the Safe System of Work and the Law. The CWU does not want members putting themselves in that position!
  

Attachment:
RM Engineering Safety Brief No 0001

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB075 Royal Mail Engineering – Urgent Safety Brief – Parcel Sorting Machine Isolation Standards

Methods_of_Isolation

Cartwright (95 York) Double Deck Trailers (DDTs) with Aerodynamic Wind Deflectors: – 130 Withdrawn Trailers – Modification and Return to Service

LTB 072/2019 dated 31 January 2019 explained that following two incidents of wind deflectors becoming detached from Cartwright (95 York Container) Double Deck Trailers whilst in use, safety concerns were raised with Royal Mail Logistics and Fleet which prompted an urgent investigation followed by discussions between RM Fleet Engineering Managers and the CWU/HQ Health Safety & Environment Department along with the manufacturer. Royal Mail took prompt action by withdrawing 130 trailers for immediate attention and Cartwright the manufacturer has swiftly engineered a modification to overcome the problem and Cartwright engineers are travelling around the country presently, undertaking the re-work modification and returning trailers to service. See attached diagrams.

Please see attached part of the modification that will identify a trailer is OK to use.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB074 Cartwright (95 York) Double Deck Trailers (DDTs) – Modification and Return to Service

Doc1

Cartwright (95 York) Double Deck Trailers (DDTs) with Aerodynamic Wind Deflectors: – 130 Trailers Withdrawn From Service As A Safety Precaution:

Following two incidents of wind deflectors becoming detached from Cartwright (95 York Container) Double Deck Trailers whilst in use, safety concerns were raised with Royal Mail Logistics and Fleet which prompted an urgent investigation followed by discussions between RM Fleet Engineering Managers and the CWU/HQ Health Safety & Environment Department. Royal Mail has taken prompt action by withdrawing 130 Trailers for immediate attention and we commend their prompt attention to the matter‎.

As a consequence of a suspected manufacturing defect on a range of Cartwright Double Deck Trailers (DDTs) and as a precaution until this can be investigated further, a number of trailers are being isolated and parked off (130 in total withdrawn from service).

The trailers involved are easily identified – see the photo attached. All of the trailers are double deck trailers fitted with an aerodynamic body kit on the front of the trailer and the relevant trailer serial numbers are 8316052 to 8316181 inclusive.

The wind deflectors are in 2 pieces and the issue is with the lower white coloured deflector and so as a precaution this deflector is being removed from the trailers. The upper or top deflector painted red is unaffected and will remain in place.

A solution to repair and replace these deflectors on the trailers will be deployed when the appropriate rework has been tested and agreed.  However in order to avoid unnecessary delay in returning trailers to service the current temporary, interim solution is to remove the deflector as a safety precaution.

Further updates will be reported in due course.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB072 Cartwright (95 York) Double Deck Trailers (DDTs) with Aerodynamic Wind Deflectors

Double Deck Trailer with aerodynamic deflectors

Adverse Weather 

 Colleagues will recall that following the disruption caused by the adverse weather system “the Beast from the East” in early 2018, Conference adopted Emergency Motion 2 at Annual Conference, the terms of which are reproduced below for ease of reference.

 This Conference notes with concern the severe weather front known as ‘the beast from the east’ that occurred within the UK between 24 February and 4 March, and its effects on CWU members whilst travelling to and from work, and also on their health and safety whilst at work.

 Conference also notes with concern the various contradictory versions of Royal Mail Group’s policies on severe weather, together with their inconsistent application by the employer, that resulted in members being asked to make lost time good; take annual leave; or lose pay altogether during this period.

Conference further notes the inconsistency between CWU policy and Royal Mail policy on this issue, and therefore instructs the PEC to seek agreement with Royal Mail Group on a jointly agreed severe weather policy and guidelines.

 Any agreement shall include reference and guidance on the following issues prior to any potential loss of pay/making time good/taking annual leave:-

•  Any relevant red/amber/yellow weather warnings in place at the time, and their geography
• Decision making levels on attendance to and from work, and also the outdoor area in which each individual works
• The underlying principle that each case is taken on its own merits
• This agreement would also cover the recent issues with Royal Mail which has seen members being penalised

 This list is not exhaustive.

 Since Conference the Postal Executive have continued to pursue the terms of the Motion and to this end Bobby Weatherall, Postal Executive member has been leading on this on behalf of the DGS(P) Department.

The initial activity undertaken was to carry out a review in Scotland and Northern Ireland in order to identify where inconsistencies in the application of Royal Mail’s Adverse Weather Policy had been encountered by our members.  The joint review with the business involved holding meetings with workplace Representatives in affected locations as well as a jointly agreed CWU/RM questionnaire being distributed to Representatives and units who were affected by the severe weather encountered last year.

The information derived from the joint review exercise was reported to the Postal Executive.  The report also contained 7 jointly agreed recommendations that are listed below which will now be used to address where the application (or misapplication) of Royal Mail’s Adverse Weather Policy has been identified:

1. Should the occasion of this type of extreme weather occur again, Royal Mail, as a matter of priority, should issue guidance on how to apply the adverse             weather policy to all managers so that it is applied consistently. This      should           also include advice on, or reissue of, the Other Time Off policy.

2. If employees are unable to attend for reasons relating to school closures/care issues it is important that managers consider the employee’s circumstances     in line with the Other Time Off policy.

3. Ensure that no pay is deducted without the employee’s consent, preferably in writing.

4. For anyone who is not able to attend the workplace, a one to one conversation should be held on their return to explain the policy and agree       the appropriate solution dependent on the circumstances of the non-    attendance in line with the Adverse Weather Policy. The employee should be     entitled to accompaniment by a union rep if they wish at the one to ones.

5. Due to the specific information received about Edinburgh Mail Centre and their application of the policy, it is recommended that a review is undertaken        by the local People Business Partner to ensure that any misapplication is corrected.

6. If anyone believes that either the Adverse Weather Policy or Other Time Off policy has not been followed appropriately for their personal circumstances,    the normal process should be followed, i.e. they should raise their concern             informally with their line manager and if not satisfied with the response,        should follow the formal grievance policy.

7. Royal Mail and CWU should review the Adverse Weather Policy against the Government/Met Office/Police’s use of weather warnings (and in particular    ‘Red   Weather Warnings’), to ensure that it contains sufficient advice for            managers on how to manage the operation when the warnings are issued,       using the SHE team for advice.

Bobby has now written to the business to ensure the recommendations are acted upon and is currently seeking meeting dates to move this forward.  Once this process has been deployed and applied in the Scotland/Northern Ireland Division, it will then be extended to other parts of the UK who were affected by the severe weather encountered in early 2018.  Further updates on this aspect will be provided to the Committee in due course.

It would be remiss of the Department not to place on record on behalf of the Postal Executive our thanks for the assistance and support provided to Bobby by the Divisional Representatives, Branches and CWU Representatives from the Scotland and Northern Ireland Division.

As part of the continuing activity in relation to adverse weather situations, the Postal Executive remain convinced that the best way forward is for there to be a joint agreement or statement in place, particularly in light of the pattern of extreme weather that has affected various parts of the UK over the past 12 months.  As well as the “Beast from the East”, we have encountered extreme heatwaves, near hurricane force winds, severe rainfall and flooding, all of which bring with them not only physical dangers to postal workers but also present members and their families with their own challenges.  Whether the spate of extreme weather in 2018 is a result of climate change or other atmospheric activity, the fact is these situations are on the increase and look likely to continue.

To this end the Union has exchanged correspondence with the business in an attempt to reach a joint agreement or statement that can help members, Representatives and local managers address the impact of adverse weather conditions in a more collaborative manner based on the facts of the situation within their locality.

Royal Mail’s initial response has unfortunately been somewhat negative stating that as their policy has been worked up with the CWU’s Health and Safety Department a joint statement is therefore not required.  Irrespective of this, it is the Union’s intention to continue to pursue an agreed position on adverse weather as the Postal Executive believe it is good business practice to have an agreement in place (rather than just a unilateral policy) which reflects the spirit and intent of the Four Pillars Agreement especially Section 4 “Royal Mail Group’s Commitment to its People”.

In the intervening period, while we continue with the activity in Scotland and Northern Ireland to pursue an agreed position with the company, the business will apply their current policy (copy attached), likewise the CWU will endure to ensure our members are fairly treated when this is applied and where necessary utilise the full terms of the IR Framework Agreement to make sure this is the case.

The business are fully aware of the Union’s position and have confirmed they have reissued the current Adverse Weather Policy to all Operational Managers so they can familiarise themselves with its content and process.  We do however want to assure colleagues that we are continuing to pursue a new and fully representative policy to cover all severe weather events our members may encounter including when ‘Red Alert’ warnings and advice are issued by the relevant authorities.

Further updates will be provided to Branches in due course.

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.

Yours sincerely,

Terry Pullinger
Deputy General Secretary (Postal)

19LTB07119LTB071 Attachment 1 – Adverse Weather

Panel Session – CWU Women’s and LGBT Conferences 2019

Last week at the CWU Black Workers and Disability Conferences we held two very successful panel sessions, which allowed questions to be put to a panel including the General Secretary, the National Officer, NEC members and Advisory Committee members on Redesign and the Future of Equality in the CWU. As well as questions from the delegates present, the panel also encouraged Branches to submit questions in writing before the conferences.

We will be repeating the panel sessions at the Women’s and LGBT Conferences to be held in Liverpool next week. Should you have any questions for the panel please email them to the following email address fhussein@cwu.org or if you are in attendance please feel free to raise your question on the day.

We will also be taking the opportunity to explain in more detail how the new equality structures will work and how Regions will be responsible for setting up new Women’s, LGBT, BAME and Disability networks that are closer to Branches and workplaces, with the aim of maximising engagement on our Equality Agenda.

Any enquires on the above LTB should be addressed to Trish Lavelle tlavelle@cwu.org.

Yours sincerely

Trish Lavelle                                                                            Dave Ward

Assistant Secretary                                                              General Secretary

19LTB068