Postal
Mercedes Van Decision: changes must be made!
(13 April, 2010): Members know that for some time we’ve been fighting Post’s decision to introduce its Mercedes vans – because the vehicles’ lack of a side window presents a risk to the health and safety of our members and the general public.
Post has resisted our calls to retrofit the vans with side windows, to improve driver visibility. To recap, the CEPU:
- Banned members driving the vehicles in 2008 – and was forced to face the then Australian Industrial Relations Commission because of the stand we took to protect members
- Supported the move to place a Provisional Improvement Notice on the vehicles
- After taking eight months to finish its investigation, Comcare issued an Improvement Notice that only went part of the way in addressing our concerns. We appealed its decision.
That long-running appeal was heard from August last year by Vice-President Lawler. He brought down his decision on Friday. No employer could ignore this decision. It said in part:
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“[32] The experts were unanimous in their opinion that reduced visibility towards the rear passenger side of the Mercedes vans presented a material risk to the driver of the van and to members of the public, particularly in circumstances where the van is: (a) part turned to the right and turning right; (b) reversing from laneways across pedestrian pavements; (c) reversing from 90 degree angle parking spaces and other angle parking spaceson to the carriageway, or in the vicinity of pedestrians; (d) entering divided roads, seeking refuge in the median strip area before turning right; (e) entering angled intersections; (f) being manoeuvred in delivery dock areas. Australia Post did not seek to challenge that opinion.” (Vice President Lawler quoted) |
The decision sets out the legal obligations of Australia Post including s.16(1). It requires that an employer take all reasonably practicable steps to protect the health and safety at work of the employer's employee.
Post must now undertake a thorough risk assessment of each individual round and make improvements to minimise risk – if it refuses to do this, immediately contact the CEPU.
Post must either install cameras (as the Post expert said that a camera facing down the road was better than a window) or retrofit windows, where a risk presents itself. Furthermore, His Honour still recommended future vans be purchased with windows already installed.
The concerns of OHS reps, and the position of our members who refused to drive the vans, has been vindicated. The experts are unanimous! A material risk exists! The decision is very compelling. We thank members for their ongoing support and we look forward to continuing our push to improve the OHS issues surrounding these vans.
What do you think? Contact the CEPU via feedback@cepu.asn.au