Members would be aware that the CEPU has fought Post’s decision to introduce Mercedes vans without side windows because they present a risk to the health and safety of 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

§      - Appealed Comcare’s decision to issue an Improvement Notice eight months down the track and 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:

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 spaces on 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)

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 also 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, have been vindicated. The experts are unanimous, a material risk exists. Members should ask their facility manager when they intend to conduct risk assessments and/or fit the vans with windows and in the interim continue to refuse to drive vans if they believe they are at risk of physical injury.