Busy morning, making up recruitment packs, to help the Eastern 5 Branch Reps recruit new members.


Busy morning, making up recruitment packs, to help the Eastern 5 Branch Reps recruit new members.


FRANK BOLGER – CWU AREA PROCESSING REP
It is with deep sadness that I write to advise you that Frank Bolger Area Processing Rep from the Nottingham and District Amal Branch, passed away last Sunday following a sudden illness.
Frank was an ex-miner who joined Royal Mail in 1989 and held various positions within the Branch before being elected Area Processing Rep in 2009. This was a position he held unopposed until his untimely death last weekend.
Frank was totally committed to representing our members and the CWU and as Branches may have seen from the lovely tributes already posted on Facebook, he was so well regarded by the members in Nottingham Mail Centre and Representatives across the union.
I know I speak on behalf of everybody who knew Frank; in saying, he was a thoroughly decent man and a great trade unionist who will be sorely missed.
We offer our sincere condolences to all his family, friends and colleagues.
Details of Frank’s funeral will be circulated in due course.
Any enquiries on the above LTB should be addressed to the General Secretary at jdunn@cwu.org.
Yours sincerely
Dave Ward
General Secretary
YOUNG WORKERS CONFERENCE 27 JANUARY 2022
Branches will be aware that LTB 515/21, dated 29 November 2021 advised of the arrangements for the 2022 Young Workers Conference and that the Conference would be taking place in Birmingham on 27 January 2022.
In view of the current Covid 19 circumstances the NEC (Emergency Committee) believe that it is appropriate to review the decision to hold a physical face to face Conference as a result of the recent developments particularly around the new Omicron variant of the Covid19 virus that have occurred subsequent to this decision being made.
As it stands rates of Covid infection are rising exponentially and according to Government and SAGE Scientists will continue to do so into the New Year. At the time of publishing this LTB there are various rumours circulating about whether or not the country will face more severe restrictions (described by some as Plan C or further lockdowns) before or after Christmas.
This is a difficult situation for the CWU to manage both as an employer and especially in this case where we have planned for a national event where CWU representatives would be required to travel from all parts of the UK.
In respect of our employees, we have a duty of care to those employees who would be expected to travel and attend the Young Workers Conference. We are responsible for their health and safety during this pandemic and we have to exercise our responsibilities here in good faith.
Additionally, it is also not possible to simply defer the YW Conference until a date later in the year where we may have a clearer picture in respect of the ongoing impact of Covid 19 due to the issue of a fixed deadline that cannot be changed for the submission of motions from the Young Workers conference to the General Conference. The closing date for motions to General Conference is at midnight on Sunday the 30th January 2022.
Subsequently after consideration the NEC (Emergency Committee) have now agreed that the 2022 Young Workers Conference will now be held on 28 January 2022and that it will be an Online Virtual Conference.
Following the above decision discussion will take place with the Chair and Vice-Chair of the SOC and the Chair and Secretary of the Young Workers Committee regarding the impact of moving from a physical to a Virtual Conference.
There will not be a need to alter or change any of the arrangements (previously published in LTB 535/21 dated 7 December 2021) in relation to the arrangements and deadlines for the submission of motions etc therefore branches should continue to follow the information as set out in the LTB.
Further information will be published in due course regarding the registration of delegates to the online Virtual Conference.
Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary’s Department on telephone number 020 8971 7237, or email address sdgs@cwu.org.
Yours sincerely,
Tony Kearns
Senior Deputy General Secretary
HSE Publishes Annual Work-Related Injuries, Ill-health and Enforcement Statistics for 2020/21
The Health and Safety Executive (HSE) has published statistics that cover work-related ill health, non-fatal workplace injuries and enforcement action taken by HSE, in the 2020/21 period.
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. Their role is to prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses and enforcement action through Fee For Intervention Charges, Improvement Notices, Prohibition Notices and prosecution through the courts. These activities are supported by globally recognised scientific expertise. (HSE Website http://www.hse.gov.uk).
Key Facts from the report:
Work-related ill health
Work-related stress, depression or anxiety
It’s significant that the number of cases of work-related ill health continues to climb and has risen higher yet again this past year.
Work-related musculoskeletal disorders
Occupational lung disease
Workplace injury
Coronavirus pandemic
These two new estimates have been developed and added to the Report this year to measure the impact of the coronavirus (COVID-19) pandemic at work.
HSE Launch Statement
In their statement launching the 2020/21 Statistics Report the HSE’s Chief Executive, Sarah Albon, commented that thee pandemic has affected certain data collection and impacted on assessment of trends, therefore there is no new data on working days lost and the associated economic cost for 2021. It’s not known whether some of the people reporting a coronavirus-related ill health condition would have developed and reported an ill health condition if pre-pandemic working practices had continued. It is therefore not possible to assess the scale of work-related ill health independent of the effects of the coronavirus pandemic.
These annual statistics are important to give a clear picture of the health and safety risks faced by workers in the Great Britain and help to inform the measures HSE, employers, policy-makers and workers themselves need to take to ensure everyone can go home from work safe and well.
The 12-month period in question coincides with the first national lockdown and the unprecedented challenges of the pandemic. There have been significant impacts on the labour market, which is reflected in our reporting.
HSE have worked differently too in responding to the challenges posed by the pandemic, advising across Government, helping to shape guidance for businesses and implementing the Covid Spot Check programme to ensure workplaces were kept as safe as possible through inspection spot checks.
Of the 1.7 million workers who suffered from a work-related illness (new or long standing) in 2020/21, 800,000 were stress, depression or anxiety, and 28% were musculoskeletal disorders (500,000 workers).
The latest figures on work-related stress reinforce HSE’s previous concerns around the scale of this issue in workplaces. Last month HSE announced the launch of their new Working Minds Campaign, in partnership with a number of key organisations, to help employers make recognising the signs of work-related stress a routine process.
HSE add that they continue to act as a proportionate and enabling regulator taking the most appropriate actions to achieve the best and quickest result. However, where employers fall short of expected standards, HSE will not hesitate to hold those responsible to account and prosecute.
Because of the discontinuity presented by furlough and other impacts on data collection, no statistics on working days lost and the associated economic costs are included in this year’s statistics.
Enforcement
A total of 185 health and safety cases were prosecuted in 2020/21 by HSE which resulted in a conviction, down from 325 the previous year. This could be attributed to disruption in the court system during the pandemic period. The amount taken in fines fell to £26.9 million in 2020/21, although the average fine per case issued was higher compared to 2019/20. Due to COVID-19 the number of enforcement notices issued by Local Authorities is not available for 2020/21. However, HSE issued 2,929 enforcement notices in 2020/21, a decrease of 58% from the previous year.
The number of prosecutions is at an historical low – almost half as many as last year, and a 91% reduction in the last twenty years. There have been fewer than half as many enforcement notices served this past year compared to the previous year.
Attachment
Copy of the HSE Annual Work-Related Injuries, Ill-health and Enforcement Statistics Report for 2020/21.
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer
Royal Mail Group (SHE) Safety Flash FY21 020 – Safe Operation of Dock Levellers on Loading Banks – Serious Fractured Foot Accident:
Overview:
An MGV driver suffered a serious fractured bone in his foot after stepping on an uneven surface on a dock leveller.
Description, Issue and Impact/Effect:
An MGV driver was operating a dock leveller at a mail centre. The dock leveller extends and drops into the back of the vehicle. The driver was operating the controls to the dock leveller and his left foot was overhanging the leveller plate, as the leveller dropped into the vehicle the weight from his overhanging foot gave way and he rolled his ankle breaking a bone in his foot.
Operating dock levellers should only be operated whilst in a position of safety ensuring that feet and all equipment is kept clear of moving dock levellers whilst being operated. The result of this accident was a painful fractured foot bone.
Learning Points
Key Management Activities and Messages to Drivers and Staff Working On Loading Docks:
Area Health and Safety Reps
Would all CWU Area Health and Safety Reps please note and communicate the content of the Safety Flash, supporting the key messages and learning points, reminding members of the importance of looking after their own safety as well as the safety of work colleagues when operating dock levellers. Carry out spot safety inspections and report any non-compliance or other issues.
Attachment:
RMG SHE Safety Flash FY21 020 – Safe Operation of Dock Levellers on Loading Banks
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer
OPENREACH Ltd. – Personal Travel Time (PTT)
Branches will be aware that the CWU has been campaigning for some time to have the requirement, for those to whom it applies, to give up to 60 minutes of their time at each end of the working day. As a result of all that activity, we have now received correspondence from the company confirming that this requirement will be removed across Openreach from 3 February 2022. This is to allow the appropriate briefings, system changes, etc. to take place. It is also confirmed that this will apply to all new recruits going forward. The letter from the company is attached for information, as is the Briefing to members and company comms.
This has only been achieved as a result of the fantastic response from members and Branches during the campaign. The members in particular have continued to put pressure on both the company and the CWU at all levels for this issue to be resolved; that pressure has paid off and shows what can be achieved when we act as one. The intervention of Andy Kerr (DGST) has also greatly assisted the National Team resolve this issue once and for all.
From a practical perspective, it means the following. The company will lift the specific requirement which stipulated that any individual could be expected to have a personal travel time of up to 60 minutes plus 15 minutes’ log on/off at start and end of day.
Individuals will continue to have a PWA based in line with the Parking at Home policy, and will have a nominated location that assigns a commute time for them on Taskforce. They will be expected to operate within this PWA commute time on a daily basis.
The critical change is that where individuals are required to travel beyond their commute time, unpaid personal travel time will not kick in and travel outside of the person’s commute time will now be in paid time. The 15 minutes’ log on/off time at each end of the day will continue in line with the overarching Working and Parking from Home policy. In practice this will mean that the maximum travel an individual will complete will be the time that has been established as part of their annual Parking at Home review, this time will be the same at either end of the day. Any travel outside of this will be paid time. Branches should ensure that these reviews are only carried out annually and inform the National Team should the company differ from this approach.
This means that the inequality that existed across the field workforce with regard to personal travel time will be removed across all business units in Openreach.
The National Team would like to place on record their thanks to members, Branches and Regional Co-ordinators for their input to what has been a long and difficult campaign to resolve this issue, and shows that anything is possible if we work as one and we look forward to that solidarity continuing as we face the inevitable challenges that the months and years ahead will bring.
Any enquiries from Branches regarding this LTB should be referred to my office in the first instance.
Yours sincerely,
Dave Bowman
Assistant Secretary
Postal Conference 2022 – Submission of Motions
Please find attached motion forms for Postal Conference 2022. The purpose of this Letter to Branches is to remind those Branches/Co-ordinating Committees who do not have access to an email facility that they must contact head office direct to request hard copies of the forms to be despatched to them. They should contact Angela Niven on 020 8971 7256.
We also take this opportunity to attach to this Letter to Branches the Motion Guide for submitting Motions to Postal Conference 2020.
Branches/Co-ordinating Committees are also reminded that the closing date for the submission of motions to Postal Conference is by midnight onSunday 20th February 2022, either by post to Angela Niven, CWU 150 the Broadway, Wimbledon London SW19 1RX or by email to postalmotions@cwu.org No motions will be accepted that go to any other e-mail address as the conference guide to motions refers.
Any queries regarding this Letter to Branches should be addressed to Angela Niven at Head Office or on 020 8971 7256.
Yours sincerely,
A P Kearns
Senior Deputy General Secretary
Royal Mail Group – Latest Updated Coronavirus/Covid-19 – Frequently Asked Questions and Answers Guidance Document (Version 14)
I attach for your information a copy of the Royal Mail Group, Managers’ Coronavirus/Covid-19 Frequently Asked Questions and Answers Guidance document, Version 14, issued by the business on 16 December 2021.
At the commencement of the Coronavirus/Covid-19 outbreak, Royal Mail Group established a ‘Business Pandemic Team’ which includes all national heads of department and this team meets regularly to review the situation across Royal Mail Group and to issue update Questions and Answers information communications to all managers, which is in turn cascaded throughout the business.
The Q&A documents are circulated to all RMG managers and are also available to access through a link on the Royal Mail Group ‘Intranet’, in the ‘Managers Update Messages’ section on the RMG Coronavirus portal.
The Coronavirus Guidance, Version 14 Q&A document has been shared with the Union’s Health, Safety & Environment Department. It is not a document agreed with the Union but is circulated for useful information and reference purposes for CWU Regions, Health and Safety Reps, Branch Reps, Divisional IR Reps and members.
Changes made since the previous version have been highlighted in yellow. However, for ease of reference and to update and remind Branches and Reps of the important changes made in the latest version (copy attached), the changes are listed below:
Version 14 Changes:
Version 14 Contents List:
Any enquiries regarding this LTB or feedback on the RMG Q&A document should be directed to Dave Joyce CWU National Health, Safety & Environment Officer. Issues received in connection with the attached which are appropriate to other CWU/HQ Departments will be passed on the appropriate National Officer.
Attachment:
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer
HSE – Proposed Changes To The Personal Protective Equipment At Work 1992 Regulations (PPER)
In November 2020, a court judgment found that the UK had failed to adequately transpose aspects of two EU Directives into UK domestic law – Article 8(4) and 8(5) of EU Directive 89/391/EEC (“the Health and Safety Framework Directive”) and Article 3 of EU Directive 89/656/EEC (“the PPE Directive”). The UK implementation of these provisions only applied to employees and the court found that the UK’s implementation should extend to limb (b) workers. The Government transposed the PPE Directive through the Personal Protective Equipment at Work Regulations 1992.
The PPE Regulations place a duty on every employer in Great Britain to ensure that suitable personal protective equipment (PPE) is provided to employees who may be exposed to a risk to their health or safety while at work. Currently, employers only have a duty to their ‘employees’ in respect to PPE – changes to the legislation will ensure this duty also extends to ‘limb (b) workers’. Amendments to the PPER will ensure the legislation reflects the court judgment and will apply in England, Scotland and Wales.
PPE is defined in the regulations as “all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects the person against one or more risks to that person’s health or safety, and any addition or accessory designed to meet that objective.”
What is a limb (b) worker?
There are two main employment statuses for employment rights: ‘employee’ and ‘worker’. Employees are defined as limb (a) and workers are defined as limb (b) in the Employment Rights Act 1996.
An individual who has entered into or works under– (a) a contract of employment; or (b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer or any profession or business undertaking carried on by the individual.
Generally, limb (b) workers:
Example of a limb (b) worker
‘Penny’ works casual or irregular hours for ‘Acme Drivers’ as a private hire driver. When Acme Drivers contact Penny about a job, she can refuse to do it if she wants. Generally, she is the only person who can complete the work if she does decide to do it (i.e., she can’t get someone else to drive a customer for her and still get paid herself). The customers pay Acme Drivers, not Penny, for the service. Penny gets the minimum wage and holiday pay (but not other employment rights) from Acme Drivers. Based on this description, Penny is a limb (b) worker, as she is not working for herself (i.e., self-employed), but she is also not an Acme Drivers employee as the work is irregular and she can refuse to do it.
Publication of Consultation Response on amendments to the Personal Protective Equipment at Work Regulations 1992 (“the PPER 1992”)
Following the consultation, changes are being made to the PPER 1992 to align with a court judgment which decided that the Government had failed to adequately transpose Article 8(4) and 8(5) of EU Directive 89/391/EEC (“the Framework Directive”) and Article 3 of EU Directive 89/656/EEC of 30 November 1989 (“the Personal Protective Equipment Directive”) into UK law.
The UK implemented the PPE Directive through the Personal Protective Equipment at Work Regulations 1992 (“PPER 1992”) which places duties on employers and employees in regard to PPE.
The duties under the PPER 1992 apply whilst the employee is at work. The employer’s duties include the assessment and provision of PPE (where it is found necessary during a risk assessment), ensuring PPE is suitable for use, the maintenance and replacement of PPE, and other duties around the information, instruction, training, and use of PPE. The employee’s duties under the PPER 1992 are to report loss and defects in the PPE which they are provided, use the PPE in accordance with the training and instruction provided, and to ensure PPE is returned to the accommodation provided by the employer.
The High Court found that the PPE Directive required these duties to be extended to limb (b) workers. Therefore, HSE is making amendments to the PPER in order to align with the court’s judgment.
During the summer of 2021, HSE hosted a formal public consultation on the HSE Consultation Hub on the proposed amendments to the PPER 1992, inviting stakeholders to participate. The HSE has now published its consultation outcome (copy attached).
What next?
HSE currently plan to introduce the amending regulations in early 2022 and expect the regulations to come into force on 6 April 2022. HSE will also publish updated guidance to support businesses that are impacted by the changes and ensure workers are aware of their extended rights in respect of PPE in the workplace.
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer
HSE-Amendments to the Personal Protective Equipment at Work Regs Consult…
Covid-19 Guide On Ventilation And CO2 Monitoring To Help Combat Airborne Covid-19 Transmissions:
The main way in which people are infected with the Covid-19 virus is through inhalation of air carrying very small fine droplets and aerosol particles that contain infectious virus. Risk of transmission is greatest within indoor, stuffy, poorly ventilated, crowded rooms, spending long periods near an infected person where the concentration of these very fine droplets and particles is greatest and the air is not being changed.
People release very fine respiratory fluid droplets and aerosol particles during exhalation. The smallest of these fine droplets are small enough to remain suspended in the air for minutes to hours if ventilation is not changing the air and can carry virus and transmit infection if inhaled by another person.
There is robust evidence supporting the significance of airborne aerosols in the transmission of the Covid-19 virus. Implementing effective ventilation systems reduces airborne transmission of Covid-19 aerosols.
Employers must adopt strategies to ensure sufficient ventilation rates and to avoid simple recirculation of air in workplaces.
Carbon dioxide (CO2) sensors can be used as indicators of the build-up of exhaled air and serve as a simple way to monitor and optimize ventilation. Most CO2 monitors are the Non-dispersive Infrared (NDIR) type, and these are the ones that should be used. The aim is to measure CO2 levels from human breath, so testing should be done when the space has its normal users in it, doing their normal activities, and not when areas are empty or underpopulated.
The British Occupational Hygiene Society (BOHS) has published very simple guidance on CO2 monitors (copy attached).
Assuring a minimum ventilation rate of 4 to 6 air changes per hour (ACH) and maintaining carbon dioxide levels below 700 to 800 ppm is advised, although the ventilation type and airflow direction and pattern should also be taken into account. The World Health Organisation also recommends ventilation rates of 8-12 litres per second per person (l/s/p). The World Health Organisation has set out a “Roadmap to improve and ensure good indoor ventilation in the context of Covid-19” and this is available at the following link: https://www.who.int/publications/i/item/9789240021280
HSE Advice
The UK Government has provided guidance available at: https://www.gov.uk/guidance/working-safely-during-covid-19/offices-factories-and-labs#offices-3-1 on ventilation and the use of CO2 monitors, pointing to HSE advice (copy attached). This includes: ‘Identifying poorly ventilated areas and using CO2 monitors’.
Risk Assessment
The priority is risk assessments to identify areas of the workplace that are usually occupied and poorly ventilated, prioritising these areas for improvement to reduce the risk of aerosol virus transmission.
There are some simple ways to identify poorly ventilated areas:
Ventilation and Aerosols
Use of Air Cleaning and Filtration Units
Action for Reps
Below are some standards that Safety Reps will find useful when discussing this matter with management. Seek to agree these standards for ventilation rates:
– A minimum ventilation rate of 4 to 6 air changes per hour, or
– Maintaining CO2 levels below 700 to 800 ppm, or
– Ventilation rates of 8-12 litres per second per person (l/s/p).
(Note: The Health, Safety & Environment Department has raised the issue of providing CO2 monitors and improved ventilation and space standards in the RMG and POL Buildings Estates.)
Further Information:
World Health Organisation“Roadmap to improve and ensure good indoor ventilation in the context of Covid-19” March 2021 https://www.who.int/publications/i/item/9789240021280
UK government guidance
HSE guidance
CIBSE (Chartered Institution of Building Services Engineers)
BESA (Building Engineers Services Association) and REHVA (Federation of European Heating Ventilation and Air Conditioning)
BOHS (British Occupational Hygiene Society)
https://www.bohs.org/app/uploads/2021/09/CO2-Monitoring-and-Covid-19-Some-Basics.pdf
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer
BOHS-CO2-Monitoring-and-Covid-19-Some-Basics