SOUTH WEST WALES BRANCH 

Alun Griffiths - Area Safety Rep

HEALTH AND SAFETY

John Edwards - Deputy Area Safety Rep

Home  

Main Site

News

Events 

Agreements  

Officers Reps Royal Mail Legal Services Pensions Extreme Weather  Archive Pictures Change details Join CWU TEXT Service
Pregnancy at Work Mobile Phones The Law Highway code  Cars on Delivery      

                back to Royal Mail page

Minutes and dates of Safety Committees

SW Area Safety Committee Next Meeting W&M Safety Forum Next Meeting Swansea Mail Centre Committee Next Meeting SA Delivery Committee Next Meeting
Minutes 6th October 2009 Minutes 13th/14th October 2009 Minutes TBA Minutes 5th October 2009

 

Please click here for the - downloadable electronic pdf file version of the SRSC (Safety Reps/Safety Committees) Regulations  "Brown Book" TUC A4 Version (pdf).  


Swine Flu    Briefing issued by Royal Mail

Telemetry/ RTA Procedure/Driver Interventions 

Driver Jailed after using a Mobile Phone Before Killing another Motorist

Guide for Safety Reps

Seat Belts

Insurers join Police in Crackdown on Mobile Phone use when Driving


Rest Breaks at Work and the Law

The
Working Time Regulations 1998 state the following provision for rest breaks at work and time off:
A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.

Daily Rest

Under the Working Time Regulations 1998, regulation 10, a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which he works for his employer.

However, there are a number of special circumstances in which the entitlement to rest periods does not apply, for example, where the activities involve a need for continuity of service or production or where there is a foreseeable surge of activity. Also, if a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.

Weekly Rest

An adult worker is also entitled to one day off a week; this can be averaged over 2 weeks.

Young or Adolescent Workers

If a young worker is required to work more than four and a half-hours at a time, then they are entitled to a break of 30 minutes. A young worker is also entitled to twelve uninterrupted hours in each 24-hour period in which they work. Both these entitlements can only be altered or excluded in exceptional circumstances. Young workers are also entitled to 2 days off each week and this cannot be averaged over 2 weeks.

There is a free guidance produced by the DTI (Department of Trade and Industry), which can provide more information.

Reference
DTI: A Guide to Working Time Regulations, URN 03/1068 
(see below) 

 
DTI Guide to the 'Working Time Regulations'
The Working Time Regulations came into force in October 1998.


The Regulations were amended, with effect from 1 August 2003, to extend working time measures in full to all non mobile workers in road, sea, inland waterways and lake transport, to all workers in the railway and offshore sectors, and to all workers in aviation who are not covered by the sectoral Aviation Directive. The Regulations applied to junior doctors from 1 August 2004.


Mobile workers in road transport have more limited protections. Those subject to European Drivers' hours rules 3820/85 are entitled to 4 weeks paid annual leave and health assessments if a night worker from 1 August 2003. Mobile workers not covered by European drivers' hours rules will be entitled to an average 48 hours per week, 4.8 weeks paid holiday, health assessments if a night worker and adequate rest.


The Regulations were previously amended, with effect from 6 April 2003, to provide enhanced rights for adolescent workers. Because of these amendments to the Regulations, sections of the guidance have been revised. These are: Section 2: Working time limits and Section 3: Working at night - see Your guide to the Working Time Regulations.


The basic rights and protections that the Regulations provide are:

a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).


a limit of an average of 8 hours work in 24 which nightworkers can be required to work.


a right for night workers to receive free health assessments.
·                       

a right to 11 hours rest a day.
·                         

a right to a day off each week.
·                         

a right to an in-work rest break if the working day is longer than 6 hours.
·                         

a right to 4 weeks paid leave per year.


Current position on the opt-out in the UK


As the opt out is going through a negotiating process in Europe, the UK law remains unchanged on this point and workers are still able to opt-out of the weekly working time limits.  The UK will be given time to implement any changes to legislation and any future developments on this and other Working Time topics will be posted on this website in due course.


Member States discussed a revised proposal from the European Commission at the Employment Council on 2 June.  However there was no agreement on the proposals at this point.


Enforcement


Enforcement is split between different authorities. The limits and health assessments (if a night worker), are enforced by the Health and Safety Executive, local authority environmental health departments, the Civil Aviation Authority (CAA),the Vehicle and Operator Services Agency (VOSA) and Office of Rail Regulation (ORR).The entitlements to rest and leave are enforced through employment tribunals. The Employment Tribunals Service can also help you with information about making a claim or about Tribunal procedures.
However, if you require further information about the application of the Regulations you should contact Acas.

More info +

 

Insurers join Police in Crackdown on Mobile Phone use when Driving

Police forces are not the only ones cracking down on motorists who risk lives by using hand-held mobile phones. Motor insurers are now showing support by increasing the premiums quoted for offenders - or even refusing cover, according to new data from the AA.

As well as being stung with the fixed £60 penalty charge, UK motorists could be forking out a total of £5.4million extra each year in Insurance premiums based on the Department of Transport latest figures from the amount of offenders fined in 2007 and the average increase from the research by the Automobile Association. Some insurers are increasing premiums by 18.1 per cent for those clients convicted of a mobile phone driving offence because of the higher risk.

 In an AA survey of motor insurers one insurer refused to quote for drivers with a mobile telephone conviction. Other companies increased the insurance premium from between 4.2 per cent to 18.1 per cent.

AA's research also reveals that in real money terms the average insurance premium rises by almost £40 a year - and well over £100 over the three year offence endorsement remains on a drivers licence.

Drivers attempting to use a hand held mobile phone also put themselves at risk of being charged with careless driving, which, coupled with a mobile phone offence, could lead to a driving ban. The AA survey found that half of the insurers refused to quote for careless driving offenders whilst others imposed premium increases of up to 50 per cent.

The AA say that driving whilst using a hand-held mobile phone places drivers at a greater risk of having an accident - it slows reactions and you are less able to control the car. Insurance companies quite rightly take such offences seriously.

Many offenders are not aware of the premium rise and we hope that raising awareness of this extra cost will help members to think twice about chatting on a hand-held phone when driving.

In the event of an accident, police now routinely check mobile phone records to find out whether use of a phone was a contributory cause.

Members should also dismiss any ideas about not telling their insurers about mobile phone convictions or any other motoring offences when they take out or renew their cover. They will be asked if they have incurred any endorsements on their licence. If they are not truthful then it could invalidate their insurance cover.

A very large number of CWU Members drive as part of their job and they should be aware of all the risks.


Driver Jailed after using a Mobile Phone Before Killing another Motorist
A recent court case demonstrates to drivers the danger of risking the use of a mobile phone whilst driving and should serve as a clear warning to all CWU members who drive as part of their job and drive privately.

A woman has been sent to jail for 21 months after using her mobile phone to make a series of calls and send a number of text messages before she hit and killed another motorist.
Following the accident a phone record check proved that driver Philippa Curtis of Bury St Edmunds, Suffolk had made calls and sent and received messages before she ran into the back of a stationary car at 70mph, killing the other driver. She had denied using her mobile phone at the time of the collision but was found guilty of causing the death by dangerous driving of Victoria McBryde, 24, of Horton, Northamptonshire, following a trial at Oxford Crown Court in December.

Curtis had been on her way to Oxford on November 20 2007, when she collided with Miss McBryde’s Peugeot 106 on the A40, near Wheatley. Miss McBryde, who had stopped to deal with a burst tyre, was pronounced dead from a brain injury after the collision. The court heard that Curtis made various calls as she was driving and sent more than 20 text messages to a number of friends on her phone. Shortly after making a call she collided with Miss McBryde, who was sitting in her car, waiting for assistance to arrive. 

Curtis’s car then spun into oncoming traffic, hitting two more vehicles, a van and a lorry. Curtis said she had felt that using a phone while driving was acceptable and said she could send and receive messages without taking her eyes off the road. Curtis, who denied the charge of causing death by dangerous driving, said she felt “awful” for causing the death of another young woman. “I can’t really describe in words how bad I actually feel,” she told the court. “I just feel awful that I was involved and I can’t really imagine how the family must feel.”


Telemetry/ RTA Procedure/Driver Interventions LTB 908/08 

As you will be aware, Telemetry equipment once fitted to a vehicle will record and provide detailed information on how the vehicle was being driven in real time and will indicate; speeding, harsh braking and Incidents/collisions 

The equipment will hopefully become a useful tool in improving occupational road safety and legal compliance for our members benefit. However, discussions are currently underway on how the Telemetry outputs will; be used with the Union arguing for a joint Royal Mail/CWU approach to driver related issues based on a remedial rather than punitive objectives with talks on a revised Road Traffic Accident (RTA) Procedure to be renamed the Driving Safely Procedure also proceeding including counselling, support and training initiatives/interventions. While progress has been made, no final agreement has been reached and as such current RTA procedures and associated processes remain in place. 

In the mean time CWU HQ has become aware of some Royal Mail AGMs areas attempting to unilaterally introduce amended Telemetry/ RTA processes in some cases presented local telemetry processes as Health and Safety initiatives. No agreements should be made locally which may undermine national talks. Therefore until national negotiations are concluded and agreement reached, Branches and Safety Reps are advised not to enter into any local agreements which may undermine the national talks and any proposals received should be brought to the attention of CWU HQ.

 

GUIDE FOR WORKPLACE SAFETY REPS

 

New Updated Safety Representatives & Safety Committees Regulations Legal Guidance (replacement for the "brown book)"  

 

Recently Branches were informed that the HSE had produced a new publication entitled "Consulting Workers on Health and Safety" ( L146) which replaces L87 (also known as the Brown Book).  

The Government and the HSE have supported the need for new revised and strengthened guidance to the SRSC Regulations in a revamped "Brown Book". That work has now been completed and the HSE have published the new legal guidance which replaces the old "Brown Book".  

 

"Consulting Workers on Health and Safety" (L146) replaces L87 (also known as 'the Brown Book). It provides the new legal guidance and contains the 1977 Safety Representatives and Safety Committee Regulations, the 1996 Health and Safety (Consultation with Employees) Regulations, along with the Approved Codes of Practice and New extended Guidance. It is 74 pages long and costs £13.95 a copy. It is aimed at Employers, Safety Representatives and Trade Union Officials. Contents: Preface; Introduction; Part 1: Safety Representatives and Safety Committees Regulations 1977 (as amended); Part 2: Health and Safety (Consultation with Employees) Regulations 1996! (as amended); Appendices; References; 

 

The new guidance was launched in October by Health and Safety Minister Lord McKenzie and HSE Chair Judith Hackitt who both spoke strongly in support of Trade Union Safety Representatives and the benefits of better safety standards provided by actively involved Safety Reps. They also stressed the need for Employers to comply with the Law requiring consultation and involvement.  

 

The TUC negotiated with the HSE to publish a 'free' version of the revised SRSC Regulations Brown Book for use by Trade Union Health and Safety Representatives and on Safety Reps Training Courses. It contains the 1977 Safety Representatives and Safety Committee Regulations, ACoP, New Guidance, and the Appendixes. The booklet also lists all other Health and Safety Legislation that requires Employers to consult with Safety Representatives and workers. The CWU Health, Safety and Environment Department has received 1500 copies which are being distributed to Branches, Regional Health and Safety Forums and to the Education and Training Department with this LTB.  Distribution will be on the basis of 6 per Branch, 10 per Regional Health ! and Safety Forum and 100 to the Education and Training Department with the rest held in stock.  Please ensure these are received by Senior Safety Reps and held in Branches as Health and Safety reference/ resource material.  

 

 

PURGE ON WEARING SEATBELTS

Wearing a seat belt in the front of any vehicle became compulsory in 1983 and since in 1991 it became mandatory for all adults to wear a seat belt in any seat, in any vehicle at all times. There is no exemption for Royal Mail drivers whatsoever, and contrary to some peoples opinions there is no exemption for short trip collection or delivery drivers  

Royal Mail is committed to maintain and improve safety for all employees, and could instigate applicable conduct code procedures against a driver if it was thought that they had failed to comply with basic safety policy.

 SOME FACTS:  

You may think that it would not happen to YOU

 In a crash at 30mph, if you are unrestrained, you will hit either the vehicle windscreen, or other passengers with a force of between 30 and 60 times your own body weight. This will in most cases cause head injuries and can also result in fatalities. It is also estimated that over 20 lives, 240 serious injuries, and 1000 other injuries could be avoided nationally if commercial vehicle drivers always wore a seat belt

 Would you please retain this letter for future reference.

 

back to Royal Mail page

    Copyright © CWU South West Wales Branch 2007