June 2000 Volume 81 Number 6 "serving the protectors"
By Mark Carroll PASA Assistant Secretary

Current Issues

The Police Association regularly queries decisions of an industrial or OHS&W nature with the employer. Members may be interested to know current issues on which the association has “taken up the reigns”, so to speak:

Solo Patrols

Transit Division officers recently submitted a default notice regarding the proposed use of solo patrols on the trains. The decision to utilise members outside of existing working arrangements was alleged to have been taken without consulting the employees. As a result of the default notice a meeting between management, employees, PASA and an inspector from the Department of Administrative and Industrial Services was held. The default notice was lifted on the understanding that a consultative work group would first consider all implications regarding the proposed change to working arrangements and associated safety issues before any implementation of solo patrols.

Further, the association has written to the Commissioner of Police regarding the issue generally. The use of solo patrols was last evaluated by SAPOL and PASA in 1993, which resulted in Command Circular 91/23 - “Operational Guidelines Governing Use of Solo Patrols”. Any changes to work practices have been considered as part of EB2. At clause 7.3 - Process Re-engineering - as part of SAPOL’s continuous improvement program the continued examination of systems, processes and work practices and subsequent implementation of change will be the subject of consultation with employees and the Police Association. It is the association’s view that the change to working conditions of Transit members comes within the gambit of the EA. As such, PASA has requested SAPOL to convene a meeting with a view to establishing protocols on consultation etc regarding this most important issue.

Unsatisfactory Performance

Section 46 of the Police Act 1998 applies to members not performing duties satisfactorily or to applicable performance standards. The section lists a process to be followed by the Commissioner when this is so, which at the very worst, allows for the member’s appointment to be terminated. At part (5), the legislation states that no action by the Commissioner can be taken unless the member has first been advised of his or her unsatisfactory performance and given specific details of the areas of the underperformance, the performance standards to be attained and the measures taken for improvement.

The association has become aware recently of some members being asked to sign performance management agreements relative to underperformance issues. Naturally, those members contact the association regarding the legalities of such agreements.

The association has written to the Commissioner seeking the establishment of a working party with a view to consider standardized, consistent and acceptable protocols for managers to place members on performance contracts in relation to Section 46 that are appropriate.

Vehicle Specifications

The Police Association has recently become aware that a review was conducted by SAPOL into unmarked police fleets. As a result of this review, some vehicles previously fitted with the “police pack” are no longer to be fitted with this option. The association is concerned with this decision taken by the Commissioner and the process involved. As a result the association has sought clarification on the following points:

• What consultation occurred between SAPOL and its employees relative to this change?
• Has this issue been discussed with any OHS&W committee within the SAPOL structure?
• For what purpose was this review undertaken and have the decisions been made due to budgetary considerations?
• With regard to removal of the passenger air bag, what safety considerations were considered?
• What training has been provided to members required to drive unmarked police fleets without the “police pack”?

The association is concerned that the decision to remove items that can only be described as normal safety equipment has been made without proper consultation or consideration of OHS&W issues.

ASP Batons

The association is aware of the removal of PR24 batons from patrol vehicles. Notwithstanding the many arguments for and against either the ASP or PR24 baton, we have asked the Commissioner of Police to advise our office of the consultative process undertaken by SAPOL in arriving at this decision. Many members have complained to the association that they have had no involvement in this decision-making process through their OHS&W consultative committees. We await the Commissioner’s response.

OC Spray

The association has been advised that two community constables working at Amata have been carrying OC spray during a recent trial. The trial has apparently ended. As yet, the OC spray has not been issued to other community constables working on the Lands.

The association has requested the Commissioner to advise on the outcomes of the trial and intention or otherwise of SAPOL to provide all community constables working on the Lands with OC spray.

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