This instruction applies to: / Reference:
National Probation Service / PI 46/2014
Issue Date / Effective Date
Implementation Date / Expiry Date
1 June 2014 / 1 June 2014 / 31 May 2015
Issued on the authority of / NOMS Agency Board
For action by / All staff responsible for the development and publication of policy and instructions
National Probation Service (NPS) Directorate
Instruction type / HR function
For information / All staff
Provide a summary of the policy aim and the reason for its development/revision / The aim of the policy is that all staff employed in the NPS Directorate of NOMS are enabled to engage in productive work as far as is reasonably practicable in an environment and culture in which their health is protected, regular attendance at work is supported, work-related health risks are adequately controlled and good health is promoted.
Contact / Shared Services HR Contact Centre 0845 010 3504
Associated documents / Policies as follows:
PI 37/2014 - NPS Management of Attendance
Health and Safety
Staff Resourcing
Equality of Treatment
Post Incident Care
Pandemic flu
And other associated Occupational Health and Safety Guidance Notes, My Services referred to in this PI
Replaces the following documents which are hereby cancelled:None
Audit/monitoring:Chief Officer Grades staff Pay Bands A-D will ensure local records are kept and monitored to demonstrate compliance with the mandatory actions set out in this instruction
Compliance with this Instruction will be monitored by Deputy Directors (DDs) within their Division.
Introduces amendments to the following documents: None
Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.
PAGE 1
CONTENTS
Section / Subject / For reference by1 / Executive summary / All NPS staff
2 / Operational Instructions
2.1 / Access tocompetent occupational health advice
2.2 / Making a referral to Occupational Health
2.11 / Work related stress
2.14 / Musculo-skeletal problems
2.16 / Pre-employment and pre-placement health assessments
2.20 / Risk assessment and control of occupationally acquired infectious disease and immunisation
2.30 / Specific health assessments
2.32 / Fitness to drive for work purposes
Annex A / Risk assessment and control of occupationally acquired infectious disease
1Executive summary
Background
1.1This PI sets out the occupational health (OH) policy to the National Probation Services Directorate of NOMS from June 1st 2014.
1.2There are a number of other NOMS PIs which cross reference to this OH policy and to which OH service delivery is particularly relevant; in particular these include policies relating to Management of Attendance and Health & Safety, which may all be found on the Internet. In addition, MyServices guidance & forms provide further information and should be read in conjunction with this policy where necessary.
1.3OH services incorporate services provided by a range of specialist and competent health care professionals (mainly specialist doctors and nurses). These services can help an organisation to:
- promote the physical and psychological well-being of its employees;
- prevent or minimise the risk of illness and injury arising from work activity;
- manage sickness absence and return to work plans after illness or injury;
- consider adjustments which enable staff with disabilities, (either temporary or permanent) to carry out their duties.
- OH services do not provide primary care to individuals. All staff should be registered with a GP for the care and treatment of health problems.
1.5All OH services to NOMS are provided via one Ministry of Justice, centrally run contract with a single external provider. This contract is harmonised with OH provision across the Civil Service and aims to provide consistent, high quality, cost effective OH services which offer NOMS opportunities to maximise efficiencies.
1.6Under the Health and Safety At Work Etc. Act 1974 and various associated Regulations, employers must:
- carry out risk assessment on significant hazards and implement measures to control risks to health, including carrying out health surveillance where indicated;
- provide information and training to staff on hazards and controls;
- appoint competent persons to help them assess and control risks (this includes occupational health practitioners).
Under the same legislation employees must:
- inform management of any work situation which may pose a serious and immediate danger to health, or of any shortcomings of measures designed by management to protect their health;
- take reasonable care for their own health and that of others who may be affected by their acts or omissions at work;
- co-operate with any reasonable requests from management to enable NOMS to comply with its statutory duties for the protection of their health.
Desired outcomes
1.7That all staff are enabled to engage in productive work as far as is reasonably practicable in an environment and culture in which their health is protected, regular attendance at work is supported, work-related health risks are adequately controlled and good health is promoted.
Application
1.8The PI applies to all staff and all sections should be read.
Mandatory actions
1.9All actions in this Instruction are mandatory unless otherwise specified and are shown in italics. All levels of management and all employees must ensure that they are aware of these mandatory actions and ensure this policy is implemented and adhered to.
Resource implications
1.10Local analysis of OH service requirements will determine the extent of occupational health provision needed to meet the requirements of this Instruction. The costs of provision from the external OH service provider to each locality will depend on the extent of requirements.
1.11Routine management referrals to OH and immunisations will be centrally funded; some specialist assessments and any health surveillance will be funded by the relevant NPS Division.
(Approved for publication)
Carol Carpenter
Director of Human Resources, NOMS
2Operational instructions
Access to competent occupational health advice
2.1Deputy Directors (DDs) must access competent occupational health advice and all OH services solely from the Ministry of Justice’s contract with the external Supplier.
Making a referral to Occupational Health
2.2All referrals to OH must be made via line managers. Employees wishing to be referred to OH must request a referral via their line manager – guidance on how to do this can be found on My Services.
2.3It can be appropriate to involve occupational health services (OH) in any situation where health is, or may be, impacting on the employee’s ability to carry out their duties, or where the employee’s work is impacting on their health.
2.4It is always appropriate for managers to refer an employee to OH who has a health condition which has the potential to impact on their own health and safety at work, or the health and safety of others.
2.5Employees must take reasonable care for the health and safety of themselves and that of other people who may be affected by their acts or omissions at work, and must also cooperate with management to enable NOMS to comply with its duty of care.
2.6If an employee knows or suspects that they have a health condition which may place them or their colleagues or any other person at an increased risk of harm at work (including driving any vehicle for work purposes as part of their duties), now or in the future, they must inform management accordingly. Employees are not required to share sensitive personal information about their health with non-medical personnel and managers should not seek it. Instead managers must refer such employees to Occupational Health for professional advice.
Work related stress
2.7Mental health problems, work related or not, account for a significant proportion of sickness absence in the UK.
2.8In accordance with the Management of Health and Safety at Work Regulations 1999, senior managers must ensure that systems are in place to:
- assess the risks to their employees health from stress and psychological hazards;
- implement procedures for managing those risks;
- keep the assessment and controls under review to ensure they remain effective.
See OH&S Guidance Note “Stress Management - Risk Assessments and the Management of Work related Stress”.
2.9Early referral to OH can often be of benefit. Employee Assistance is also available to staff. See My Services for details.
Musculo-skeletal problems
2.10Musculo-skeletal problems, work related or not, also account for a significant proportion of sickness absence in the UK.
2.11Early referral for physiotherapy assessment and treatment may be effective in the majority of common musculo-skeletal health problems – this is available via the OH provider, see My Services and OH&S Guidance note “Manual Handling”.
Risk assessment and control of occupationally acquired infectious disease and immunisation.
2.12There are a number of blood borne and other diseases prevalent in the prisoner/offender population and certain aspects of work in NPS/NOMS may incidentally expose employees to an occupational risk of contracting disease. As such the Control of Substances Hazardous to Health Regulations (COSHH) 2002 apply: see Annex A
2.13The COSHH regulations require employers to:
- carry out an assessment of risks to employees of biological agents (in this case, diseases) hazardous to health;
- eliminate, or adequately control the risks;
- provide information to staff on the hazards and the measures in place to eliminate or control them.
2.14Effective vaccines are available against some of the diseases (see Annex A). In addition to other measures designed to prevent or control the risk of exposure to these diseases (eg safe systems of work and the use of Personal Protective Equipment), employers are required to make arrangements for the provision of vaccination, free of charge, to employees who are at risk of contracting the diseases to which they are likely to be exposed at work. In NOMS, all staff immunisation is provided by the external OH Supplier.
2.15NPS senior managers must ensure that an assessment of the exposure risks to employees from communicable diseases in the workplace is carried out. They must also ensure that measures are implemented to eliminate or adequately control the risks.
2.16Such a risk assessment must be carried out by a person competent to do so and in accordance with the Guidance provided in NOMS Occupational Health Safety Guidance note “Risk Assessment and Immunisation Against Infectious Disease”. In practice, this will normally require collaboration between the Health and Safety Advisor, the relevant line manager with input from Occupational Health and the Immunisation Coordinator in the establishment to which the NPS location has been mapped.
2.17The record of risk assessment must be maintained both on:
A risk assessment record for the work area (usually by the H&S Advisor); and
for each employee and for each of the diseases for which vaccination is available on the employee Oracle Immunisation record (this will be maintained by the by the prison establishment Immunisation Coordinator to which the NPS work location has been mapped).
2.18NPS senior managers must ensure that exposed employees are provided with information on the risks, controls, diseases and vaccines available and that employees exposed to the diseases are individually assessed by an immunisation nurse and offered immunisation where indicated. All immunisations needed by staff at risk will be available from the OH provider.
2.19Employees identified in the risk assessment as being at risk, must attend an initial assessment with an immunisation nurse. The decision to accept the offer of any vaccinations recommended is entirely optional.
2.20Employees have legislative duties to take reasonable care for the health and safety of themselves and that of other people who may be affected by their acts or omissions at work and also to cooperate with management to enable NOMS to comply with its duty of care.
2.21NPS senior managers must ensure that any contracted companyused in the NPS are informed of the risks to which their employees may be exposed. They must also inform contracted companies that the contracted company is responsible for ensuring that their exposed staff are provided with information on the risks, controls, diseases and vaccines available, and offered immunisation where indicated by risk assessment.
2.22Where a member of staff has been given a course of Hepatitis B vaccination, they must be offered a blood test taken by the OH provider to measure their response to the vaccination. NPS senior managers must ensure that the employee is advised of the results of this test-in practice this information should be provided to the member of staff in a letter from the OH provider.
2.23NPS senior managers must ensure that arrangements are in place for managing employees who have been involved in an incident where they may be at risk of contracting blood borne diseases – e.g. needle stick injuries. Such arrangements should already exist in every prison and NPS senior managers should liaise with their local prison to confirm the details of their arrangements so that NPS staff can access them too. The arrangements must include:
- Immediate 24 hour access to medical risk assessment, medical advice and support, and post-exposure prophylaxis (PEP) where deemed medically appropriate;
- that employees who are at risk of exposure to blood or body fluids are informed of the risks and the local arrangements for referral following exposure in advance,(e.g. during induction) since prompt PEP treatment is critical to its success.
Specific health assessments
2.24Health assessments for carrying out specific tasks are required under various pieces of health and safety legislation and guidance – these are available from the OH Supplier if required. Health and Safety Advisors should be consulted when deciding whether these services are necessary.
2.25Where appropriate senior managers must ensure that health assessments are carried out for:
Night workers health assessments (optional but must be offered) as required by the Working Time Regulations
Fitness to drive for work purposes
2.26Employees who drive vehicles for work purposes as part of their duties must hold a valid licence and be fit to drive. All vehicle licence holders must be fit to drive - the legal basis of fitness to drive lies in the 2nd EC Directive on driving licences (91/439/EEC) which came into effect in the UK in January 1997, the Road Traffic Act 1988 (especially Sections 92 and 93) and the Motor Vehicles (Driving Licences) Regulations 1999.
2.27It is the duty of the licence holder to notify the Driver and Vehicle Licensing Agency (DVLA) of any medical condition which may affect safe driving.
2.28Further advice or information on this Instruction or the systems contained within it can be sought from:
Shared Services -
For HR processes/enquiries - 0845 010 3504
Annex A
Risk assessment and control of occupationally acquired infectious disease
The aspects of work which may expose NPS employees to disease are set out in the table below:
Aspects of work which may expose NPS employees to occupational disease/ Disease / Is effective vaccine available?
Prisoner/offender contact, where there is a potential exposure to infected blood or body fluids. In the occupational setting, especially when working in Approved Premises, there is potential for this to occur through:
Needle stick or sharps injuries
Bites that break the skin
Contamination via uncovered cuts, abrasions, wounds
Potentially through the viscous fluid in the eyes / Blood borne viruses:
Hepatitis B
Hepatitis C
HIV / Yes
no
no
Prolonged prisoner/offender contact, especially when working in Approved Premises, where offenders may have active pulmonary tuberculosis. / Tuberculosis / Yes
PI 46/2014ISSUED DATE 01/06/2014