Our view is the duty to have suitable and sufficient arrangements to monitor competence and fitness remains in place during the COVID-19 pandemic and the assessments for monitoring should be carried out where it is practical to do so in line with public health advice. However, recognising the overall benefits to society of continuing to transport freight and key workers safely throughout these unprecedented circumstances, employers of those carrying out safety critical tasks may adjust these systems where necessary while ensuring that staff remain fit for duty. If a reduction in business activity means that not all safety critical workers are needed for normal operations, then consideration should be given to ensuring that rostering and monitoring arrangements prioritise those who remain required to carry out safety critical activities.
Where an employer is unable to carry out the usual monitoring of competence and fitness (either under ROGS or the TDLCR), the employer should take a risk-based approach and:
- consider the risks from the individual continuing their role beyond the normal medical/competence review process for a limited period;
- carry out an assessment of the likely effectiveness of any steps taken to minimise any increase in risk, including:
- self-declaration by the individual of any changes in their fitness and suitability;
- any other remote medical/competence assessment methods (questionnaires, telephone interviews etc) which can reasonably be carried out to minimise the potential reduction in risk control necessitated by the public health advice;
- likely duration of any extension, and arrangements for carrying out the usual medical/ competence monitoring as soon as reasonably practicable.
- conditions and arrangements for any further extension, should this appear necessary.
- Consider the risks likely to arise from the individual being unable to continue their work, including;
- the criticality of the role in terms of potential impact on safety and the provision of train services;
- the availability of other suitable competent and fit staff.