Dynamic risk assessment

The TSSA transport union says it has specifically raised the issue of dynamic — or “on the spot” — risk assessments “in which a member can assess a situation that would create risk for them”. It has raised this at the Railway Industry Coronavirus Forum, a group comprising the TSSA and the ASLEF, RMT and Unite rail unions, railway employers, the ORR railways regulator and the Rail Safety and Standards Board. It was constituted in 2020.

The TSSA gives the example of a member checking that passengers have paid the correct fare on a train who is confronted by a carriage full of passengers. This would compromise the employee maintaining social distancing rules.

“Our approach is that in this sort of circumstance, the member should be able to refrain from the activity without recrimination, something that also accords with legal protections under Section 44 of the Employment Rights Act 1996,” says the union (see Chapter 14). It was waiting for the employers to confirm in writing their general acceptance of this approach as the booklet went to press.