Postman Wins Compensation Following Slip Accident

[TrueBlueTerrier]

Letter to Branches




No. 949 /12
Ref C11
Date: 21 December 2012

To: All Branches


Dear Colleagues,

Postman Wins Compensation Following Slip Accident Whilst Wearing Royal Mail Standard Issue Footwear -
The Old Type Mk1 Hi-Tech Magnum Shoes & Boots - Problems Period 2007 - 2009:(Mr Patrick Gregory Bitton –v– Royal Mail Group Limited - Date of Accident: 23/02/2008):
 
Previous Letters To Branches (LTBs) issued by the Health, Safety & Environment Department, on this subject, numbers 1110/07, 038/08, 76/08, 224/08, 254/08, 412/08, 794/08 and 194/09, along with their attachments and Technical Reports
all refer. Copies of the relevant, previously issued Letters To Branches issued on this subject are available on request from the Health, Safety & Environment Department.
 
This report is being issued for the information of Branches and Area Safety Representatives in relation to slip accidents which occurred whilst members were wearing the now replaced Mk1 Hi-Tech Magnum Footwear, which was phased out
following a number of complaints in relation to questions regarding the durability, traction and grip qualities of the now defunct Shoes and Boots.
 
Following introduction in September 07, the Hi-Tec Magnum Mk1 lead to a multitude of complaints and concerns being presented in relation to reported problems in relation to sole grip and slip resistance issues plus durability and premature wear as well as deterioration of the uppers. A significant number of slip accidents were reported, in which wearers indicated a problem with poor footwear grip. Issues in relation to the Tread and Slip resistance of the Magnum footwear was raised by the Health, Safety & Environment Department with Royal Mail and the HSE on this issue in 2007, 2008 and
2009.
 
The footwear was subjected to testing by both the HSE/Health and Safety Laboratories(HSL) and SATRA Laboratories, following CWU Complaints. The footwear subsequently passed the required basic standards but problems were identified
with particular types of surfaces. Royal Mail subsequently agreed with the manufacturers to develop and produce an improved, updated Mk2 version of the footwear which subsequently produced improved traction/grip results in HSL and SATRA tests. The Magnum Mk2 footwear was also produced with improved quality uppers.
 
The Hi-Tech Magnum footwear was tested by HSL on two occasions and HSL undertook a detailed study and produced a report "Slips and Trips in Royal Mail" including testing the Royal Mail footwear. As reported in previous LTBs the Mk 1 and "Uprated" Mk 2 versions of the Hi-Tech Magnum Footwear Shoes and Boots which had a new sole design and
compound to improve slip resistance on wet, frosted and steel surfaces and full grain water-resistant leather uppers, were extensively tested in 2008/9 by "SATRA" (SATRA is a leading authority on international legislation and testing of footwear)
and the HSE's Health and Safety Laboratory (HSL) for slip-resistance and the results from both demonstrated an improvement in grip and traction in the Magnum Mk 2 over the Magnum Mk 1.
 
The HSE's Health and Safety Laboratory (HSL) were aware of the complaints from postal workers about the problems experienced with the Magnum Mk 1. The tests undertaken by HSL and SATRA in February 2008 confirmed that although the footwear was compliant with standards, there was room for improvement! The footwear was compliant to the basic BS/EN (British and European) specification standards on dry and wet clay tile. Satisfactory results were also obtained for frosted tile and wet steel. However, a comparative analysis determined that a revised sole design could improve resistance
to slipping on a number of surfaces, in particular frosted and wet surfaces and so the Hi-Tec Magnum Mk2 with a revised sole material and design to improve slip resistance was developed, produced, tested and introduced.
 
The Old Type Mk1 Hi-Tech Magnum Shoes & Boots were eventually phased out rather than being withdrawn and replaced by the Improved, uprated Magnum Mk2 version at an increased cost of around £10 per pair more plus the additional Cat and Dr Martens Shoes and Boots were introduced, giving staff a choice of 3 manufacturers and 2 designs from each.
 
The new footwear range was subject to trials and the results were more positive (see reports in LTBs listed above). There have been far fewer complaints about grip since the Mk1 Magnum was phased out and new range introduced plus the replacement policy and arrangements were improved and now if the footwear wears out then they are replaced when needed.
 
A number of slip accidents occurred whilst members were wearing the Mk1 Magnum footwear whilst on Delivery or Driving duties, resulting in injury, up to an including fractured limbs (feet, ankles and lower leg bones). These cases were referred
to the Union's Solicitors Simpson Millar LLP by CWU/HQ (Legal Services) Department and information in relation to representations, complaints and testing was provided to the Union's Solicitors Simpson Millar LLP by the Health, Safety & Environment Department.
 
Despite the efforts of the Union's Solicitors to negotiate out of court settlements for a number of CWU members, Royal Mail rejected the claims and refused to negotiate out of court compensation settlements for a number of injured CWU members. Having exhausted all efforts to negotiate, the Union's Solicitors therefore issued Court Proceedings in relation to a 'Test Case' involving a Hampshire Delivery Postman member, from Fareham. The member was on his delivery round in rainy weather on 23rd February 2008 when he slipped and fractured his ankle in a fall on a metal manhole cover. The member was wearing a pair of Hi-Tech Magnum Mk1 Boots at the time, which had been a standard issue type and design in 2007.
 
In evidence the Postman and CWU member said he remembered the day in question very clearly. A wet drizzly morning and whilst on his round he walked on to a metal manhole cover, slipping and falling heavily. He realised immediately he had
sustained a serious injury. He recalled a similar slip several weeks earlier but had though it was his own fault and not the footwear. After the accident in which he sustained a broken ankle, he was certain that something was wrong with the boots.
He had worn safety boots for work his entire career but had never sustained any previous slip accidents and injuries. He said that with these particular boots, on that day of the accident that it was like walking on oil and that work colleagues agreed
about the poor grip quality of the footwear concerned.

After a five-year legal battle, a four-day trial was held which took place at Winchester County Court in July with the 'reserved' judgment having now been announced this week and made in favour of Postman, CWU member who was awarded £3,600 in
compensation to be paid by Royal Mail plus Royal Mail will be liable to pay the Union's Legal Team's Costs.
 
During 2007-2009, a number of cases were referred to Simpson Millar who also received a number of calls from CWU Branches and members, regarding Postal Workers claiming to have suffered a slip accident due this type of footwear. Helen Stanton from Simpson Millar, the CWU's Solicitors was appointed to handle the cases and pointed out that Royal Mail had arranged independent testing of the Mk1 Magnum Footwear which had confirmed 'grip' problems and Royal Mail had subsequently called for the manufacturers to redesign the sole and improve the materials. However, Royal Mail had continued to issue the Mk1 versions of the Magnum Boots and Shoes for some time before replacing them.
 
The Test Case victory has paved the way for 14 other CWU Members claims to now been settled out of court,  Royal Mail having now agreed to settle the remaining cases. A positive outcome but Royal Mail could have saved itself a lot of time and money, not to mention the goodwill of its staff, had it acknowledged its responsibility sooner and settled the cases years ago.
 
In a statement Royal Mail said that "The safety of employees is a top priority for Royal Mail. Royal Mail only procures safety wear from trusted and reputable suppliers. A range of boots and shoes are available for employee and these are regularly updated, based on the latest designs available. As a result, the boots that were available five years ago (The Hi-Tech Mk1 Magnum) are no longer used by Postmen and Women."
 
The Cases were handled by Helen Stanton of Simpson Millar Solicitors London Office
(e-mail: Helen.Stanton@simpsonmillar.co.uk Tel: 0844 858 3400)
 
Yours Sincerely
 
Dave Joyce Tony Rupa
National Health, Safety & Environment Officer Legal Services Officer
 
(Previous LTBs 1110/07, 038/08, 76/08, 224/08, 254/08, 412/08, 794/08 and 194/09 - copies available on request from the HS&E Dept: Tel: 0208 971 7365/7308 or e-mail kgray@cwu.org or lhance @cwu.org).

Attachment - Telegraph Press Report on Case.
 
 
 
 

[5plusbonusball]

The cat trainers are just as lethal, whether it's ice, rain or algae, and after an accident i.m wary of walking in the rain.

[fishtank]

The Hi-Tec Magnum Mk2 isn't much better especially when new.