24.Adoption of the Health and Safety Policy

COUNCIL –20 MAY 2008

24.ADOPTION OF THE HEALTH AND SAFETY POLICY

(DCES)

1.Summary

1.1To recommend approval of the Health and Safety Policy for 2008/09

2.Details

2.1The incoming Chairman and the Chief Executive are required to sign the Council’s Health and Safety Policy at Annual Council. The Health and Safety at Work etc Act 1974 places a legal duty on employers to produce a written Health and Safety Policy where more than 5 people are employed.

2.2The Policy specifies how the Council will achieve compliance with our health and safety duties and responsibilities. It contains the Statement of Intent (the Council’s commitment) and then the duties and responsibilities of every person within the organisation. It is enhanced by corporate policies relating to fire safety, first aid and other general issues with a corporate risk.

2.3The Council shares a Health and Safety Adviser with Watford Borough Council that brings benefits to both in terms of costs and shared best practice in procedures and training.

2.4The Corporate Risk Management Group continue to keep “watching brief” on health and safety compliance and risk issues. The Health and Safety Advisor and the Safety Co-ordinators hold regular, planned meetings and attend the Risk Group on a quarterly basis.

2.5Management Board are updated on compliance every two months and receive appropriate reports on legislative issues as appropriate. The identified work on risk assessments has been completed and a shared folder has been created to share information, assessments and good practice and also provides a valuable audit tool.

2.6A new Section has been added to the Policy to reflect the Councils duties under the Corporate Manslaughter and Corporate Homicide Act 2007. The report template has been amended to include “health and safety” implications along with the risk management implications. Work on amending the job descriptions for staff identified as having a duty under the Act and the provision of appropriate training is in progress.

2.7An internal training programme has been identified and is accessible to all Members of staff.

2.8Watford Borough is taking the lead on recruitment for the recently retired Health and Safety Advisor. In the meantime the Chief Environmental Health Officer is monitoring compliance.

3.Options/Reasons for Recommendation

3.1To recommend Council approval to the Health and Safety Policy

4.Policy/Budget Reference and Implications

4.1The recommendations in this report are within the Council’s agreed policy and budgets.

4.2The purpose of this proposed policy is to provide guidance and support to staff to enable full health and safety compliance as an organisation. At the end of one year, it is anticipated that the policy will have achieved full risk assessment of the Council’s functions; full health and safety compliance; full incorporation of the Corporate Manslaughter and Corporate Homicide Act provisions and a reduction in accidents.

5Financial, Legal, Equal Opportunities, Staffing, Environmental, Community Safety, Customer Services Centre, Communications & Website and Risk Management Implications

5.1None specific.

6.Risk Management and Health and Safety Implications

6.1The Council has agreed its risk management strategy which can be found on the website at The risk management implications of this report are detailed below.

6.2The subject of this report is covered by the Environmental Health service plan. Any risks resulting from this report will be included in the risk register and, if necessary, managed within this plan.

6.3There are no risks to the Council in agreeing the recommendation.

6.4The following table gives the risks that would exist if the recommendation is rejected, together with a scored assessment of their impact and likelihood:

Description of Risk / Impact / Likelihood
1 / Failure to address compliance issues under the Health and Safety at Work etc Act 1974 and associated legislation / III / F
2 / Failure to address the requirements of the Corporate Manslaughter and Corporate Homicide Act 2007 / V / F

6.5The risks detailed above are already managed within the Environmental Health service plan.

6.6The above risks are plotted on the matrix below depending on the scored assessments of impact and likelihood, detailed definitions of which are included in the risk management strategy. The Council has determined its aversion to risk and is prepared to tolerate risks where the combination of impact and likelihood are plotted in the shaded area of the matrix. The remaining risks require a treatment plan.

Likelihood / A / Impact / Likelihood
B / V = Catastrophic / A = >98%
C / IV = Critical / B = 75% - 98%
D / III = Significant / C = 50% - 75%
E / II = Marginal / D = 25% - 50%
F / 1 / 2 / I = Negligible / E = 2% - 25%
I / II / III / IV / V / F = <2%
Impact

6.7In the officers’ opinion none of the new risks above, were they to come about, would seriously prejudice the achievement of the Strategic Plan, and are therefore operational risks. The effectiveness of treatment plans are reviewed by the Audit Committee annually.

7.Recommendation

7.1That the Health and Safety Policy be endorsed by Council and signed by the Chairman and Chief Executive.

Report prepared by:Ted Massey, Chief Environmental Health Officer

Background Papers

Health and Safety at Work etc Act 1974 and associated legislation.

Three Rivers District Council Health and Safety Policy.

APPENDICES / ATTACHMENTS

Appendix 1 - Health and Safety Policy

This Health and Safety Policy document is made up as follows:-

(I)STATEMENT OF INTENT

(II)RESPONSIBILITIES FOR HEALTH AND SAFETY

(b) Section Heads

(c)Service Directors

(d)Health and Safety Management

(e)Management Board

(f)Chief Executive

(g)Elected Members

(h)Health and Safety Adviser

(i)Personnel Adviser

(j)Safety Co-ordinators

(k)Fire Wardens

(l)First Aiders

(III)DETAILED PROCEDURES

A.Corporate Implementation Arrangements

(i) / Emergency Evacuation of Buildings
(ii) / Accident and Incident Reporting
(iii) / Risk Assessments
(iv) / First Aid
(v) / Dealing with Bomb Threats at Three Rivers House(TRH)
(vi) / Guidance to Safety Co-ordinators
(vii) / Violence to Staff
(viii) / Panic Alarm Procedure
(ix) / Procedure for Visitors to TRH
(x) / Procedure for Out of Hours emergency evacuation of TRH
(xii) / Policy for Managing Asbestos
(xiii) / Protecting Young People at Work
(xiv) / Home Visits
(xv) / General Office Environment
(xvi) / Health and Safety Management Reporting System
Process Monitoring Documents
(xvii) / Health and Safety Report Form A
(xviii) / Health and Safety Report Form B
(ixx) / Health and Safety Report Form C
(xx) / Form HS1 Health and Safety Contravention Notices
(xxi) / Form HS2 Fire Warden Monthly Inspection Sheet

WHY HAVE A HEALTH AND SAFETY POLICY?

The Health and Safety at Work Act 1974 and associated Regulations require the Council to provide, as far as is practicable, a safe and healthy workplace for both staff and persons visiting Council premises or persons affected by our operations or services. The Act also requires the Council, as an employer of more than five people, to provide a written Health and Safety Policy to inform employees of the arrangements that have been made to ensure their health, safety and welfare whilst at work. The Health and Safety Executive are the enforcing authority for health and safety in local authorities. As such they will monitor the Council’s arrangements for health and safety.

The Health and Safety Policy includes the Statement of Intent, detailed responsibilities and detailed procedures which include implementation arrangements. In order to achieve this, the Council (in co-operation with employees) MUST:-

(i)maintain or improve standards of health, safety and welfare at work;

(ii)protect the general public against risks to health and safety arising out of work activities;

(iii)control the storage and use of dangerous substances;

(iv)ensure systems, procedures and training are in place for the management of health and safety;

(v)monitor, review and revise (as necessary) procedures;

(vi)provide a written statement of policy to each member of staff explaining in detail the arrangements and procedures for achieving the above;

(vii)formulate a plan to implement the Health and Safety Policy.

THE CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007

This Act, which came into force on the 6th April 2008, sets out a new offence for convicting an organisation where a gross failure in the way activities are managed, or organised, results in a person’s death.

Under a new approach, courts will look at management systems and practices across the organisation, providing a more effective means for prosecuting the worst corporate failures to manage health and safety properly.

An organisation will be guilty of the new offence if the way in which its activities are managed or organisedcauses a death and amounts to a gross breach of a duty of care to the deceased.

Juries will consider how the fatal activity was managed or organised throughout the organisation, including any systems and processes for managing safety and how they are operated in practice.

A substantial part of the failure within the organisation must have been at senior level.

Definitions:

• Gross breach - The organisation’s conduct must have fallen far below what could have been reasonably expected.Juries will have to take into account any H&S breaches by the organisation - and how serious and dangerous those failures were.

• Duty of Care - A duty of care exists for example in respect of the systems of work and the equipment used by the employees, the condition of worksites and other premises occupied by an organisation and in relation to products or services supplied to customers. The Act does not create new duties – they are already owed in the civil law of negligence and the new offence is based on these.
• Senior level - Means the people who make significant decisions about the organisation or substantial parts of it. This includes both centralised functions and those in operational management roles.

As a result of this new legislation Management Board has approved a 10-point Action Plan to secure compliance with the Act:

(1)Review the authority’s health and safety management system to ensure that it is effective and fit for purpose.

(2)Review the authority’s health and safety policy to ensure that all roles, accountabilities and responsibilities are clearly articulated and that any standards set are achievable.

(3)Review procedures to ensure compliance with existing health and safety laws and consider steps to promote a health and safety culture.

(4)Ensure that job descriptions reflect staff members’ roles in health and safety management, particularly at a senior level.

(5)Review the health and safety competencies of senior managers and provide with additional developmental opportunities and training if necessary.

(6)Ensure that all line managers have received training to enable them to manage and understand health and safety within the part of the organisation for which they are responsible.

(7)Review the annual governance statement and the strategic risk register with regards to health and safety management.

(8)Ensure that health and safety performance is regularly considered at board level and appoints, or ensures that, a director is made responsible for health and safety.

(9)Ensure that health and safety is incorporated into decision making processes and ensure proper scrutiny of the health and safety implications of policy decisions.

(10)Review accident management protocols for dealing with enforcement authorities.

While the responsibility for compliance with this particular piece of legislation lies with management and decision makers it is the duty of every employee to ensure that health and safety issues identified in the delivery of our day-to-day services are identified and addressed.

The above are both legal and moral requirements.

STATEMENT OF INTENT

1.The Three Rivers District Council recognises and accepts responsibility as an employer for providing a safe and healthy workplace and environment for all its employees; visitors and persons affected by the Council’s operations.

2.The Council will take all reasonably practicable steps and ensure adequate resources are provided to meet this responsibility, paying particular attention to:-

(i)The provision and maintenance of plant, equipment and systems of work that are safe.

(ii)Safe arrangements for the use, handling, storage and transportation of articles and substances used in connection with work.

(iii)Suitable and sufficient protective clothing and equipment where need is identified.

(iv)Sufficient information, training and supervision on health and safety matters to all staff.

(v)A safe access to and exit from the workplace.

(vi)Suitable and sufficient first aid and welfare facilities.

3.To support the primary responsibility of managers and supervisors for ensuring safe conditions of work, the Council will provide competent technical advice on health and safety matters.

4.No safety policy is likely to be successful unless it actively involves every member of staff. The Council will therefore co-operate fully in the appointment of safety representatives by recognised Trade Unions and will provide them, where necessary, with sufficient facilities and training to carry out this task. The Council will also co-operate by organising a Safety Committee, if requested by the Trade Union. Corporate compliance will be monitored at every level from team meetings to Management Board. In addition the corporate Risk Management Group will hold a watching brief on health and safety risk issues.

5.The Council will ensure that all employees are made aware of their obligations in relation to health and safety.

6.A copy of the current policy will be issued to all employees when they start their employment with the Council. Staff will be required to familiarise themselves with this Policy and bring to the attention of line managers any doubts they may have on its contents.

7.Every member of staff will have the opportunity to participate in the preparation of procedures, guidelines and ultimately this Policy.

8.There will be a continual monitoring and review of the Policy and its contents.

Signed:...... Signed:......

Chief Executive Chairman of the Council

May 2008

CHAIN OF RESPONSIBILITIES

ELECTED MEMBERS
MANAGEMENT BOARD
- Policy
- Corporate Training
- Resources
/ REPORT FORM C
CORPORATE RISK MANAGEMENT GROUP
- / Advice to Management Board and Staff
- / Identification of Corporate Resources
HEALTH AND / -
SAFETY DUTIES / - / Corporate H&S Monitoring
-
- / Review of Compliance
-
/ REPORT FORM B
SECTION HEADS
- / Departmental Plans + Procedures
- / Departmental Training Requirements and resources
- / Departmental Accident Recording, Reporting and Investigation
- / Information, Support and Liaising with H&S Adviser
Risk assessments
/ REPORT FORM A
SECTION MEETINGS
- / Working Procedures and Plans
- / Monitoring Progress of Plans and Procedures
- / Competent Person Reports on Risk Assessment Etc
- / Liaison with H&S Adviser
- dealing with local health and safety issues
GENERAL / SPECIFIC / CONTRACTORS
Risk Assessment / Competent Persons / Section Procedures
Office Safety / Visitors / Control of Security / Violence to Staff / 6 - Pack / Monitoring of H&S Policy / Contractors H&S Policy, COSHH, Safe Systems of Work / Action Re Non-Compliance with TRDC Requirements

RESPONSIBILITY OF ALL EMPLOYEES

THE SUCCESS OR FAILURE OF THIS POLICY IS DEPENDENT ON YOUR WILLINGNESS TO ACCEPT RESPONSIBILITY FOR ASSISTING THE COUNCIL IN IMPLEMENTING THIS POLICY

YOU are responsible for:-

• Working safely so as not to endanger yourself, your colleagues or the public. ‘Horseplay’ that comprises health and safety is a disciplinary offence.

• Following the given safety procedures and using the protective clothing and safety equipment provided.

• Reporting all accidents, near misses and hazards to your Section’s Line manager and Safety Co-ordinator.

• Not intentionally or recklessly misusing any item provided in the interests of health, safety and welfare, e.g. first aid boxes, fire extinguishers etc

• Co-operating with line managers in the assessment of working practices and conditions to enable written guidelines and procedures to be formulated.

• Acquainting yourself with the requirements of this Policy and the guidance instructions contained in it.

The arrangements for resolving health and safety problems are through Section/Departmental line management reporting procedures. If you can resolve a problem yourself, do so - if not, notify your Section Head. In both incidences form HS1 must be used with a copy to the Council’s Health and Safety Adviser (for information). These forms are to be found in the Corporate Implementation Section of this Policy (page 58).

Non-compliance with any part of this policy is (i) a disciplinary matter and (ii) may also lead to the prosecution of the individual by the Health and Safety Executive.

RESPONSIBILITIES OF SERVICE DIRECTORS

Service Directors and Heads of Service are responsible (in liaison with their Section Heads) for ensuring the health, safety and welfare of staff under their control. These include:

• The health and safety arrangements within his/her service.

• Ensuring, as far as is practicable, that the nominated postholders in their area, carry out their duties. To notify any changes in the nominated postholders to the Health and Safety Adviser.

• Ensuring that immediate steps are taken to cease any unsafe practices or use of dangerous or suspected machinery, substances, equipment or premises. In any case of doubt he will err on the side of safety and stop the practice or use until expert advice has been sought.

• Authorising time for staff training in health and safety matters and the attendance of Union Safety Representatives at Health and Safety Committee meetings.

• Ensuring that health and safety issues raised at monthly departmental meetings are reported to the Health and Safety Team on a monthly basis and vice versa.

• Ensuring that contractors do not put themselves, staff or the public at risk. Ensuring that the departmental officer commissioning contractors to work has a suitable and effective monitoring programme in place based on risk.

• Ensuring that adequate resources are identified and made available to support health and safety compliance.

RESPONSIBILITIES OF SECTION HEADS