Our ref: HSR/1/3
26th January 2021
To: all RMT members employed by Northern Trains Ltd
REINTRODUCTION OF ONBOARD REVENUE NORTHERN TRAINS LTD (NTL)
Further to Head Office Circular NP/30/21, dated 22nd January 2021, I was instructed to send the work safe procedure via email to Northern Trains Conductors. I reproduce this below. In order to offer protection to our members, I was also instructed to send out the following via text and email to Northern Conductors (which I have already done); this is covered under the last agreed risk assessments.
• “Customers refusing to wear face coverings or social distancing” “If staff feel unsafe they should not engage, and should withdraw from the situation. Report to control and contact TSO/ BTP as necessary”
• FFP2 masks “If a suitable respirator is not able to be supplied to the colleague and they still want one, they should be instructed to wear a standard issue surgical mask and be restricted from duties where social distancing cannot be maintained.”
NTL Work Safe Procedure
1.02 Working Safely
Issue 2 August 2016
Employees are required to work in a safe manner, therefore they have the right to refuse to work if they believe it is unsafe and they might endanger themselves, or endanger another person. This entitlement comes without prejudice, in line with the Public Interest Disclosure Act 1998.
A refusal to work on the grounds of dangerous circumstances are justified
when the following three conditions are met:
· There is failure to comply with the Health and Safety at Work etc. Act 1974;
· There is an unacceptable risk to a worker, customer or member of the public;
· Any delay in controlling the danger or hazard may seriously endanger a worker.
In the event of an employee initiating a work refusal on these grounds, they must report to their line manager and explain why they believe the work is unsafe. If the supervisor is unavailable, then the employee must notify the Duty Control Manager, who will then invoke the on-call procedure.
The line manager must investigate and review the circumstances as soon as possible, in the presence of the employee and if required, their safety representative, and determine what immediate steps need to be taken to resolve the situation. If the concern cannot be resolved satisfactorily with the employee or their safety representative the Line Manager must take immediate steps to resolve the situation.
If the concern cannot be resolved satisfactorily with the employee or their safety representative the line manager must raise the matter with the relevant professional head as soon as possible. In the meantime the employee should be assigned alternative work where possible.
If the concern is not resolved satisfactorily with the employee or their safety representative through these internal channels, they have the right to report their concerns to CIRAS, the rail industry confidential reporting system operated by the RSSB.