NETWORK RAIL - CATEGORY 1b RAIL DEFECTS

Our ref: HSR

Head Office Circular: NP/93/24

9^th April 2024

To: The Secretary

ALL BRANCHES

REGIONAL COUNCILS

 

Dear Colleague

 

NETWORK RAIL - CATEGORY 1b RAIL DEFECTS

 

I have received a report from the Lead Officer as regards Category 1b rail defects and the intention of Network Rail (NWR) to introduce a temporary variation to standard safety protocols which the Company claims will improve efficiency and safety and will also reduce delays. However, as the Lead Officer explains in his report, I am concerned that this variation will pose a significant safety risk. 

On February 29th, 2024, during a Safety Taskforce 12-month PIR meeting chaired by Matt Dean, Health Safety & Environment Director for North West & Central, a presentation as a “safety moment” was given regarding Category 1b Rail defects. The presentation aimed to highlight the performance and safety benefits of temporary variation (TV Number 97892) to the standard safety protocols. Matt Dean's presentation attempted to portray the temporary variation as a beneficial initiative aimed at improving efficiency, safety and reducing delays without the need to have boots on ballast. However, it has brought to our attention that this variation poses significant safety concerns, particularly regarding the nonerection of TSR/ESR boards nor imposing any speed restrictions for trains following the discovery of a rail defect.

As a union, we firmly believe that compromising safety standards for the sake of expediency is unacceptable. It is evident that this temporary variation represents a step backward in ensuring the safety of railway workers and the traveling public. Moreover, we attribute this regression to the broader trend of modernising maintenance practices and the impending cuts to Network Rail funding for CP7.

In light of these concerns, it is imperative that we challenge this initiative and advocate for the reinstatement of stringent safety measures. The Health and Safety at Work Act 1974, along with its various regulations, including the Management of Health and Safety at Work Regulations 1999 and the Construction (Design and Management) Regulations 2015, mandate employers to ensure the health, safety, and welfare of their employees.

In conclusion, it is incumbent upon us to prioritise safety above all else and to actively resist any measures that compromise the well-being of our workforce and the public. We must engage in constructive dialogue with Network Rail and the Regulators to address these concerns and uphold the highest standards of safety in railway operations.

At its meeting on 2^nd April 2024, your National Executive Committee noted adopted the following report from its Health and Safety Sub-committee: 

We instruct the General Secretary to thank the Lead Officer for his report. 

In relation to the report, we instruct the General Secretary to write to NWR and ORR to explain that we are extremely concerned as to their plans regarding Category 1b Rail defects, which through a temporary variation (TV Number 97892) seeks to amend the standard safety protocols. NWR argue this is a temporary variation which is a beneficial initiative aimed at improving efficiency, safety and reducing delays without the need to have boots on ballast.

However, we are of the view that this variation poses significant safety concerns, particularly regarding the non erection of TSR/ESR boards and not imposing any speed restrictions for trains following the discovery of a rail defect. The General Secretary to challenge this initiative in his correspondence with NWR and ORR - and to advocate for the reinstatement of stringent safety measures. 

I am acting in line with these instructions. Please bring this circular to the attention of all relevant members.

 

Yours sincerely

 

 

 

Michael Lynch

General Secretary