Refusal to Work on the grounds of health & safety

    I am informing you that I believe it is unsafe to continue work and under the:

    The Management of Health and Safety at Work Regulations 1999 (Section 8)
    Employment Rights Act 1996 (Section 44)
    London Underground Health & Safety Procedure

    I will therefore stop working immediately and whilst I wait for the investigation to be fully and properly completed under LU procedure I will undertake reasonable alternative work either within the workplace or at a different workplace location or I shall be sent home with no detriment to my pay, terms or conditions.

    I believe it in unsafe to continue working because:

    (Choose as many options that are appropriate or enter your own reason)

    I attach the LU procedure for the refusal to work which I am acting under:

    1) When a member of staff believes it is not safe to continue work, they must stop work and immediately report it to their manager.
    2) The manager must inform the local H&S rep as soon as possible
    3) The manager in consultation with a HSE advisor must determine if there is or isn’t serious or imminent danger and provide reasons why the risk is or isn’t considered ‘as low as reasonably practical’.
    4) The manager must record and communicate this to the member of staff and their H&S rep
    5) If there is a failure to agree, the workplace risk assessments (WRA’s) must be reviewed by the manager and HSE advisor. This must be recorded and communicated to the member of staff and their local H&S rep. If a local rep isn’t available, management must report this to Tier 2
    6) If the review confirms the risks are ‘as low as reasonably practical’, the employee will be requested to work normally.
    7) If the review confirms it is unsafe to continue working that way, the manager must explain how the matter will be dealt with and what work can be done in the meantime, if any.
    8) There are slight difference with what to do if the potential danger is affecting more than one location – for example Safety Council MUST be informed as soon as possible and a senior LU manager will be appointed to co-ordinate the actions required.
    9) Whilst the employee waits for the investigation to be fully and properly completed the manager must find reasonable alternative work either within the workplace or at a different workplace location or the employee shall be sent home with no detriment to their pay, terms or conditions.
    10) If there is a failure to agree, the employee has the right of appeal.

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