Refusal on accident reporting

[unionman]

Afternoon all

I came across a letter last year, i believe it was from Simpson and Miller. Royal Mail were refusing to record an accident stating it was the employees fault.

This letter outlined Royal Mails obligation under the Social Security Act and industrial injuries legislation, and by not recording the accident, Royal mail were acting in an unlawful manor

Do we still have a copy of that letter??

thanks

[fishtank]

This one?

Communication Workers Union
Dave Joyce National Health & Safety Officer
150 The Broadway, Wimbledon, London SW19 1RX
Tel: 020 8971 7365/7308 E-Mail: djoyce@cwu.org


23 April 2012


Ricky McAulay
Director Safety
RM Operations
Royal Mail, 1st Floor,
Rathbone Place,
London, W1T 1HQ
5366 3217 or 07702251117
ricky.mcaulay@royalmail.com


Ricky,

Complaints Regarding Refusal to Enter Accident in the Accident Book/on ERICA - Failure To Comply with
(a) RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995,
(b) the Management of Health and Safety at Work Regulations 1999 and
(c) the Social Security (Claims and Payments) Regulations 1979 (as amended):

I write further to our ongoing discussions and my previous, numerous letters and correspondence on this subject and other aspects of Accident Reporting and Investigation shortcomings, of under reporting, flawed investigations and the 'blame culture'.

2012 CWU Conference has this week, once again, as last year, debated problems with accident under-reporting or miss-reporting along with the lack of notification of accidents to Safety Reps and lack of involvement as well as the tendency to 'blame' the accident victims in efforts to drive down statistics and simply hit targets rather than cure the root cause problems.

I firstly wish to acknowledge your positive response to date by way of your clear statement to Managers and the recent Royal Mail Operations Management Conference in Birmingham last month when you told Managers that you wanted to ensure that all Accidents are properly reported.

Secondly I acknowledge your proposed "Accident Reporting - Issues Escalation Process" for CWU ASRs in response to our representations which I can give my in principle agreement to, subject to a suitable covering Joint Statement and LTB which I will finalise with you following CWU Conference this week, where I can inform you there are again number of Motions on this subject as there were last year and which were brought to both your attention and that of Keith Scott Royal Mail Group Head of Safety.

This subject matter is now a matter of primary concern amongst CWU ASRs and CWU Branches and Officials.

The claims made by yourself and other Directors giving presentations at last month's Royal Mail Managers Conference of big number reductions in accidents only added fuel to the fire of discontent around CWU Representatives concerns about the under reporting or misreporting of accidents.

I have taken advice from our lawyers Simpson Millar LLP and having done so would request that you note the following and would kindly perhaps support your statement at the Royal Mail Operations Management Conference by circulating an Instruction to all Managers in ensuring that all accidents are properly
recorded and entered on the ERICA the Electronic Accident Book, system with an explanation of what occurred in the victims own words and not those constructed by someone else.

I would remind you of the provisions of regulation 25 of the Social Security (Claims and Payments) Regulations 1979 (as amended). In particular subsection 3 which reads:

(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or
business carried on by the employer shall, subject to the following provisions of this paragraph—
(a) keep readily accessible a means (whether in a book or books or by electronic means), in a form approved by the Secretary of State, by which a person employed by the employer or some other person acting on his behalf may record the appropriate particulars (as defined in regulation 24) of any accident
causing personal injury to that person; and
(b) preserve every such record for the period of at least 3 years from the date of its entry.

In particular with regard to the above regulation we would draw your attention to the following points

1. The accident book or equivalent must be readily accessible.
2. It is a matter for the employee, not the employer or any one acting on behalf of the employer, whether an entry is made in the accident book or equivalent.
3. There is no restriction on the nature and type of accident and injury that can be entered into an accident book or equivalent. With reference to paragraph 2 we would specifically assert that it is for the employee to determine whether or not they have sustained a personal injury and whether they have been involved in accident.
4. There is no restriction on the time within which an accident has to have occurred in order for an employee to make a record in the accident book or equivalent. Regulation 25(3)(b) implicitly recognises that an entry may be made in an accident at some point after the accident occurred.

I would be grateful if you would confirm that your staff/our members will now be permitted to make any requested entry into the ERICA system. Any pattern of behaviour on the part of Royal Mail which suggests that there is a consistent breach of obligations under the above Regulations will be drawn to the attention of
the Health and Safety Executive.

I would further submit that a failure to provide a proper and accessible accident book or equivalent may amount to a breach of statutory duty pursuant to Regulation 5 of the Management of Health and Safety at Work Regulations 1999.

I would also advise you that should it become apparent that there is a systemic failure to comply with above regulations it is open to your staff/our members to seek an injunction, declaratory relief or judicial review of the practice.

I look forward to hearing from you and meeting you as soon as possible after CWU Conference.

Yours Sincerely

Dave Joyce
CWU National Health, Safety & Environment Officer

"When management, Union and employees work together we succeed and do things better and results are excellent!" Mark Higson Managing Director

[unionman]

thanks