health and safety management policy – e-docs 1340 · training occupational health adverse event...
TRANSCRIPT
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2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3
PART 2 – PROCEDURE SECTION
Organisation and arrangements Duties and responsibilities Risk assessment and control Advice and information Consultation Training Occupational Health Adverse event (accident) reporting Auditing and inspection Monitoring and review Policy Makers
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Health and Safety Management Policy – e-docs 1340
This policy meets the statutory requirements for the service to publish a policy setting out the Services approach to the management of health and safety at work.
OWNER Health Safety and Wellbeing Manager LAST REVIEW June 2016 REVIEW DUE DATE June 2017 VERSION CONTROL/AMEND SCHEDULE
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CROSS REFERENCES Health and Safety at Work etc Act 1974 Management of Health and Safety at Work Regulations 1999 Safety Committee and Safety Representatives Regulations 1977 Corporate Risk Management Framework Management of Health and Safety at Work e-docs 1342 Accident Reporting e-docs 308 Provision and Use of Work Equipment e-docs 1350
CONTENTS Section
1.1 1.2
Title
PART 1 – POLICY SECTION Policy statement Scope of policy
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3.1
3.2
3.3 4
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 5
5.1 5.2 5.3 6 7
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People with specific health and safety responsibilities Service Health Safety and Welfare Committee - membership Organisational Chart Line Managers and their Health and Safety Responsibilities Health and safety management Line Managers H&S Responsibilities Safe Working Environment Safe Working Practises Safe Systems of Work Safety Training and Competence of Staff Consultation Adverse Events Support for Line Managers Summary of H&S Legislation Relating to CFRS Work Activities Statute Law Civil Law Principal H&S Legislation H,S&W Manager – Terms of Reference Service Health, Safety and Welfare Committee Constitution Committee Activities and Support Operational Risk Management Safe Person Concept Operational Risk Management Model
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Health and Safety Management Policy The Cheshire Fire Authority (CFA) recognises its legal and moral health and safety (H&S) obligations to its employees and all others who may be affected by its’ operations.
The Chief Fire Officer is accountable to the CFA for H&S in the Cheshire Fire and Rescue Service (CFRS). The management of H&S is an essential element of our Corporate Governance and our business management; it is fundamental to the delivery of our Integrated Risk Management Plan (IRMP). Our employees and volunteers are our most valuable resource, managing their H&S is a key element of our organisational performance. Proactive H&S management will not only benefit our staff and volunteers but will contribute to the delivery of a safe, effective, efficient service to the people of Cheshire East, Cheshire West and Chester, Halton and Warrington; which aim is embedded in our IRMP.
We are committed to
Complying with the Health and Safety at Work etc Act 1974 and all our legal obligations for H&S; we view this as the minimum standard to be achieved.
Following national guidance issued to Fire and Rescue Services. Continuously improving our H&S performance. Supporting the Safe Person Concept as an essential aspect of our operational
safety management
We will Appoint a Principal Officer to be responsible to the Chief Fire Officer for the
implementation of this policy throughout CFRS. This is the Deputy Chief Fire Officer.
Manage all aspects of H&S, developing specific policy and procedure to address the significant H&S risks to the organisation.
Ensure risk management and health, safety and welfare are integrated into the management and decision making process.
Resource the implementation of this policy as far as reasonably practicable. Appoint H&S advisors to provide specialist advice to line managers and staff as
appropriate. Identify and assess the reasonably foreseeable risks posed by our activities to
our staff, visitors, contractors and others and so far as is reasonably practicable eliminate or control those risks.
Investigate all unforeseen events as appropriate and take management action with a view to preventing a recurrence.
Consult our staff and representative bodies on H&S issues and encourage them to be proactive in the management of their H&S.
Provide our staff with the information and training necessary for them to carry out their jobs competently, safely and without undue risk to their health.
Supervise our staff to ensure our policies and procedures are implemented.
PART 1 – POLICY SECTION
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Make arrangements to manage emergencies that may arise as a result of our operations.
Make arrangements to ensure the H&S of contractors on our sites. Review our H&S performance at regular intervals to identify where
improvements are necessary. We will develop and implement plans to achieve those improvements.
Review our H&S policy and management arrangements annually with the aim of continuously improving these aspects of our activities.
Include a summary review of our H&S performance in our annual report.
We must balance our responsibilities to the public with our responsibilities to our staff we will do this through a process of risk assessment. For operational staff our Service risk assessments will be based on the National Operational Guidance published by the UK Fire and Rescue Services and Generic risk Assessments published by the Chief Fire Officers association (CFOA) and customised for the Service these will be supported by the Dynamic Operational Risk Assessment and Analytical Risk Assessment processes. We will use the National Health and Safety Framework published by CFOA as the basis for managing operational health and safety risks. In a high risk organisation such as the fire and rescue service a positive safety culture is critical; this requires all our managers and staff to maintain a high degree of safety awareness. We therefore seek to develop and maintain a pragmatic, positive, open culture where H&S are seen by all staff to be fundamental to everything we do and for all staff to accept their personal responsibility for their own H&S and that of others who may be affected by their actions. The roles, responsibilities, organisation and arrangements for achieving this policy are set out in the subsequent sections of this document.
Paul Hancock Councillor Bob Rudd Chief Fire Officer Chair of the Cheshire Fire Authority Date: 12 September 2016
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Scope of Policy This policy applies to all permanent and temporary employees, volunteers, cadets and agency staff.
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2. Organisation and Arrangements
2.1 Duties and Responsibilities 1. The Chair of the CFA is responsible for agreeing the health and safety (H&S)
policy and ensuring adequate resources are available to the Chief Fire Officer (CFO) to manage it effectively.
2. The CFO of the Cheshire Fire and Rescue Service (CFRS) is responsible for the
safety of all operations, and for the safety of others that may be affected by those operations. He is accountable to the CFA for the discharge of these duties.
3. The CFO has appointed the Deputy Chief Fire Officer to be responsible for
developing and implementing H&S policy and procedures throughout CFRS.
4. The CFA has appointed a member champion for H&S. 5. The CFO and the Policy Approval Group are responsible for strategic planning for
H&S, for further details of the Planners role see Scheme of Delegation and Management of Health and Safety 2/1 (e-docs 1342).
6. The CFO has appointed specialist advisers to provide management and staff with
advice on H&S. 7. H&S are line management responsibilities. Managers of Departments, or Section
Managers where no departmental manager exists, must make their line managers, team leaders or supervisors aware of their particular accountabilities and responsibilities within Service procedures. Section 2.1 lists the names of staff responsible for managing different aspects of CFRS. Section 2.3 shows the management organisation chart.
8. At every level the line manager has the duty to make sure that:
the hazards in the operations they are responsible for are identified and the significant risks assessed and eliminated or controlled as far as is reasonably practical
the training needs of each member of his/ her staff are identified and met they provide each member of their staff with the appropriate information
and instruction to allow them to carry out their job competently, safely and without risk to their health
they supervise each member of their staff at an appropriate level, taking into account their knowledge, experience and ability
that accidents and near misses are reported that accidents, work related ill health and near misses are investigated as
appropriate
PART 2 – PROCEDURE SECTION
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they manage the return to work of staff who have been absent due to illness.
Section 4 provides further detailed guidance on the H&S responsibilities and duties of line managers whilst Section 5 gives a brief overview of the law that applies to Service managers.
9. Every CFRS employee has the duty to:
take care of their own H&S and that of their colleagues and others who may be affected by what they do or neglect to do when at work
follow the H&S procedures set out by CFRS follow reasonable instructions issued by their managers co-operate fully with managers in the implementation of CFRS H&S
policies and procedures to ensure duties imposed on the Service are complied with
not intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety and welfare
use machinery, equipment, substances and transport equipment in conformity with training and instruction provided
report any unsafe acts or conditions to their line manager report all accidents or near misses using the CFRS reporting system.
2.2 Risk Assessment and Control 1. Risk assessment underpins the management of health and safety in CFRS
2. The purpose of risk assessment is to identify hazards related to our activities,
assess the significant risks arising from those hazards and as far as is reasonably practical to eliminate or control those risks.
3. CFRS has risk assessment procedures covering all aspects of its activities these
include Manual Handling, Control of Substances Hazardous to Health, Dynamic Operational Risk Assessment and Analytical Risk Assessment procedures. (See H&S 4/1 – Risk Assessment (edocs 1358) for general guidance)
4. No new activity will be undertaken without first being subject to a risk assessment.
5. Risk assessment is a management responsibility. 6. Risk assessment is a line management tool that informs the development of safe
working practices.
7. CFRS utilises the National Operational Guidance and Generic Risk Assessments when developing operational risk assessments.
2.3 Advice and Information
1. The CFO has appointed a Health, Safety and Wellbeing Manager to advise on the
discharge of the duties outlined above. The terms of reference for the Health, Safety and Wellbeing Manager are set out in section 6.
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2. We employ specialists as necessary to provide advice on aspects of Health,
Safety and Wellbeing such as Occupational Health and Fitness.
3. Specific policies, procedures and codes of practice relating to work on our sites or elsewhere by CFRS staff are listed on the CFRS intranet site. These must be observed by all staff and by visitors to our sites
4. Guidance relating to health safety and wellbeing is provided on the H&S intranet.
5. All CFRS employees have access to the H&S team for health, safety and
wellbeing advice relating to their work. 6. Line managers will provide staff with information and instruction relevant to their
work. 7. All new staff will be provided with a copy of this policy, organisation and
arrangements and will be required to sign the form in their starter pack stating that they have read and understood it.
8. All new starters will be given advice and information relating to their work as part
of essential induction. 9. Urgent safety information is disseminated using a system of safety flashes. Less
urgent health and safety information is provided to staff using the weekly Green bulletin, the Intranet system and campaign posters.
10. Management and Health and Safety guidance notes are issued in support of
Standard Operating Procedures (SOPs). These enable managers to apply the provisions of the SOP in other ways provided they can demonstrate that they have satisfactorily complied with the guidance.
2.4 Consultation 1. CFRS has established a Safety, Health and Welfare Committee to
provide a formal consultative mechanism on health and safety issues for all staff.
2. The terms of reference for this Committee are set out in section 7, the names of the Committee Chairman, Vice Chairman and Secretary are shown in section 2.2.
3. The minutes of the consultative committee meetings are circulated to all workplace
premises and published on the CFRS intranet. 2.5 Training 1. CFRS provides all new staff and Fire Authority members with H&S training as part
of its induction process.
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2. We require line managers to attend Directing Safely, NEBOSH Certificate, Managing Safely or equivalent training as appropriate.
3. CFRS provides training for general risk assessment and manual handling as well
as specific work related training courses this will be prioritised and commissioned through the Resource Development Group.
4. Line managers will assess training needs for their staff as part of the appraisal
process and ensure that these requirements are met. 5. CFRS will provide all staff with the information and training to allow them to carry
out their job with the least risk to their H&S. The aim is to develop safe, competent employees this is especially important as the “Safe Person Concept” (section 8) is a key element of managing the risks in operation incidents.
6. Some CFRS activities require a minimum demonstrated level of competence and
experience, which will be assessed in accordance with the Service’s assessment strategy.
7. CFRS provides the opportunities for staff to maintain their professional
competency where this is required for their role. 2.6 Occupational Health 1. CFRS has a Corporate Health Policy and Strategy aimed at ensuring the health,
fitness and wellbeing of all our employees.
2. CFRS has an Occupational Health Unit (OHU) to support our health policy. 3. The OHU will carry out pre-employment health screening on behalf of CFRS. 4. Within the constraints of medical confidence the OHU provides information to
managers with regard to the fitness of their staff and the rehabilitation of staff following illness or injury.
5. The OHU provides support and advice to staff with regard to their health and
wellbeing 6. OHU will organise health surveillance programmes as necessary
7. The Service Fitness Adviser provides employees with advice on fitness as well as
supporting operational staff in maintaining the required level of fitness for their duties and conducting fitness tests.
2.7 Adverse Event (Accident, Near Miss, Dangerous Occurrence and Incident) Reporting and Investigation 1. CFRS has a procedure for reporting adverse events.
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2. CFRS employees are required to report all adverse events that lead to injury, illness or damage to CFRS property or equipment if these arise out of their duties for CFRS. No employee will be blamed for reporting an accident although following investigation deliberate negligence may lead to disciplinary action.
3. CFRS employees are required to report all near misses that arise out of their duties
for CFRS; these are adverse events that did nor lead to injury or damage but may have done so; these near misses provide a valuable learning tool.
4. CFRS will report injuries, illness and dangerous occurrences to the Health and
Safety Executive to meet the requirements of the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013.
5. Line managers will investigate reports of adverse events as appropriate with a
view to identifying the root cause and preventing a recurrence. 6. CFRS senior management team in association with the Service Solicitor will
commission formal accident investigation boards to inquire into serious accidents, incidents or dangerous occurrences.
7. Adverse event reporting will contribute to the review of H&S performance. 2.8 Auditing and Inspection 1. CFRS will participate in the CFOA North West Region H&S audit programme. 2. CFRS will conduct internal audits to monitor the implementation of this policy and
associated H&S policies and procedures. 3. CFRS will set up an annual, internal programme of work place inspections. 4. CFRS will commission independent audits of its safety management as
appropriate. 5. The outcomes of the inspections and audits will form part of our review of H&S
performance. 2.9 Monitoring and Review 1. CFRS SHSWC will monitor H&S performance against targets and key
performance indicators on a three monthly basis
2. CFRS Principal Officers in conjunction with the Senior Management Team will set targets to achieve a continuous improvement in H&S performance
3. The annual review of H&S performance will contribute to the review of this policy,
organisation and arrangements.
4. The review of H&S performance will form part of the CFRS Annual Report.
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5. CFRS will provide the Fire Authority with an annual report on our Health and Safety performance.
3. Policy Makers 3.1 People with Specific H&S Responsibilities Chief Fire Officer CFO Paul Hancock Deputy Chief Fire Officer DCO Mark Cashin Head of Property Management Brian Wallace Health, Safety and Well Being Manager Neil Wilson Health and Safety Adviser Julia Morrison Fitness Adviser vacant Fire Brigade Union H&S Representative George Peers Occupational Health Nurse Sian Constable 3.2 Service Health, Safety and Welfare Committee Chair of Committee DCO Mark Cashin CFA Champion Cllr D Flude CFRS Solicitor Mrs J Nixon Service Delivery AM A Waller Operational Planning and Assurance AM G O’Rourke Prevention and Protection AM K Brooks Occupational Health Unit Ms S Constable People and Development Mr C Rabhani Head of Property Management Mr B Wallace Finance Ms C Wathen Planning, Performance and Communications Ms C Wathen Health Safety and Wellbeing Manager Mr N Wilson Health and Safety Adviser Ms J Morrison FBU H&S Representative Mr G Peers FBU Secretary Mr A Fox-Hewitt FBU Chair Mr S Hammond FOA SM M Clark UNISON Vacant
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3.3 Organisation Chart
Member H&S Champion Cllr Flude
Chief Fire Officer Paul Hancock
Deputy Chief Fire Officer Mark Cashin
Legal and Democratic Services
Andrew Leadbetter (Monitoring Officer
Head of Planning Performance &
Communications Tim Bevington
Head of People and
Development Andrea Harvey
Head of ICT Graham Foster
Head of Operational
Policy & Assurance
Gus O’Rourke
Head of Finance Paul Vaughan
Head of Service Delivery
Alex Waller
Head of Prevention
and Protection
Keith Brooks
Health Safety and Wellbeing Manager
Neil Wilson
Line Managers
H&S Advisor
Julia Morrison
Line Managers
Line Managers
Line Managers
Line Managers
Line Managers
Line Managers
Line Managers
Line Managers
Fitness Advisor Vacant
First Aiders
H&S Reps DSE
assessors Workplace assessors
Staff with H&S responsibilities
First Aiders
H&S Reps DSE
assessors Workplace assessors
First Aiders
H&S Reps DSE
assessors Workplace assessors
First Aiders
H&S Reps DSE
assessors Workplace assessors
First Aiders
H&S Reps DSE
assessors Workplace assessors
First Aiders
H&S Reps DSE
assessors Workplace assessors
First Aiders
H&S Reps DSE
assessors Workplace assessors
First Aiders
H&S Reps DSE
assessors Workplace assessors
First Aiders
H&S Reps DSE
assessors Workplace assessors
Policy Makers Planners Implementers H&S Advisors
Facilities Brian
Wallace
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4 Line Managers and their Health and Safety Responsibilities 4.1 Health and Safety Management 1. CFRS is committed to ensuring the health, safety and welfare of all employees,
volunteers, contractors, visitors and others who may be affected by the work we carry out. Achieving these objectives requires that managers must recognise their responsibilities for the activities they manage and the staff who report to them.
2. In addition to this all employees and volunteers must recognise, accept, understand
and exercise their own responsibilities for their own H&S and that of others who may be affected by their actions or omissions.
3. This guidance applies to all CFRS personnel who have any responsibilities for
managing staff. For simplicity all such personnel are referred to collectively as line managers in this document.
4. CFRS as an employer is responsible for ensuring H&S in the workplace by:
Providing a safe working environment Establishing safe working practices Ensuring that staff are adequately trained and competent and providing staff
with information that allows them to work safely Consulting staff and or their representatives on issues that affect their health,
safety and welfare. 5. A key component of any H&S management system is the management of hazards
and risks; this involves
The identification of hazards. The evaluation of risks to human health and the environment. Development of measures to eliminate or control these risks. Developing safe systems of work (SSW) Implementing the SSW Monitoring the implementation of the control measures and SSW.
4.2 Line Managers’ Health and Safety Responsibilities 4.2.1 These include:
Familiarisation with and implementation of CFRS H&S policy and procedures Ensuring no new activity is undertaken without first being the subject of a risk
assessment. Ensuring that risk assessments are completed and reviewed regularly taking
account of high risk groups such as women of child bearing age, inexperienced staff, young, disabled and vulnerable people
Ensuring that their staff are aware of the hazards in the workplace and the measures necessary to control the resulting risks
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Ensuring that their staff are aware of the emergency evacuation arrangements Identifying those staff with specific needs in relation to emergency evacuation
and developing a personal evacuation plan for each of those staff. Ensuring that their staff are aware of the first aid arrangements Ensuring that their staff are trained and competent to carry out the duties
required of them. Providing appropriate supervision, this is especially important for young and
inexperienced staff and others in high risk groups or whose work is particularly hazardous. Line managers must ensure that their staff follow H&S rules, instructions and safe working practices.
Include health and safety in team briefings/meetings. Regularly reviewing the working practices to improve health and safety Ensuring that their staff are aware of and use the accident, incident and near
miss reporting procedures employed by CFRS. Investigating accident and work related ill health reports as appropriate. Managing the return and rehabilitation of staff who have been away from work
due to illness.
4.2.2 Line managers are entitled to expect co-operation from their staff in implementing the H&S policy and procedures; this co-operation is a key element of their staff’s own responsibilities under H&S legislation.
4.3 Safe Working Environment 4.3.1 A safe workplace
CFRS is committed to providing a properly equipped and safe workplace for its staff and visitors. Workplace inspections are part of the management culture within CFRS, aimed at encouraging good working practices and identifying where improvements are needed. These underline the high priority CFRS puts on H&S and are a proactive input in the management of H&S.
Line managers should carry out regular inspections of the areas and work for which they are responsible to assure themselves that they are meeting their responsibilities and submit the inspection reports to the H&S Section.
4.3.2 Safe equipment and its use CFRS is committed to providing a properly equipped and safe workplace for its staff
and visitors this includes the provision of safe equipment. See Provision and Use of Work Equipment Policy (e-docs 1350)
Line managers are responsible for ensuring that their staff work in a safe manner with safe equipment. They are also responsible for ensuring that the equipment used by staff is properly maintained and serviced. However, the practical duties are delegated to competent persons: engineers, contractors, maintenance technicians and employees.
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Examples of equipment where specific safety considerations apply include; vehicles, portable electrical equipment; lifting equipment, scaffolding and ladders; all of which require regular servicing and maintenance or inspection.
4.4 Safe Working Practices
4.4.1 Risk assessment Line managers must ensure that all risks associated with all work done by their staff are assessed by complying with H&S 4-1 Risk Assessment (e-docs 1358) and H&S 4-5 Risk Assessment Methodology and Guidance (1360). Risk assessments are management tools that inform the development of safe working practices. Safe working requires assessment of the risks associated with the work. The assessments must: Be adequate and appropriate Be properly recorded where necessary Be reviewed as defined in the assessment or when there have been changes
to equipment, procedures or personnel, see the risk assessment procedure. Take account of high risk groups. Authorised by the next line manager in the management chain to confirm their
validity and accuracy: o When first recorded o At the time of review.
4.4.2 The authorisation of a risk assessment is an indication that the line manager has
recognised the hazards and evaluated the risks associated with the work and is assured that the staff under his or her management control are sufficiently well informed and trained to work safely and responsibly. Failure to authorise an assessment does not relieve the line manager of any responsibility for H&S. It is important to note that written risk assessments should be available to all staff who are conducting the work and are therefore affected by the risk assessments. Risk assessments have been carried out for a wide range of CFRS activities including many generic risk assessments. CFRS utilises the Fire Service National Generic Risk Assessments (GRAs) when developing its operational risk assessments. Line managers must be aware of all of the central/generic/specific risk assessments relevant to the activities they supervise. The Health & Safety Team can advise on what is available.
Risk assessments may be accessed via the CFRS H&S intranet site.
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4.5 Safe Systems of Work 4.5.1 The responsibility for safe working extends beyond the risk assessment itself.
Line managers must ensure that protocols and work practices developed from, or quoted by, the assessments incorporate all the risk control measures specified in the assessments.
4.5.2 They must also ensure that the protective measures are used correctly and that
the protocols are adhered to. 4.5.3 The Service Operational Planning and Assurance Department has developed a
series of standard operating procedures for operational staff based on the National Operational Guidance published by the UK Fire Services and GRAs issued by CFOA.
4.6 Safety Training and Competence of Staff Line managers are responsible for ensuring that staff are competent to carry out
their work safely by: Identifying the training needs for each individual. These may change as the
individual’s duties change. Implementing the training programmes identified for their staff Delegation to competent trainers and other supervisors is acceptable,
especially where others have particular expertise in a technique or wider area of work
Monitoring the outcome including for certain identified high-risk activities formal assurance of competence
Operational line managers must ensure that their staff are trained to meet the requirements of the Safe Person Concept to support the Dynamic Operational Risk Assessment process; this is key a key element of operational safety management.
4.7 Consultation 4.7.1 Formal arrangements for consultation exist through the Service Health Safety
and Welfare Committee. 4.7.2 Line managers must consult their staff on the development of new systems of
work, the risk assessments underpinning these systems of work, control measures arising from the risk assessments and any new equipment introduced into the workplace.
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4.8 Adverse Event (Accident, Near Miss, Dangerous Occurrence and Incident) Reporting 4.8.1 Line managers must be familiar with the arrangements for reporting all adverse
events. They must make their staff aware of the procedures in place – see H&S 5/1 Accident Reporting (e-docs 208). Line managers must ensure that adverse events resulting in an injury or ill health to a member of staff or damage to property, equipment or the environment are investigated appropriately.
4.8.2 Where any written report is made following an investigation, the line manager
should be involved in any discussions that may lead to changes in working practices.
4.9 Support for Line Managers 4.9.1 The responsibilities outlined in this guidance note and CFRS health and safety
policy statements cannot be met without proper support. Initially this is provided in the form of written policy and guidance and through attendance at health and safety training, seminars and briefing sessions.
4.9.2 Further advice and support is provided through access to the CFRS Health and
Safety Advisers and through them further specialist support as necessary. 5 Summary of Health and Safety Legislation Relating to CFRS Work Activities
This section is not a complete guide to health and safety legislation but offers summary guidance to line managers on major legal requirements and responsibilities.
5.1 Statute Law
Under Statute law, an individual or employer may be prosecuted for breaking an Act of Parliament or any specific provision in regulations or other statutory instruments. This includes the Health and Safety at Work etc. Act 1974 and all the regulations made under the Act. The employing organisation may also be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007
5.2 Civil Law
Under civil law, an injured party can sue for damages on account of the negligence of a third party. To prove negligence, and thereby a right to damages, the injured party has to establish:
That the defendant owed the injured party a duty of care. There was a breach of duty.
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That damage resulted from a breach of duty. An injured party can sue a corporate body or an individual, although the latter is unlikely if the individual has acted in accordance with the arrangements and policies of the employer.
5.3 Principal Heath and Safety Legislation
5.3.1 Health and Safety at Work etc. Act 1974 (HASWA)
The 1974 Act places statutory duties on employers and employees and relates to all those affected by work activities including visitors, students, contractors and any others who may be affected. The employer must ensure, so far as is reasonably practicable, the health, safety and welfare of all employees by:
Providing safe plant and systems of work Safe storage and use of materiel Providing information instruction and training Ensuring the workplace and working environment is safe
The employer must not put at risk any other person that may be affected by the work activity. Employees must:
Take reasonable care of their own health and safety and that of others who may be affected by their activities.
Co-operate with the employer to ensure that the employer can meet their statutory obligations.
Not intentionally interfere with or misuse anything provided by the employer in the interests of health and safety
The Act also sets out the function and powers of the Health and Safety Executive, the processes for enforcing the Act and the penalties for failure to comply with the legislation. 5.3.2 The Management of Health & Safety at Work Regulations 1999 Amongst the provisions of these regulations, employers are required to:
Assess the risks to health and safety arising from work activities Make arrangements for health and safety (including planning, organisation,
control, monitoring and reviews) Provide employees with proper information and training.
Employees are required to:
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Use equipment, hazardous substances, risk control measures etc. provided by the employer in a proper manner following the instructions of the employer.
Inform the employer of any deficiencies in the arrangements, e.g. faulty equipment, unsafe machinery and conditions.
It is important to realise, however, that once the employer supplies equipment, training etc., the responsibility does NOT totally pass to the employee to do things properly: e.g. if eye protection is provided for working in workshops it is line management responsibility to ensure that it is used. The employer- including all those given management authority and responsibility by the employer - must continue to ensure staff under their management control work to specified procedures, work safely and use equipment properly. (See H&S 2/1 - Management of Health and Safety) 5.3.3 Other Major Legislation Regulations made under HASWA are designed to aid compliance with the major provisions of that act. These and additional legislation applicable to CFRS include:
The Control of Substances Hazardous to Health Regulations (COSHH) 1999 ( H&S 2/15 – Control of Substances Hazardous to Health)
Reporting of Incidents, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013
Control of Noise at Work Regulations 2005 The Ionising Radiations Regulations 1999 The Health & Safety (Display Screen Equipment Regulations) 1992 The Manual Handling Operations Regulations 1999 The Provision and Use of Work Equipment Regulations 1998 Lifting Operations and Lifting Equipment Regulations 1998 Personal Protective Equipment Regulations 1992 Workplace (Health Safety and Welfare) Regulations 1999 Working Time Regulations 1998 Work at Height Regulations 2005 Confined Spaces Regulations 1997 Dangerous Substances and Explosives Atmospheres Regulations 2002 Safety Representatives and Safety Committee Regulations 1977 Regulatory Reform (Fire Safety) Order 2005 Fire Safety (Emergency Capabilities) (England) Regulations 2010 Electricity at Work Regulations 1989 Highly Flammable Liquid and Liquified Petroleum Gases Regulations 1972 Control of Asbestos Regulations 2012 Health and Safety First Aid Regulations 1981 Corporate Manslaughter and Corporate Homicide Act 2007 Construction (Design and Management) Regulations 2015 Psychoactive Substances Act 2016
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6. Health, Safety and Well-being Manager - Terms of Reference 1. To be responsible for advising the Chief Fire Officer of the Cheshire Fire and
Rescue Service, its Senior Management Team and the Health Safety and Welfare Committee on all matters relating to health and safety as defined in the Health and Safety at Work etc Act 1974 and subsequent legislation.
2. To read appropriate literature and legislation and to advise relevant members of staff of changes to legal requirements, best practice and guidance.
3. To monitor H&S performance on behalf of the Senior Management Team.
4. To provide senior management with data on H&S performance.
5. To advise senior management on targets and objectives necessary to maintain a continuous improvement in H&S performance.
6. To accompany the HSE Inspector during visits and report the findings to the Principle Officer responsible for H&S and the Health and Safety Committee
7. To assist the preparation of local Codes of Practice and their implementation.
8. To monitor and analyse all accidents, incidents, near misses and cases of
occupational ill health and to take part in any resulting enquiries.
9. To assist in the provision of information to and the training and supervision of all CFRS staff, visitors and contractors on health and safety matters.
10. To liaise with Health and Safety Advisors from the North West Fire and Rescue Services and others elsewhere as necessary.
11. To audit H&S management on CFRS sites.
12. To undertake regular inspections of CFRS activities and report the findings to the
CFRS Senior Management Team.
13. To provide reports and information for the Service Health Safety and Welfare Committee.
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7. Service Health, Safety and Welfare Committee (SHSWC) – Terms of Reference CONSTITUTION
7.1 Introduction
The creation of a consultative mechanism in the Cheshire Fire and Rescue Service (CFRS) for the discussion of health, safety and welfare matters is in compliance with the requirements of the Health and Safety at Work etc Act 1974 and the subsequent Safety Representatives and Safety Committee Regulations 1977 and Health and Safety (Consultation with Employees) Regulations 1996. CFRS has a consultative process set out in the Trade Union Protocol (e-docs 1200) that covers other aspects of employee consultation. This constitution has been drawn up to establish procedures, membership and terms of reference and will be revised from time to time if considered necessary.
7.2 Purpose The Service Health Safety and Welfare Committee (SHSWC) hereafter referred to as the Committee will be the normal route for consultation between CFRS management and the staff on matters relating to health, safety and welfare. The Committee will provide a forum for promoting cooperation between management and employees in developing, implementing, monitoring and reviewing our policy, procedures and other measures to ensure the health, safety and wellbeing of all our employees and any others who may be affected by our operations.
7.3 Terms of reference The Committee will
- Provide the normal mechanism for consultation between management and employees’ representatives on health, safety and welfare matters.
- Monitor all aspects of safety, health and welfare policy and arrangements and the effectiveness of their implementation.
- Consider reports from the Health and Safety Adviser and other specialist advisers.
- Consider reports that the Safety Representatives may wish to submit.
- Consider reports from auditors and inspectors
- Make recommendations for improving health, safety and welfare arrangements.
- Promote an active interest in safety, health and welfare throughout CFRS. The Committee is seen as a group for consultation and discussion with the aim of reaching agreement. In the event of the Committee failing to reach agreement the matter shall be referred to the JCNP.
7.3 Membership
The Committee shall comprise
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Deputy Chief Fire Officer
Member Health and Safety Champion
Health Safety and Welfare Manager
Health Safety and Welfare Adviser
Fleet Manager
Occupational Health Adviser
Solicitor
Head of Department or their representative from - Service Delivery - Operational Policy and Assurance - Prevention and Protection - People and Development - Legal and Democratic Services (Solicitor) - Operational Risk Planning (Property Management) - Planning, Performance and Communications - Finance
Representative Bodies - FBU (3 representatives) - UNISON (2 representatives) - FOA (1 representative)
Secretary Chairperson The Chairperson of the Committee shall be the Deputy Chief Officer. In the absence of the Chairperson, the Head of the Operational Policy and Assurance Department or other agreed deputy will take the chair.
Quorum The quorum of the Committee shall be 3 departmental representatives and 3 employee representatives Co-option Both management and employee representatives have the power to co-opt non-members of the Committee to attend for specific items. This arrangement must be made through and with the agreement of the Chairperson of the Committee. Consultation with non-Union employees Consultation with employees who are not members of a union is provided for in the Health and Safety (Consultation with Employees) Regulations 1996. This will be achieved by these employees, should they so wish, electing a representative to sit on the Committee. Nomination of this representative will be to the Chairperson of the Committee through the Secretary.
7.5 Frequency of meetings
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The Committee will hold meetings as often as necessary and not less than four times a year. A special meeting of the Committee may be called by the Chairperson on his/her own initiative or at the request of the employee representatives. The business to be discussed at such meetings will be limited to the matters stated on the notice summoning the meeting.
7.6 Agenda The agenda will be drawn up by the Chairperson with the Secretary to the Committee in consultation with the Health, Safety and Welfare Manager and Senior Adviser. Items for inclusion on the agenda must be notified to the Secretary 14 days before the meeting with supporting papers. Matters that should properly be dealt with at manager level should not be tabled as agenda items unless other options have been exhausted. The secretary will circulate the agenda and papers 7 days before the meeting. The Chairperson may agree to accept urgent items that have arisen since the issue of the agenda.
7.7 Sub-Committees The Committee may establish sub-committees with specific terms of reference. The Committee may appoint to sub-committees persons who need not necessarily be members of the Committee itself. Any sub-committee set up under the terms of the preceding paragraphs shall have its terms of reference settled by the Committee to whom it will report as directed.
7.8 Minutes The Committee will keep minutes of its proceedings. The Secretary will circulate the minutes to Committee Members for agreement within 14 days of the meeting. The minutes will be circulated to
- All members of the Committee. - The Senior Management Team.
Committee Activities and Support
7.9 The Committee will receive reports on accident trends and the actions necessary to address the causes of incidents in the Service.
7.10 The Committee will examine reports from the Occupational Health Unit on the causes of sickness absence in the Service and actions taken to address these causes.
7.11 The Committee will receive reports from the Fitness Advisor to
monitor the results of fitness testing in the Service
7.12 The Committee will receive reports of internal and external H&S audits conducted in the Service and monitor the completion of any actions arising from these reports.
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7.13 The Committee will approve new and revised H&S policies following due
consultation.
7.14 The Committee will receive reports from and address issues raised by the representative bodies and the representatives of employee safety.
7.15 The Committee will receive secretarial support from the Operational Policy and
Assurance Administrative Hub.
7.16 The Committee will call on expert assistance to address issues raised by representative bodies and representatives of employee safety as may be necessary.
7.17 The Committee will receive training on its responsibilities from the Health Safety
and Wellbeing Manager as necessary. 8. Operational Risk Management 8.1 Safe Person Concept 1. The Fire and Rescue Service must balance the civil imperative to save lives and
deal with operational incidents with its responsibility for the health and safety of its employees.
2. In normal safety management the intent is to make the workplace safe because this safeguards everyone. An operational incident, however, can be an inherently dangerous workplace and may be impossible to make safe.
3. Due to this unpredictable nature of its operations, the Fire and Rescue Service has
developed a Dynamic Operational Risk Assessment (DORA) process to manage risks at operational incidents. Fire and Rescue Service management therefore must direct their efforts to making the fire fighter safe. This is known as the Safe Person Concept.
8.2 Operational Risk Management Model 1. Strategic level Senior Management and the Fire Authority ensure that the policy and resources control methods are adequate to support fire fighter safety by providing:
Policy Planning Priorities Resources Positive H&S culture
2. Systematic level
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Departments:
Assess risks Introduce proactive safety measures
Line management role in supporting the Safe Person Concept involves:
Selection of personnel Provision of information Selection and use of equipment Selection, care and maintenance of personal protective equipment The development and implementation of safe systems of work Instruction of personnel Training of personnel Supervision of personnel
3. Dynamic level Operational personnel at incidents:
Continuously evaluate Manage risks
Within the Safe Person Concept an individual is expected to:
Maintain their competence to perform the tasks assigned to them Be able to recognise his/her own abilities and limitations. Maintain situational awareness and vigilance for his/her own safety and that of
colleagues and others Be an effective team member and able to recognise hazards and
communicate safety critical information to supervisors. Be self disciplined to work within accepted systems of work Be adaptable to changing circumstances