LTB 170/23 – HSE Notification of Contravention Letter – Royal Mail North West ‘Parcels Super’ Hub, Warrington
No. 170/2023
3 July 2023
Our Ref: EX5/23
To: All Branches
Dear Colleagues,
HSE Notification of Contravention Letter – Royal Mail North West ‘Parcels Super’ Hub, Warrington:
For the information of CWU Safety Representatives, Branches and Regions, see attached copy of a HSE ‘Notification of Contravention’ letter served on Royal Mail Group HQ, following a HSE ‘Enforcement Officer’s’ visit and inspection of the new Warrington, North West ‘Parcels Super Hub’ which was carried out by Mr. Simon Bland HSE Inspector.
The HSE ‘Notice of Contravention’ letter is addressed to Mark Amsden the Royal Mail Group General Counsel and Company Secretary, Chief Risk and Governance Officer.
The HSE ‘Notice of Contravention’ letter is a ‘damning’ report, and judgment on the poor safety culture and risk management failures at the fully-automated high-tech, ‘state-of-the-art, 32,000 sq. m ‘Flag Ship’ site which has only been open a year and is of such strategic importance to the business which aims to eventually process more than 600,000 parcels per day at the site.
The report includes much criticism of key safety and risk control failures and shows clearly that a number of managers in control are guilty of failures in safety, leadership and control. The HSE Inspector made some fairly damning remarks about Royal Mail’s failure to deal with the risks and problems and Royal Mail narrowly avoided being served with a ‘Prohibition Notice’ which would have shut down operations on site.
Summary of HSE Findings:
General Finding:
- Significant contraventions of health and safety laws.
- Failure to manage health and safety and effectively comply with the law.
- Royal Mail were reminded of their duty to ensure the health and safety of employees and others.
- No management/monitoring of health and safety and no formal health and safety audits had been undertaken by the site management team or members of the corporate RMG SHE team despite the site being operational since June 2022.
- Breach of the management of Health and Safety at Work Regulations 1999.
- No timescales for ‘Action List’ matters to be completed as identified by the Health & Safety Committee.
- No suitable arrangements to monitor compliance with health and safety legislation.
- Operational Shift Managers/Supervisors, involved in day to day management of health and safety were found to be (a) not competent (b) do not have the full support from key decision makers and (c) are not afforded the appropriate amount of time to carry out their health and safety functions effectively. An audit should be undertaken at the earliest opportunity in order to assist those on site in the effective management of health and safety.
- A review of managing health and safety arrangements should be carried out.
Workplace Transport – Pedestrians & Vehicles:
- Breach of Regulation 17 of The Workplace (Health, Safety and Welfare) Regulations 1992, requiring that every workplace should be organised so that pedestrians and vehicles can circulate in a safe manner.
- Workplace Transport (Pedestrian/Vehicle Segregation). There was no effective segregation of vehicles and pedestrians with pedestrians walking in areas designated for vehicles only.
- There were unsecured or inadequately secured temporary barriers used to prevent pedestrians entering vehicle only areas.
- Pedestrians were removing the unsecured temporary barriers and taking short-cuts.
- Pedestrians were not using designated pedestrian crossing points to access work areas and instead were taking short-cuts.
- Blocked access routes to designated pedestrian crossing points.
- Pedestrians were not wearing hi-visibility clothing appropriately.
Work at Height
- Breach of Regulations 4 and 7 of The Work at Height Regulations 2005.
- 4 – Failure to ensure that all work at height is properly planned, appropriately supervised and carried out in a manner which is safe.
- 7 Failure by Royal Mail to select the most suitable work equipment for the task to be carried out regardless of the duration of the task.
- Stadium steps provided for use by engineers and contractors to undertake work at height on and around the conveyor system were in use without stabilising legs/bars being deployed prior to use and employees were unable to access the conveyor system whilst standing on the platform of the steps to undertake repairs or removal of blockages/jams. As a result, the equipment was being misused.
- All work at height involving use of the steps was immediately withdrawn to avoid the HSE issuing of a ‘Prohibition Notice’ and shutting down the operation.
Safe Systems of Work
The points below were noted in relation to the failure to follow safe systems of work (SSoW):
Lock Off Tag Off (LOTO)
‘Lock off, tag off’ (LOTO) is a safety procedure used to ensure that dangerous equipment cannot be accessed whilst in operation and that it is properly shut off and not able to be started up again prior to the completion of maintenance or repair work. The HSE Inspector found padlocks/keys used by operators of the York Tipper Robot Cell as part of the SSoW for the safe removal of parcels from the cell had been left unattended and the Operations LOTO Control Box for padlocks had been left open whilst the area was unattended allowing unauthorised access. Operators confirmed the removal of parcels from the York Tipper Robot Cells had previously been undertaken by members of the Engineering Team only. However, due to the frequency of the activity they were unable to attend every event. As a result, operators were designated ‘technicians’ and provided with training in LOTO as part of the SSoW. Royal Mail confirmed both operators and supervisors would receive refresher training in the LOTO procedure and the importance of padlock/key control. In addition to this, the HSE said Royal Mail should review the current SSoW to determine whether the LOTO procedure can be simplified to prevent a recurrence of this matter.
Pre-Use Checks of Safety Devices
York Tipper Robot Cells have a number of safety related devices to ensure operators are unable to access dangerous parts of machinery. Operators confirmed they do not carry out or record checks of safety related devices such as interlocks and emergency stops prior to operating these machines. Royal Mail confirmed that the current SSoW for the operation of the York Tipper Robot Cells would be amended to include operator pre-use checks of safety related devices. These would be recorded by the operator and monitored by supervisors to ensure checks are recorded properly.
Preventing Unauthorised Access
Members of the Engineering Team had been undertaking work on the mezzanine floors. One of the engineers confirmed that as part of the SSoW for carrying out work on the mezzanine floor, unauthorised persons are prevented from entering the area by securing chains (which incorporate signage) across various access points to the area. Chains had not been positioned across the stairwells to the mezzanine.
Royal Mail arranged for the chains to be positioned across the access routes and confirmed they would liaise with the Engineering Team to ensure engineers/contractors are reminded of the importance of preventing unauthorised access to areas where they are working. He also confirmed the mechanism for securing chains across access routes would be reviewed.
Shunting Operations
As part of the SSOW in relation to the safe operation of shunting vehicles in the yard, only one driver is permitted to be in the cab of the shunting vehicle. The only exception to this is when the shunter driver is being trained. Prior to entering the site various vehicle movements in the yard were observed during which the HSE Inspector witnessed two drivers in the cab of a shunter vehicle. This matter was raised as part of the concern. One of the shunter drivers confirmed a colleague had accompanied him in the cab to expedite him accessing another location in the yard. He also confirmed he was aware of the requirement not to carry passengers unless part of a training activity and that other drivers had previously carried passengers to expedite their access to other locations on the yard.
Royal Mail were reminded that under Section 2 of the Health and Safety at Work Act every employer has a duty to ensure, so far as is reasonably practicable, the health, safety and welfare of its employees. This includes the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health. Royal Mail also have a duty under Section 3 of the Act to conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment (i.e. contractors and visitors) who may be affected, are not thereby exposed to risks to their health or safety.
Under Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999, Royal Mail are required to make and give effect to such arrangements as are appropriate for the effective control and monitoring of preventive and protective measures. This includes those measures necessary for the safe operation of machinery.
As part of managing health and safety effectively, Royal Mail should have suitable arrangements to ensure employees and contractors undertake work in accordance with the safe systems of work which have been devised and implemented.
Royal Mail to confirm what action has been taken and how they propose preventing a recurrence of these matters.
Personal Protective Equipment (Yard Marshalls)
Royal Mail confirmed that Yard Marshalls are currently provided with Class 3 high visibility jackets and trousers but the wearing of the trousers is optional. Given the nature of their role and the environment in which they operate, their personal protective equipment should afford them maximum conspicuity. The HSE Inspector recommended a review of the relevant risk assessment and consideration to whether the wearing of hi-visibility trousers should be a mandatory requirement for Yard Marshalls.
FEE FOR INTERVENTION – Under the Health and Safety Fees Regulations 2021, Regulations 23 and 24
The HSE will recover from Royal Mail the costs incurred for the work it does in relation to contraventions of health and safety law which are material breaches. A material breach is something an Inspector considers is serious and is confirmed in writing. The fee is based on the amount of time that the HSE Inspector has had to spend identifying the health and safety law breaches plus investigating and taking enforcement action. This includes the cost for the whole inspection visit, along with other associated work.
Royal Mail will have 30 days to pay.
Discussions have been taking place with the Royal Mail Group Director of Health and Safety at which the CWU Health, Safety and Environment Department has made its views known regarding the extremely poor state of affairs and poor safety management and controls on site at the NW Hub. We will monitor the Royal Mail Safety Team and Operational Team’s remedial action progress and a Hub site visit is to be arranged.
Attachment:
- HSE Notice of Contravention
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer