UNEQUAL APPLICATION OF NETWORK RAIL’S FATIGUE STANDARD AMONG KENT ROUTE MOBILE OPERATIONS MANAGERS

Our ref: HSR

Head Office Circular: NP/96/24

9^th April 2024

To: The Secretary

ALL BRANCHES

REGIONAL COUNCILS

 

Dear Colleague

 

UNEQUAL APPLICATION OF NETWORK RAIL’S FATIGUE STANDARD AMONG KENT ROUTE MOBILE OPERATIONS MANAGERS

Your Orpington Branch submitted the following resolution:

Network Rail’s Fatigue Standard came into effect in October 2022.

Despite having over two years’ notice of the application of this national standard, management in Network Rail’s Southern Region were either unwilling or unable to amend the rosters and working practices of their teams in good time.

This has led to Southern Region uniquely enjoying its own ‘Southern Fatigue Plan’, which appears to absolve managers of their responsibility to abide by the principles of the national fatigue standard.

Despite repeated attempts by reps and lay members to obtain a copy, the Southern Fatigue Plan has not been provided.

 

Since 7 January 2024, Mobile Operations Managers resident at single locations on Network Rail’s Kent Route have worked to a roster compliant with the national fatigue standard, but those MOM’s in Kent Route who act as general purpose relief are still – seventeen months after it became mandatory – working to a roster that does not comply with the standard.

The incompetence and intransigence of those managers responsible for negotiating rosters with our RMT representatives is inexcusable.

More troubling, however, is the disregard shown for the safety of Kent Route GPR MOM’s, who are regularly offered work on their free days despite the fact that working a free day would represent an exceedance as defined by the fatigue standard (i.e., working more than 60 hours within a rolling 7-day period in this case).

The pretence managers have used to justify this practice is that the GPR MOM’s are still working to a non-compliant roster and are therefore exempt from the fatigue standard.

This argument is nonsensical; all those who work for Network Rail, including contractors, are subject to the same standard.

Instead of disapplying the rules when it suits them, managers at Network Rail should release from duty with no loss of pay any member of staff who would otherwise incur an exceedance, thereby maintaining the integrity of the national fatigue standard.

This branch calls on the National Executive Committee to instruct the Lead Officer for Network Rail to write to the company in order to:

-           obtain a copy of Network Rail’s ‘Southern Fatigue Plan’ for dissemination among affected members;

-           insist that GPR MOM’s on Kent Route are permitted to work to a roster of their choosing provided that it complies with the company’s fatigue standard;

-           object to the unequal application of the fatigue standard among Kent Route MOM’s;

-           receive assurances that this unequal treatment will end immediately; and

-           suggest that to maintain the integrity of the national fatigue standard whilst meeting operational requirements, MOM’s are released from turns of duty to work a free day where cover for their booked shift is provided and where the location worked on a free day would otherwise be uncovered.

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

The General Secretary is instructed to thank the Orpington branch for their resolution and to take up actions in line with the resolution. 

Branches and Regional Councils to be advised accordingly. 

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