DFS fined £1m Following Worker’s Neck and Head Injuries – Warning to All Large National Employers Such as Royal Mail, BT, Capita, POL etc on Health & Safety: 
To: All Branches 
Dear Colleagues, 
DFS Trading Limited has been fined £1 million plus costs of £15,099 after safety failings led to serious neck and head injuries of a worker. 
Derby Magistrates’ Court heard that on 02 July 2015 the worker was unloading wooden furniture frames at one of their upholstery sites, when a worker was struck by an unsecured furniture arm which fell from an unstable load. The impact knocked the worker unconscious and he suffered serious neck and head injuries. 
A Health and Safety Executive (HSE) investigation identified fundamental and systemic failings in the company’s health and safety management systems which is far from what would be expected from a company of their size. The investigation found that DFS failed to adequately manage the risks of heavy loads being moved between manufacturing sites. The court heard the company also failed to supervise the work taking place with a number of near misses being reported from unsecured loads. 
DFS Trading Limited of Rockingham Way, Redhouse Interchange, Adwick Le Street, Doncaster pleaded guilty to breaching sections 3 of the Managing Health and Safety at Work Regulation and also section 2 (1) of the Health and Safety at Work Act 1974 and have been fined £1million and ordered to pay costs of £15,099. 
The HSE stated after the case that DFS is a large national organisation and the fundamental and systemic failings identified in their health and safety management systems is far from what would be expected from a company of their size who has the ability to deliver higher standards of safety. Unfortunately DFS were unable to do that on this occasion and a preventable accident was allowed to occur. 
In a statement DFS said: “The health and safety of our employees is extremely important to us. The employee who was injured, in June 2015, is a valued member of our team; we deeply regret the accident he suffered and we’re very glad that he is back at work in his previous role. This case has highlighted some areas where, on occasion, our procedures were not as strong as they should have been. Over the last eighteen months we’ve invested heavily in health and safety including reviewing our health and safety procedures and retraining all our employees. Our skilled craftspeople are critical to our success and we’re committed to ensuring their health and safety at work.” 
Footnote – New Health and Safety Sentences:
The significance of this case is the clear warning to all large employers such as Royal Mail and BT. New Sentencing Council Guidelines to the Courts came into force in 2016 for Health and Safety Offences, described as the most dramatic change to health and safety legislation since the introduction of the Health and Safety at Work Act in 1974. Under the guidance large organisations that have been convicted of the serious offences, where they have flagrantly breached the law and created a high risk of serious harm, or where serious harm has actually been caused, can expect to receive a fine proportionate to the seriousness of the offence and to their financial means. For some time there has been concern that penalties imposed for health and safety offences and corporate manslaughter offences, particularly on large organisations, were too low and the approach to sentencing in the courts inconsistent. It is mandatory for courts to follow the guidelines for all sentences passed after 1 February 2016, regardless of whether or not the offence took place before that date. This heralds the start of an era where sentencing in health and safety offences will increase dramatically in order to have a real economic impact. Higher fines will also carry significant commercial and reputational consequences. Tough new sanctions will be a timely reminder that standards in health and safety management cannot slip. The new guidelines are also likely to result in an increase in custodial sentences for individuals who have committed a health and safety offence. 
Yours sincerely
 
Dave Joyce
National Health, Safety & Environment Officer
Email Attachments – Click to download
LTB 113/17 DFS fined £1m Following Worker’s Neck and Head Injuries – Warning to All Large National Employers Such as Royal Mail, BT, Capita, POL etc on Health & Safety

TUC and CWU Hits out at Plans to Stop Injured Workers and Motorists Claiming Legal Costs  
To: All Branches 
Dear Colleagues, 
The TUC, CWU and all UK Unions and Lawyers have criticised the Government’s plans, announced on 23 February to stop injured workers from reclaiming their legal costs in cases where claims are worth under £2,000. 
Ministry of Justice proposals announced last Thursday will mean that thousands of workers, mostly low paid, are no longer able to get the legal expertise they need to seek compensation after an injury. 
The Government has announced that it will be increasing the small claims limit for employers’ liability personal injury claims from £1,000 to £2,000. Although this is well below the £5,000 originally proposed (and which will now apply to road traffic claims), it is still an attack on the ability of workers to claim compensation and will disproportionately hit the lowest paid. It will restrict the ability of unions to support these members and will also have an impact on health and safety in the workplace as there will be less pressure on employers and from their insurers to deal with safety failures that lead to lower level injuries. There is also a concern that this is just a stepping stone to a further increase at a later date. 
The TUC has issued a press release on the announcement and Unions will continue to oppose it. 
People injured at work because of their employer’s negligence or those injured in road crashes because of other drivers mistakes, carelessness or recklessness shouldn’t have to pay their own legal costs. This will stop many low-paid and vulnerable workers from bringing damages compensation claims for personal injuries. It will also cost Unions more to support their members through legal services benefits. 
These plans are dangerous and will encourage bad bosses to cut corners with health and safety. So much for Tory Prime Minister Theresa May’s speech to the Tory Party Conference last October when she said on workers’ rights – “Existing workers’ legal rights will continue to be guaranteed in law – and they will be guaranteed as long as I am prime minister. We’re going to see workers’ rights not eroded, and not just protected, but enhanced under this government.” 
The government announced their intention to make these changes in their 2015 Autumn Statement and this announcement is the first part of their intended changes. They intend to follow this up with a fixed tariff of compensation payments or ‘cap’ on amounts awarded. This is clearly designed to benefit the Insurance Industry at the expense of ordinary working people who get injured.  
Yours sincerely 
 
Dave Joyce

National Health, Safety & Environment Officer
 
Email Attachments – Click to download
LTB 112/17 TUC and CWU Hits out at Plans to Stop Injured Workers and Motorists Claiming Legal Costs

Mental Health Foundation New Series of Short Guidance Publications – (The ‘How To’ Series) – On Stress, Anxiety, Mental Health and Sleep 
To: All Branches 
Dear Colleagues, 
The Mental Health Foundation (MHF) has released a series of publications aimed at helping people understand how to effectively manage their own mental health, including managing and reducing stress, looking after your mental health using exercise and how to manage fear and anxiety. 
THESE NEW GUIDE BOOKLETS INCLUDE:-
‘How to Manage and Reduce Stress’

‘How to Look After Your Mental Health’

‘How to Look After Your Mental Health Using Mindfulness’

‘How to Look After Your Mental Health Later in Life’

‘How to Overcome Fear and Anxiety’

‘How To Sleep Better’ 

PDF Copies of these 6 Guides are attached. Hard Copies can be ordered from MHF and the price rates for bulk orders are below. 
The management and reduction of stress is an important part of a health and safety manager’s role as stress can over lead to people either not performing as well as they should be, a reduction in concentration, an increase in absenteeism and can often hide other – perhaps larger – issues. 
The ‘How to Manage and Reduce Stress’ guide looks at how you can identify stress, the importance of a work/life balance, and how you can manage and reduce stress on a day to day basis. 
The ‘How to Look After Your Mental Health’ makes the point that being mentally healthy doesn’t just mean that you don’t have a mental health problem but if you have good mental health, you can; Make the most of your potential, Cope with life and Play a full part in your family, workplace, community, and among friends. The guide covers talking about the issue, seeking help and advice and living a healthy lifestyle. 
The ‘How to Look After Your Mental Health Using Mindfulness’ guide explains that Mindfulness is a way of paying attention to the present moment, using techniques like meditation, breathing and yoga. It helps us become more aware of our thoughts and feelings so that, instead of being overwhelmed by them, we’re better able to manage them. 
The ‘How To Overcome Fear and Anxiety’ Guide explains that Fear is one of the most powerful emotions and that it has a very strong effect on your mind and body. It can create strong signals of response when we’re in emergencies – for instance, if we are caught in a fire or are being attacked. It can also take effect when you’re faced with non-dangerous events, like exams, public speaking, a new job, a date, or even a party. It’s a natural response to a threat that can be either perceived or real. Fear and anxiety can last for a short time and then pass, but they can also last much longer and you can get stuck with them. In some cases they can take over your life, affecting your ability to eat, sleep, concentrate, travel, enjoy life, or even leave the house or go to work or school. This can hold you back from doing things you want or need to do, and it also affects your health. Some people become overwhelmed by fear and want to avoid situations that might make them frightened or anxious. It can be hard to break this cycle, but this guide explains that there are lots of ways to do it and that you can learn to feel less fearful and to cope with fear so that it doesn’t stop you from living. 
The ‘How to Sleep Better’ Guide explains the importance of getting good-quality sleep and gives advice on healing sleep problems. Sleep affects our ability to use language, sustain attention, understand what we are reading, and summarise what we are hearing; if we compromise on our sleep, we compromise on our performance, our mood, and our interpersonal relationships. Sleep has also been shown to protect the immune system.
The amount that each person needs is different; however, it is recommended that a healthy adult should sleep, on average, between seven and nine hours a night. 
MHF Vision
MHF’s vision is for a world with good mental health for all. Their mission is to help people understand, protect and sustain their mental health. Prevention is at the heart of what they do, because the best way to deal with a crisis is to prevent it from happening in the first place. 
To Order printed versions of the publication:-
1-10 copies: £1.50 per copy

11-50 copies: £1.25 per copy

51-100 copies: £1.00 per copy

101-500 copies: £0.75 per copy

501+ copies: £0.55 per copy
You can buy direct from MHF by calling the MHF Publications team on 020 7803 1150.
Order by email and pay by invoice by emailing an order form (copy attached) to publications@mentalhealth.org.uk or order over the phone and pay with a credit or debit card
Contact Details:-
Mental Health Foundation Headquarters

Colechurch House, 

1 London Bridge Walk, 

London, SE1 2SX
Tel: 020 7803 1100
Glasgow office

Mental Health Foundation

Merchants House, 

30 George Square, 

Glasgow, G2 1EG
Tel: 0141 572 0125
Cardiff office

Mental Health Foundation

Castle Court, 

6 Cathedral Road, 

Cardiff, CF11 9LJ
Tel: 02921 679 400
Attachments:
MHF Guide ‘How to Manage and Reduce Stress’

MHF Guide ‘How to Look After Your Mental Health’

MHF Guide ‘How to Look After Your Mental Health Using Mindfulness’

MHF Guide ‘How to Look After Your Mental Health Later in Life’

MHF Guide ‘How to Overcome Fear and Anxiety’

MHF Guide ‘How To Sleep Better’ 

Yours sincerely
 
Dave Joyce

National Health, Safety & Environment Officer
Email Attachments – Click to download
LTB 111/17 Mental Health Foundation New Series of Short Guidance Publications –

Look After your Mental Health

Look After your mental Health Later in life

Overcome Fear and Anxiety

Reduce Stress

Mindfulness

Sleep Better

Trade Union Administration Act Membership Records – Change of Address
LTB 038/2017 explained the impact of the recently enacted legislation, in particular the opportunity for improvements identified by the NEC appointed Assurers during our pre-audit assessment.
The Trade Union Admin Act came into force with a view to ensuring all members could receive correspondence and participate in ballots. Assurers have been appointed to check that we have taken all necessary measures available to comply with the law by way of checking how we capture, maintain and update membership records. A key component therefore is for the Union to hold the correct address for all its members.
We currently offer three ways in which members can change their address, via logging in with their own password on the web page, contacting their local branch or contacting membership records department at CWU HQ. We also have a section in every edition of the voice which can be found in the ‘Contact Us’ section on page 2.
We would ask branches to continue checking and updating their records at regular intervals to ensure our member’s data is correct. We believe it would greatly assist the Union as a whole to show that we are taking steps to ensure compliance with the law if we displayed notices on all available Union boards to encourage members to contact us when there is a change to their data. Branch assistance in this matter would be greatly appreciated.
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
Email Attachments – Click to download
LTB 110/17 – Trade Union Administration Act Membership Records – Change of Address

CWU ANNUAL CONFERENCE 2017 – ONLINE REGISTRATION PROCESS
At previous conferences our online registration system has been used. Branch Secretaries should be familiar with the process of registering their delegates and observers for Annual Conference using this system.  
A couple of weeks ago, letters were sent to all Branch Secretaries advising what the Branch delegation entitlements are for each of the conferences the branch is entitled to attend. When registering your delegates/observers we ask that you use this to register the correct numbers. We are aware that Branches bring additions and throughout the week rotate their delegation but ask that if Branches do this, and the figures exceed the delegation entitlement, the remainders are registered as Observers. 
In previous years we have used barcode scanning at all conferences and intend to use it again this year. This enables HQ to obtain data required for equality monitoring purposes. Branches are asked to co-operate on the morning of each of the conferences and allow the Stewards to scan their credentials in order that the data can be collected.
Please note that all Field Officials will be registered by HQ.
If any Branch Secretary has forgotten their login details or passwords for the Branch or need assistance registering then please do not hesitate to contact eventsregistration@cwu.org The same applies if you need to make any amendments to any applications that have been made once up and running.
The log in website is https://conference.cwu.org  
Please note that all online registrations have to be completed by Friday 14th April 2017 as after this date you will be unable to use the website to register.  
Any enquiries on this LTB should be directed to Angela Niven on 020 8971 7256 or email eventsregistration@cwu.org
Yours sincerely,
 
 
Tony Kearns
Senior Deputy General Secretary
 
Email Attachments – Click to download
LTB 109/17 – CWU Annual Conference 2017 – Online Registration Process

Royal Mail Fleet Wheel Security Policy (V5 Oct 16):

Introduction

Royal Mail’s new Fleet Vehicles Wheel Security Policy Version 5 covers all vehicles and trailers used within Royal Mail Group.
Vehicle wheel studs and nuts are subjected to very high levels of stresses as axle loads and engine power outputs have increased in recent times. This makes it essential that wheel nuts are tightened and kept to the recommended torque settings, if the risk of loose nuts or at worst a wheel detachment is to be avoided.
This revised policy provides guidance to Royal Mail Fleet Maintenance and repair workshop staff and drivers on Royal Mail Group’s Wheel Security Policy and how to achieve it. The safety of wheel fixings can only be ensured by carefully following recommended wheel fitting and wheel nut tightening procedures as covered in the new policy.
Policy 

The Policy applies to all vehicles and trailers on the RMG Fleet. Irrespective of vehicle weight, the correct wheel nut torque will be applied to all wheels as part of every statutory inspection routine and following wheel changes.
New Vehicles and Trailers 

New vehicles and trailers must have all wheel nuts checked to the correct torque setting prior to entering into service and, vehicles exceeding 3.5T GVW and trailers must also have a full set of Yellow Wheel Nut Indicators fitted.
Hired Vehicles 

Hired vehicles should arrive with the Wheel Nut Indicators fitted, in which case a check for indicator alignment is necessary. If a hired vehicle arrives without the wheel nut indicators fitted then the receiving RMG Workshop must carry out the wheel nut torque procedure and fit indicators prior to handing the vehicle over to the operator.
Records

Confirmation that wheel nut torque has been checked and reset will be recorded on individual vehicle inspection records and the Vehicle Condition & Mileage Logbook (P1061E) stamped, endorsed and signed accordingly, indicating the relevant wheel position/s.
Vehicles Under And Including 3.5T Tonnes
Wheel Changed By A Driver

Vehicles that have had wheels changed by a driver (under 3.5T GVW), must be returned with a completed PMT1 to an RMG Workshop. The re-torque of the wheel nuts must be completed after its duty or as soon as practical but not exceeding 60 miles.
Wheel Changed By A Contractor

On vehicles where the wheels have been changed by contractor, there is no need for the wheels to be re-torqued.
The Re-Torque Task

The re-torque task can be completed on site by a MSV technician or taken to the local contractor near the owning office as agreed with the local RM Workshop.
Vehicle Condition & Mileage Logbooks (P1061E) & PMT1 

Vehicle Condition & Mileage Logbooks (P1061E) and PMT1 form must be stamped and endorsed with the relevant wheel position/s by the RM workshop or contractor whenever they are checked and the re-torque process is completed.
Vehicles and Trailers over 3.5 Tonnes or 9 Seats (8 Passengers) (Including Hired) 

Following all road wheel changes/fitments, wheel nuts must be properly torqued and then re-torqued; adhering to the process outlined below.
The RM Workshop must apply the following procedure:
Torque wheel nuts to manufacturer’s recommended torque setting.

Allow the vehicle to stand for 30 minutes and re-torque to complete the process.

Mercedes vehicles only, the re-torque must be carried out only after being driven between 50-100km.

Refit all Yellow wheel nut indicators.

Policy Contents

Scope, 2. Introduction, 3. Policy, 4. Responsibilities, 5. Consequences, 6. Change control, 7. Glossary, 8. References, 9. Summary of changes to previous policy.
Appendixes
Appendix 1 – Do’s and Don’ts of wheel fixing

Appendix 2 – Example of Re-torque Stamps

Appendix 3 – Best practice guide to wheel security

Appendix 4 – Different wheel nut types

Appendix 5 – Vehicle wheel nut torques by make & model
Summary of Changes to Previous Version of the Policy 

Essentially this is an updated policy. Section 3.2 has been revised to clarify the re-torque requirements, which basically states that if a driver has changed the wheel it must have the nuts re-torqued by a workshop or contractor. If the contractor has changed the wheel, there is no requirement to re-torque the wheel nuts. Section 2 has a revised item 7 referring to the new tool in the workshops to check studs and hole elongation. (TSB attached). The updated policy follows advice from the guide to Wheel Security from the Freight Transport Association (FTA) and Institute of Road Transport Engineers (IRTE).
Royal Mail is following ‘Best Practice’ set out by two of the UK’s professional Transport and Road Transport Engineering bodies. The Drivers Responsibilities on Page 8 align with the RMG Vehicle Log Book, Drivers’ Checks and PMT1 Procedure.
A copy of the New Royal Mail Fleet Wheel Security Policy Version 5.0 Dated 1st October 2016 is attached. A copy of TSB 35/16 Referring to The New Wheel and Stud Checking Tool (referred to in Section 2 of the new policy) is attached.
Yours sincerely
Dave Joyce

National Health, Safety & Environment Officer
Email Attachments – Click to download
Attachment 1 – LTB104/17 Royal Mail Fleet Wheel Security Policy (V5 Oct 16):

Attachment 2 – TSB 35 16 Buff TSB DAF Wheel Stud Check

Attachment 3 – RMG Wheel Security Policy – 2016 v5 draft