Branch campaigns
We asked our members (most of whom are working from home) one question.
94% of our School UNISON members felt it was not safe.
85% of our Capita UNISON members felt it was not safe.
79% of our Barnet Council UNISON members felt it was not safe.
79% of our Barnet Homes members felt it was not safe
Dear Members
Barnet UNISON as part of our efforts to ensure all of our members was safe contacted Capita in order that we could take part in the Risk Assessment consultation process.
Our branch has been busy for the last 8 weeks supporting and advising our members working and dealing with the COVID 19 risk in the workplace.
Whilst many staff are able to work from home there are staff who have to go out into the community to deal with the public.
It is important that all employers comply with Health and Safety Legislation in relation to Risk Assessments.
Now more than ever all employers should understand the importance of carrying out Risk Assessments for all of their staff in order they can provide assurances their workplace is safe.
It is important to note but as of Friday 22 May 2020, Barnet UNISON has not been consulted on any Risk Assessment for any job role being carried out by our members on both Capita contracts.
We have seen a Capita generic Risk Assessment which as soon as we challenged it Capita admitted it was out of date.
Barnet UNISON was informed that Capita compliance team issued 3 generic risk assessments (which have seen) which we were told would be a starting point for discussions around role specific Risk Assessments for staff working on the two Barnet contracts.
This was positive news.
Barnet UNISON requested the contact details for the manager responsible for coordinating the Risk Assessments on both Capita contracts in Barnet.
Capita responded stating they will not share or agree all risk assessments as requested as this is not something as an organisation that we do.
The health, safety and welfare of our members working for Capita is a serious matter and as such we have escalated this matter to UNISON National as the following legislation must be followed by the employer.
It is worrying that in this current COVID Pandemic where serious and fatal risks are being faced by workers every day that any employer would refuse to share or agree Risk Assessments with a Trade Union.
Relevant Legislation: Management of Health and Safety at Work Regulations 1999
Regulation 3 – employers must conduct suitable and sufficient risk assessments
Regulation 4 – requires employer to control hazards at source
Regulation 7 – employer must appoint competent persons to conduct RA
Regulation 10 – workers must be given comprehensive and relevant information about risks
Regulation 13 – employers must ensure workers are capable and trained
Regulation 16/19 – RA must take account of women of child-bearing age and young people’s risks.
Personal Protective Equipment at Work Regulations 1992
Regulation 4 states:
Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.
If you have any concerns please email the branch on contactus@barnetunison.org.uk
End.
Barnet UNISON as part of our Know Your Rights at Work campaign are hosting a
ZOOM meeting with NEU and GMB entitled:
Guest Speaker: Janet Newsham, Chair Hazards Campaign, sitting member of Employment Tribunal for past 25 years.
https://us02web.zoom.us/j/82640214991?pwd=cW01ZzhtTTJoeStjNWVVcGJSaEhqQT09
Meeting ID: 826 4021 4991
Password: 363400
Dear head teacher/chair of governors
Government’s plans to increase number of pupils in schools from 1 June
I am writing to say how worried I am about the government’s plans to increase the numbers of pupils in some schools from 1 June and the potential threat they pose to the health and safety of pupils, parents and staff in our school community.
We all want to see schools up and running and our school community back together again, but only when it is safe to do so. Any plan to achieve this needs to be clear on issues such as social distancing, PPE, testing, tracing and isolation. The current government guidance is not.
My union, UNISON, is taking these issues up with government, calling on it to step back from an unsafe increase in pupil numbers on 1 June. Unions and the government need to work together to create the conditions for a safe return to schools, based on the principles and tests set out by education unions representing support staff, teachers and head teachers (see TUC statement).
I don’t believe that the current situation is the fault of the school or its leadership and I understand that the school has to plan for all eventualities. Therefore, my union has advised me to request that you urgently provide an update on the following issues:
I think it is really important that we all stand together to ensure that everyone in the school and community is safe and that we meet health and safety laws. This means that we should only open up the school when is it safe to do so. My union and I do not believe that this is possible by 1 June.
Finally I would like it to be formally noted that my involvement in any meetings and discussions will be on the basis of a sharing of information only, and not my agreement to an unsafe reopening from 1 June. I would further request that you enter into collective discussion with my union on the measures that need to be taken for a safe increase in pupil numbers, as stated by the DfE. I call on the school not to put pupils and staff at risk with an unsafe increase in numbers from 1 June.
Yours sincerely
Please read this checklist any questions email:
2020.05.18. Joint Trade Union Coronavirus Workplace checklist
“How To Reopen Schools Safely”
Speakers: Jon Richards (UNISON), Kevin Courtney (Joint General Secretary NEU) GMLB speaker to be confirmed, NASUWT speaker to be confirmed
Joining details
https://us02web.zoom.us/j/86557588815?pwd=WEZGaVVkaks2ZTI5SFppTHNzL04wdz09
Meeting ID: 865 5758 8815
Password: 328320
https://us02web.zoom.us/j/81754931410?pwd=UGRYVmlJVC9TbVF5eTFDVFhXVGJBZz09
Meeting ID: 817 5493 1410
Password: 750011
Barnet UNISON has submitted the following report which sets out our list of demands for full Trade Union engagement in the transition from Lockdown.
“It is really important at this time that workers trust that their employer ensures the workplace is safe. COVID 19 has brought risks to our members’ lives in a way many of our members have never faced before. Therefore, it is important not just to say the workplace is safe, BUT to demonstrate that is safe by being transparent and open and ensuring risk assessments for every work place are easily available for the workforce to read. On Tuesday 5 May 2020, we submitted our report to Barnet Council Chief Executive as the first step to work to ensure all our members are safe at work. We will report back on the negotiations over the coming days and weeks.” (John Burgess, Branch Secretary, Barnet UNISON)
Some of our proposals set out in the report are:
1. The Council to inform and consult with the Trade Unions in a full and timely manner on the transition from Lockdown. By engaging with the Trade Unions the Council can receive our support in the process, and help build workforce support for changed ways of working such as working from home, social distancing measures and deployment of Personal Protective Equipment (PPE).
2. The Council to ensure that protective measures are in place for workers most vulnerable to Covid-19, pregnant women, new mothers and employees sharing households with people requiring shielding.
3. Covid-19 Risk Assessments to be in place relating to specific worksites and work tasks. The Council should consult and obtain agreement with the Trade Unions on these Risk Assessments. No worksites or tasks to be engaged until such Risk Assessments are in place following agreement with the Trade Unions. Risk Assessments to be accessible to all Council employees.
4. Increased stringency and frequency of cleaning of workplaces and equipment during the transition from Lockdown.
5. Social distancing to be in place at work sites, with clear guidance given to workers. Buildings should not be open to the public without strict and enforceable social distancing measures in place, following consultation and agreement with the Trade Unions.
6. To reduce the risk of infection the Council should consider and implement changes to the layout of workplaces, adjusting working patterns, alternating sections of the workforce on sites, and staggering travelling times. The Trade Unions to be consulted with on any such changes.
7. In line with Section 44 of the Employment Rights Act 1996 the Council will not submit any worker refusing to work in an unsafe workplace to Disciplinary or other punitive measures. It recognises workers have the right to withdraw from and refuse to return to an unsafe workplace, and that they have legal protection from dismissal, disciplinary or any other detriment for raising a health and safety issue.
8. PPE must be provided where necessary, and no-one should be asked to re-use PPE inappropriately.
9. Employees to receive instruction on the safe use, maintenance and cleaning of PPE as necessary.
10. Equalities Impact Assessments to be in place for the transition from Lockdown. Across the UK Black and Ethnic Minority workers have suffered disproportionate harm from the impact of the virus. The Council must seek to prevent this disproportionate impact and comply with its public sector equality duty.
11. The Council to inform workers about the availability and criteria of Covid-19 testing and to support workers in obtaining such testing when criteria are met.
Click on link below to read the UNISON report.
1. The guidance restates the DfE‟s blanket line that scientific evidence “indicates” that school staff do not need PPE – what exactly is the scientific evidence which the DfE referring to? Will they publish this scientific evidence in full?
2. Risk assessments should be carried out for staff as well as for pupils. Local unions and health and safety representatives can add help and expertise to this process and should be fully involved.
3. The onus of the guidance unreasonably places pressure and the risk onto members of staff.
4. It will be impossible to provide the care that some children and young people need without close hands-on contact. Risk assessments need to be carried out and the appropriate PPE supplied in these circumstances.
5. The guidance states PPE is only needed in residential care if pupils develop symptoms. No account is taken of the hazards faced by school staff in terms of spitting, scratching or biting, exposure to other bodily fluids or when performing clinical procedures.
6. There is no reference to the safe disposal of waste or PPE including masks and gloves.
7. The guidance rightly highlights the paramount necessity of strict hygiene, but does not mention soap or the provision of hand sanitiser. UNISON members have raised concerns about lack of soap and having to bring their own sanitiser to work. UNISON has already raised concerns with the DfE over previous guidance suggesting some cleaning items may be rationed.
8. There is no recognition of the complexity of the issues being faced by schools with vulnerable young people – for instance what about the risk of children attending who live in crowded accommodation either in a hostel, B&B or where a large family are sharing?
9. The guidance recognises that classes should be kept to small sizes but there is no definition of what a small size is. What happens if there is an outbreak and it leads to staff absences? For pupils with SEND there may be a one to one ratio. It is common practice in SEND settings to have 8-10 students to a ratio of 5 staff.
10. The guidance recommends that soft or cuddly toys are not to be shared by students – how is this to be managed in a SEND or early years environment?
11. Social distancing is impossible to fully maintain in schools. There is no reference to the built environments that schools work in. Some schools are small with narrow corridors and passage ways.
12. Any redeployment of staff across special schools will be unsettling for the pupils who are familiar with individual teachers/teaching assistants/ learning support assistants. It could also add to the risk of spreading the virus.
Recommendation UNISON recommends that the Government’s advice is urgently revised to take full account of the needs of pupils and staff, including realistic expectations of what is achievable. It should also take into account the duty of care that the DfE and schools have to their pupils, staff and the communities in which they operate. Ofsted have identified sufficient risk to issue their inspectors with PPE in order to safely undertake emergency inspections. PPE is vital for staff who are working on the front line – without the undertaking of risk assessments for staff and the appropriate provision of PPE then some schools could be unsafe for staff, pupils and the wider community.
To read full statement click on link below
2020.04.21. UNISON-response-to-DfE-guidance-on-SEND-risk-assessment
