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This
is a copy of the letter given to John Dyer, Head of Ops for Somerset and Health
& Safety lead
26th August 2009
Collective Grievance on Health and Safety Concerns
Dear John,
I am writing
following the cancellation of some key health & safety meetings, namely
the health and safety risk assessment sub group, the manual handling,
slips, trips and falls sub group and the main health & safety group.
These meetings
have been cancelled due to operational difficulties at fairly short
notice. Whilst we fully understand the Trust’s need to maintain
operational cover and ensure that patient care is not compromised we
believe that the cancellation of these meetings is detrimental to our
members and is a breach of the implied terms of their contracts.
At the time of
drawing up this grievance special consideration has been given the
Trust’s proposed new sickness policy and a new national target to reduce
sickness percentage across the Trust. At previous health and safety
meetings we have carried out trend analysis of highest reported injuries
and sickness. The top 3 have involved manual handling, slips trips and
falls and violence and aggression.
As these meetings
are set up to deal with outstanding risk assessments, policy review and
to draw up safe systems of work we feel that they should be considered
as core meetings and protected from cancellation.
The Trust has a
duty to ensure safe and healthy working conditions for its employees and
our branch feel that this is not being given the importance that it
deserves. To this end we feel that the Trust is failing in its legal
duty to:
·
Undertake suitable and sufficient risk assessments;
ensure these are current, reviewed, monitored and any controls
highlighted, put into place
·
Comply with the Health and Safety at Work Regulations
·
Comply with Manual Handling Regulations
·
Consult in good time with safety reps (Safety
Representatives and Safety Committee Regulations,SRSC 4A)
At the January
health & safety group we agreed that the Trust could implement a new
lone working policy, which had been consulted through us, and agreed
with. The proviso was that it would have a table top review after 6
months to look at any incidents, accidents or concerns in its
application and then adjust the policy accordingly. Clearly this is now
overdue and puts our members at serious risk.
As a last point
of grievance we would like to raise the failure to adequately consult
with the Trade Union following the implementation of a draft SOP with
regards to meal break management in April. The agreement following this
brief information passing was that it would be reviewed within 4 weeks
of implementation. Our members are still having their breaks late or
missed completely and so far unsatisfactory systems are in place to deal
with this issue.
The failure to
adequately consult is covered in the SRSC regulations 4A.
Employer’s duty to
consult and provide facilities and assistance
(a)
(1) Without prejudice to the generality of section
2(6) of the Health and Safety at Work etc Act 1974, every employer shall
consult safety representatives in good time with regard to –
(a) The introduction of any measure at the
workplace which may substantially affect the health and safety of the
employees the safety representatives concerned represent;
(b) His arrangements for appointing or, as the
case may be, nominating persons in accordance with regulations 6(1) and
7(1)(b) of the Management of Health and Safety at Work Regulations 1992;(b)
(c) Any health and safety information he is
required to provide to the employees the safety representatives
concerned represent by or under the relevant statutory provisions;
(d) The planning and organisation of any health
and safety training he is required to provide to the employees the
safety representatives concerned represent by or under the relevant
statutory provisions; and
(e) The health and safety consequences for the
employees the safety representatives concerned represent of the
introduction (including the planning thereof) of new technologies into
the workplace.
(2) Without prejudice to regulations 5 and 6 of
these Regulations, every employer shall provide such facilities and
assistance as safety representatives may reasonably require for the
purpose of carrying out their functions under section 2(4) of the 1974
Act and under these Regulations.
Specific remedies
As specific
remedies we ask that;
·
The
Main health & safety group is rescheduled with immediate effect
·
The
dates of meetings are not moved or cancelled
·
The
future dates of the groups are agreed and adequate cover is provided in
advance of the meetings
·
Safety reps are given release to attend Health and Safety meetings
·
Systems are developed to inform safety reps of notifiable accidents,
occurrences and diseases and to allow them to investigate as per SRSC
Reg 6
·
The
sub groups of the health & safety group are rescheduled
·
The
Trust meet with us on the lone worker policy and undertake the review as
agreed in January
·
The
Trust meet and develop the interim rest/refreshment SOP into a suitable
and sufficient Trust wide meal break policy in consultation with the
Trade Union
·
Locality consultative committees should be continued, despite
operational difficulties, as they provide members with the only form of
local health & safety forum
As a branch we
are committed to working in partnership on health, safety & welfare
issues to make our members working lives better and we feel this
directly benefits patient care.
I look forward to
hearing from you soon.
Kind regards
Alan
Lofthouse
Acting
Branch Secretary
Unison
South
Western Ambulance Branch
Cc: UNISON
members
Cc: Christine
Dayus FTO
Cc: Trevor Ware
NED
Cc: Rae Walin
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