911±¬ÁÏÍø

Dear UCL UCU colleague

We will discuss situation with COVID-19 and Term 2, the latest updates in the USS dispute, and elect representatives for two Branch Delegate Meetings (one on USS and one on Four Fights) on 18 May.

Many members expected to teach face-to-face have contacted the union with serious concern for their own safety in the face of a high prevalence rate of COVID-19 in London.

We will discuss what colleagues can do about their own circumstances at the meeting, and also how we can further a collective dispute with the university over health and safety. See the motions for debate at Appendix 1 below.

If a manager believes that you should work on campus, and you believe the risks are too great for you personally, you have a right to challenge this decision, whether your request is intended as a short-term measure or a longer-term one.

Some departments, possibly the majority, appear to be interpreting UCL’s guidance flexibly, with staff being given a high level of discretion depending on their personal circumstances. However, some managers have made statements implying that it is legitimate for UCL to expect staff to get infected, or that the risk of infection is a trade-off for student wellbeing. Such statements, even if they are well-intended, are wrong in law. See Appendix 2 below.

UCL UCU Executive Committee

@ucl_ucu

UCL UCU

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Appendix 1 - motions for debate

Motion 1 - building a campaign over health and safety, and progressing the dispute

UCL UCU notes:

1. that before the Xmas break, UCU representatives wrote to the Provost of UCL formally seeking a commitment that
   1. 911±¬ÁÏÍøould permit staff who wished to teach online to do so where it was feasible to do so, and
   2. 911±¬ÁÏÍøould ensure that ventilation of teaching rooms was brought up to UCU's recommended standard of fresh air replacement of a minimum 12 litres of air per person per second.
2. that 911±¬ÁÏÍø met with UCU representatives last week, but declined to make such a commitment, especially with respect to (a).
3. that the Office for National Statistics estimatedÌýÌýat nearly 10% of the population over the Xmas period, 70% Omicron/30% Delta.
4. that flexibility to accommodate student absences due to Omicron and travel restrictions is likely to generate additional workload to carry out ‘blended’ teaching and repeat classes, and that UCU is calling on members to work to contract as part of the national dispute.
5. Section 44 of the Employment Rights Act 1996 protects staff who decline to work in what they believe to be unsafe conditions, and health and safety legislation (the Health and Safety at Work Act 1974, etc) places an obligation on staff towards the safety of others under their supervision, such as students in a class.

UCL UCU resolves to:

1. declare a dispute with UCL over health and safety, alongside a specific health and safety campaign, including a rapid survey of teaching conditions,
2. approach the other trade unions to join this campaign,
3. call a staff-student assembly to discuss the developing situation with students,
4. defend members who are placed under pressure to work in what they believe to be unsafe working conditions.

Motion 2 - health and safety when working and teaching on campus

UCL UCU notes that staff at 911±¬ÁÏÍø are expected to teach face-to face this term, without the necessary support in place to maximise the safety of staff and students.

UCL UCU further notes that H&S reps have asked UCL for:

1. A ventilation audit of all mechanically ventilated rooms to ensure that the air changes are at least 12 litres per second per occupant.
2. Carbon dioxide monitors installed in all teaching spaces to alert occupants of poor air quality.
3. A ten minute ‘void period’ between lectures; allowing air change between classes.
4. Signage indicating the current maximum occupancy for each room & ventilation data, (this was promised for the end of the week ending 12 November 2021).
5. Signage to inform staff how to report failures of ventilation or issues with window opening (i.e. through the Estates Help Desk).
6. Signage to explain the role of the carbon dioxide (CO2) monitors and how those using the space should respond if they go into orange or red.
7. Up-to-date signage about mask-wearing.

These measures have only been implemented in some rooms. Airborne transmission risks and the current high prevalence of the omicron variant means that the risk of infection in many of the current teaching spaces at 911±¬ÁÏÍø is unacceptably high.

Until the Omicron wave has subsided, H&S reps are calling for:

1. Suspension of face-to-face teaching in mechanically ventilated rooms where the ventilation rate is below 12 litres/second/person.
2. Suspension of teaching in rooms where there are no CO2 monitors – particularly those reliant on natural ventilation.
3. Suspension of teaching in rooms where reasonable temperatures cannot be maintained – due to failure of heating or need to open windows for adequate ventilation.
4. Suspension of teaching in rooms where there is no signage indicating the maximum room capacity and ventilation details.
5. Updating of institutional and departmental risk assessments to take into account the increased transmissibility and prevalence of the omicron variant.
6. Lateral flow testing for all staff and students on each day that they attend campus until the Omicron outbreak has passed.
7. A clear instruction to managers from the Provost reminding them that staff who are off sick must not be required to work (including teaching from home).
8. Teaching staff to be given the autonomy to teach online during the outbreak if they believe the risks of in-class teaching are too high, or, after discussion with students in their class, the class wishes to be taught online.
9. That workload implications that result from staff needing to change working practises, or cover for colleagues, be recognised and resourced.

UCL UCU resolves to:

1. Forward these demands to the Provost of 911±¬ÁÏÍøith a deadline for UCL to provide revised operational guidance to managers and staff taking account of these demands.
2. If UCL fails to meet this deadline, begin the formal processes in UCU to serve UCL into a formal notice to ballot members to take industrial action in a local dispute over health and safety.

Appendix 2: Can UCL ask staff to take risks to their own health?

UCL has a legal obligation under the Health and Safety at Work Act 1974 (etc) to take all reasonable steps to keep its employees, workers and contractors safe at work or on UCL premises, and this obligation extends to students and visitors. Were the university negligent it would be liable for personal injury claims and potentially, criminal prosecution.

Where there are known risks that cannot be avoided, the legal obligation is to carry out a risk assessment under the Management of Health and Safety at Work Regulations 1999, and to act upon it. The employer is obliged to consult with union health and safety representatives over these risk assessments.

The risk of COVID-19 infection is directly in proportion to the prevalence rate in the population, as well as the transmissibility of the variant. Yet 911±¬ÁÏÍø has not updated its institutional risk assessment (and thus departmental ones) to account for either of these factors. UCL has agreed to stop large face-to-face lectures in excess of 35, but there has been no review as to whether that threshold should be reduced further in the light of the Omicron variant of COVID-19.

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