Our ref: HSR
Head Office Circular: NP/177/24
22nd July 2024
To: The Secretary
ALL BRANCHES
REGIONAL COUNCILS
Dear Colleague
NETWORK RAIL’S OCCUPATIONAL HEALTH STANDARD
Your Liverpool 5 Branch submitted the following resolution:
Liverpool No 5 branch is deeply concerned with Network Rail's occupational health standard and the assessment of employees’ current capacity for safety critical duties and employment, particularly those who have a history of epileptic seizures.
It has come to our attention that Network Rail Occupation Health standard NR-L2-OHS-00214 states, employees who have had more than one seizure in their lifetime. Network Rail will manage their employees’ health in relation to Group 2 DVLA medical standards, HGV and Busses. Network Rail stipulates that employees must also be seizure-free for a period of 10 years to be considered fit for safety-critical duties.
While Liverpool No 5 branch understand the importance of ensuring the safety of all members, we would like to raise concerns about the implications of such a strict requirement, especially for Network Rail maintenance members. This would lead to the vast majority of maintenance members who have had more than one seizure, having to be redeployed elsewhere within Network Rail and specifically the focus would be on office-based roles, which would potentially not be suitable roles for vast majority of maintenance members. This will inevitably lead to our maintenance members being dismissed on the grounds of capability under the ill health severance arrangements
Previous advice from Network Rail outsourced Occupational Health, stipulated employees needed to be seizure free for 12 months and accompanied on site. This branch is unaware of any safety incidents or concerns with the previous advice given. Liverpool No 5 branch believe that a more practical approach to assessing employees who have had seizures, capacity for safety critical work and employment is necessary, one that considers the individual circumstances of each employee while maintaining a commitment to safety. By ensuring a fair and supportive environment for all employees who have had epileptic seizures
We kindly request the General Secretary writes to Network Rail to raise concerns with the company’s current OH standard related to employees who have had more than one seizure in their lifetime. Additionally, request details from Network Rail regarding how many Network Rail maintenance employees have had seizures on site 12 months prior to the introduction of OH standard. Also, the General Secretary request a meeting with Network Rail to discuss the strict requirement of being 10 years seizure free within the OH standard, with a view of seeking an alternative approach and appropriate support for affected members to enable them to perform their safety critical duties effectively and safely.
At its meeting on 18th July 2024, your National Executive Committee noted and adopted the following report from its Health and Safety Sub-committee:
We note the resolution on file from Liverpool 5 Branch, for which it is thanked.
The General Secretary is instructed to act in line with the resolution and write to Network Rail to raise our concerns as an item on the National Safety Council with the company’s current OH standard related to employees who have had more than one seizure in their lifetime.
Relevant Branches and Regional Councils to be notified.
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