Barnet UNISON read with dismay the following report entitled “Oakleigh Depot Remedial Works” which is going to Policy and Resources Committee on Thursday 3 October 2019.
What’s it all about?
The issue of subsidence was noted by Barnet UNISON from the moment we moved into Oakleigh depot in August 2017.
The report which is going to Policy and Resources Committee does not reference the significant involvement of Capita.
Capita Property & Infrastructure Ltd (“Capita”) provided the following report entitled: The “Oakleigh Road South Depot Phase 2 Ground Investigation & Assessment April 2015 report” and the “Soil Stabilisation report dated 1 February 2017”.
Here are the two key documents
Barnet UNISON has over the last 18 months attempted to work with Council officials to ensure safe working at the depot. However once the crack opened up across the road and the fuel tank area was splitting from the pavement, management stopped sharing vital information.
Below is a summary of UNISON requests for information.
- August 2017. UNISON raised concerns over the sufficiency of reinforcement measures to prevent ground movement at the depot.
The Council responded that it did not believe that the reinforcement was insufficient.
- March 2018. At a meeting with the Council UNISON asked if the Council had investigated the problem and what plans had been made for repairs. We asked for the surveyor’s report which the Council had commissioned.
We were given details on the plans for repairs and have not yet received a surveyor’s report.
- July 2018. UNISON submitted an Inspection report for the depot which identified that the rifts in the surface had widened and deepened and extended over a larger area.
The report included a request for the relevant surveyor’s reports and asked what contingency plans for the service were in place if vehicles were prevented from using the depot should repair works be needed.
We received neither the surveyor’s report nor any information on a contingency plan
- September 2018. At a meeting with the Council, UNISON repeated our request for a surveyor’s report.
- January 2019. Following another UNISON inspection of the depot which noted that the fissures and subsidence had not been repaired the Council’s response was that the situation was being monitored and there was no imminent danger. UNISON requests for details of the monitoring where not met.
What does the “Oakleigh Depot Remedial Works” report say?
In paragraph 1.10 it states “With health and safety a priority…….” and in paragraph 3.1 it states: “Officer have been unable to identify options that have no, or lesser, impact on service. The option to do nothing was discounted due to health and safety risk.”
In paragraph 5.5.1 refers to an “Environment risk register” it goes on add “To manage health and safety risk, the council’s health and safety lead is reviewing proposals alongside operational staff. Additional health and safety capacity will be brought in if and when required.”
The reason for our grave concerns is that Barnet UNISON was unaware of any Health and Safety risks at the depot because someone in the Council had made a decision not to share this information. This shocking revelation that there are health and safety risks raises serious questions marks as to who decided not to share information with the trade unions.
Health and Safety legislation is very clear:
“Safety Representatives and Safety Committees Regulations, 1977.Regulation 7 Inspection of documents and provision of information.
(1) Safety representatives shall for the performance of their functions under section 2(4) of the 1974 Act and under these Regulations, if they have given the employer reasonable notice, be entitled to inspect and take copies of any document relevant to the workplace or to the employees the safety representatives represent which the employer is required to keep by virtue of any relevant statutory provision within the meaning of section 53(1) of the 1974 Act except a document consisting of or relating to any health record of an identifiable individual.”
Health and Safety at Work Act, 1974
“2 (6) It shall be the duty of every employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.”
Safety Representatives and Safety Committees Regulations, 1977. Regulation 4A
“(1) Without prejudice to the generality of section 2(6) of the Health and Safety at Work etc Act 1974, every employer shall consult safety representatives in good time with regard to – (a) the introduction of any measure at the workplace which may substantially affect the health and safety of the employees the safety representatives concerned represent;”
In light of the publication of the above report Barnet UNISON wrote to all three authors of the Council “Oakleigh Depot Remedial Works” report.
We have made the following demands:
- All reports/documents in relation to the ‘crack’ which identify health and safety issues are provided to the trade unions by the end of the week, including all data relating to ground movement.
- A weekly update meeting to take place at the depot with the trade union health and safety reps.
Failure to provide the information above will mean Barnet UNISON has no option but to contact the Health and Safety Executive (HSE).
View reports click on links below