notice of meeting - stirling...

NOTICE OF MEETING

A MEETING of the HEALTH AND SAFETY PANEL will be held in the COUNCIL CHAMBERS, OLD VIEWFORTH STIRLING ON MONDAY 2 DECEMBER 2019 at 2.00 PM

JULIA MCAFEE Chief Officer – Governance Clerk to the Council

Tuesday 26 November 2019

B U S I N E S S

1) APOLOGIES AND SUBSTITUTIONS

2) DECLARATIONS OF INTEREST

3) URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR

4) MINUTES – HEALTH & SAFETY PANEL 9 SEPTEMBER 2019 (Pages 1-5)

5) CORPORATE HEALTH & SAFETY UPDATE: DECEMBER 2019Report by Chief Officer HR (Pages 7 - 48)

6) OCCUPATIONAL HEALTH ACTIVITY REPORTReport by Chief Officer HR (Pages 49 - 54)

7) TRADE UNION/WORKFORCE UPDATE – JTUC (Verbal Update)

8) FUTURE MEETING DATES – 2020 (Page 55-56)

(For further information, please contact Louise McDonald on 01786 233746)

STIRLING COUNCIL

MINUTES of MEETING of the HEALTH AND SAFETY PANEL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on MONDAY 9 SEPTEMBER 2019 at 2.00pm

Present Councillor Danny GIBSON (in the Chair)

Councillor Douglas DODDS Councillor Alasdair TOLLEMACHE

Trade Union Representatives Frankie McCallum, UNITE Abigail Robertson, UNISON Ann Skillen, EIS Brian Wilson, GMB Branch Secretary Lorraine Thomson, UNISON Branch Secretary

Officers Lorna Cameron, Chief Officer – Housing David Crighton, Roads & Operations Service Manager (Environment & Place) Janice Fanning, Facilities Management Service Manager (Environment & Place) Pamela Forsyth, HR Business Partner and Team Leader (HR & OD) Dawn Fyfe, Assistant HR Business Partner (HR & OD) Kristine Johnson, Chief Officer - HR & OD Kirsty Leishman, HR Business Partner (HR & OD) Drew Leslie, Infrastructure Delivery Manager (Infrastructure) Kevin McCormick, Waste Services Manager (Environment & Place) Amie McIntosh, Assistant HR Business Partner (HR & OD) Norman McLeod, Health & Safety Team Leader (HR & OD) George Millar, Health & Safety Co-ordinator (HR & OD) Tracey Mills, Asset Compliance & Strategy Team Leader (Infrastructure) Aileen More, Education Team Leader (Schools & Learning) Scott Ross, Transformation, Policy & Performance Manager (Communities & Performance) Karen Swan, Committee Officer (Governance) (Clerk)

HS50 APOLOGIES & SUBSTITUTIONS

Apologies were received on behalf of Councillor Graham Houston, Steven MacDonald, Service Manager – Economic Growth, Culture Tourism & Events and Barry Spence, Insurance Officer.

HS51 DECLARATIONS OF INTEREST

There were no declarations of interest.

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HS52 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR There were no items of urgent business.

HS53 MINUTES – 3 JUNE 2019 The Minutes of the Meeting of the Health and Safety Panel held on 3 June 2019 were submitted for approval. Decision The Minutes of the Meeting of the Health and Safety Panel held on 3 June 2019 were approved as an accurate record of proceedings.

HS54 CORPORATE HEALTH & SAFETY UPDATE: SEPTEMBER 2019 A report submitted by the Chief Officer – HR & OD provided the Health and Safety Panel with an update of the Corporate and Services’ progress since the last Health and Safety Panel. In response to the Panel noting a rise in the number of incident reporting numbers, the Health & Safety Team Leader confirmed that the all services had been reminded of the reporting mechanisms, which he expected had increased reporting. The Panel were made aware that any near misses that involved moving vehicles were reported back to supervisors and line managers who then made the service aware to allow staff to implement any preventative action for the future. Following concerns by Unison that a number of near misses had not be followed up in how they had been evidenced and recorded, the Health & Safety Team Leader would update the near misses incident form to include specific actions and what, if any, could be done to prevent in the future. ACTION: Norman McLeod The Panel agreed that a percentage of completed incidents reports would be reviewed to ensure that relevant processes had been adhered to and report back to the next Health & safety Panel. ACTION: Norman McLeod Following an enquiry on the number of Children & Families incidents reported, the Health & Safety Team Leader would seek clarity on the amount and advise the Members of the Health & Safety Panel accordingly. ACTION: Norman McLeod He also updated the Panel that the lone working devises were back on track. He confirmed that new phones included the relevant application. It was noted that it was still the requirement of the service to update the application to make staff aware of the markers, which supports staff who go out to constituents. Following discussion about Old Viewforth reception, the Asset Compliance & Strategy Team Leader advised the Panel that a panic alarm and telephone line had been incorporated into the side room at reception. It was also noted that CCTV and a new reception desk would also be installed along with security features on the meeting

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rooms and basement doors. The Infrastructure Development Manager confirmed that clarity would be sought on whether Council buildings CCTV’s could be aligned into one monitoring system and advise the Chair of the Panel. In response to the Unions concerns that staff that cover Council receptions (holiday cover) were not properly trained, the Chief Officer – HR & OD confirmed training would be completed to ensure that all staff were trained appropriately. ACTION: Kristine Johnson The Asset Compliance & Strategy Team Leader responded to the Chair’s enquiry about asbestos within schools following the recent school fire in Fife. She advised that 24 schools within the Stirling Council area had small amounts of asbestos, which the Council manage and inspected regularly. Should a fire break out at any of these locations, the Council would be in communication with the Fire & Rescue Service to make them aware to allow for any precautionary measures to be taken. The Health & Safety Team Leader would also clarify to Members of the Health & Safety Panel the RIDDOR facilities that were recorded within appendices to the submitted report. ACTION: Norman McLeod Decision

The Health & Safety Panel agreed to: -

1. note the progress on the development and implementation of Health & Safety Improvement Plans, as set out at paragraphs 2.1 to 2.6 and at Appendix 1 to the submitted report;

2. note the contents of the statistical report on Health & Safety Incidents for the period stated with summary information at paragraphs 2.7 to 2.10 and at Appendix 2 to the submitted report;

3. note the recent relevant developments in terms of National Health & Safety legislation developments and Health & Safety cases in the public domain, relevant to all across Council, as set out at paragraphs 2.11 to 2.13 and at Appendix 3 to the submitted report;

4. note the other recent internal developments in Health & Safety activities within the Council, as set out at paragraphs 2.14 to 2.25 and Health & Safety Policy Sign Off summary at Appendix 4 to the submitted report;

5. note the information on the delivery of the planned programme of Health & Safety Compliance Audits from 1 Oct 2017 to 31 January 2019, including Major and Minor Non Conformity Reports (NCRs) identified in the course of those audit findings, as set out at paragraphs 2.26 to 2.33 and at Appendix 5 to the submitted report; and

6. note the information provided in the summary of the risk assessment status by service, which encompassed any required safe working methods (SWMs) and Personal Protective Equipment (PPE) Guidance Form (PGF) associated with the risk assessments as set out in paragraphs 2.34 to 2.37 and at Appendix 6 to the submitted report.

(Reference: Report by Chief Officer – HR & OD, dated 30 August 2019, submitted)

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HS55 CURRENT STIRLING COUNCIL USE OF HERBICIDES IN SCHOOLS AND ACROSS THE WIDER OUTDOOR ENVIRONMENT

The Senior Manager – Environment & Place submitted a report that sought to inform on Stirling Council’s use of herbicides containing glyphosate as an active ingredient. The context was in relation to a recent litigation case in the USA in 2018 concerning the manufacturer of the herbicide “Roundup” and in relation to the active ingredient glyphosate being suggested as a potential carcinogenic substance with a jury determining that “Roundup” caused a plaintiffs cancer. The briefing highlighted the glyphosate containing herbicides currently in use, the current situation in terms of continued approval and use of herbicides containing glyphosate in the UK and the alternative weed control options available in the maintenance of greenspace, streetscape environments and the Council’s outdoor estate. In response to discussion the Roads & Land Operations Service Manager confirmed that the school estate, through a private company, had weed killer applied twice a year in the summer and Easter holidays. Protective clothing was also worn as they were required to distil the concentrated solution prior to it being sprayed in a diluted form. Following discussion, the Panel reviewed the alternative methods as detailed in the report and it was explained that although these methods kill the weed, it does not penetrate down and kill the root. It was noted that the decision (Recommendation 3 & 4 of the submitted report) should be for noting and was agreed by Councillor Gibson and Councillor Dodds. Councillor Tollemache advised he did not agree with use of the product and did not accept the recommendations.

Decision

The Health and Safety Panel agreed to:

1. note the current use of glyphosate based herbicides and the available alternative weed control options with higher associated costs and limitations on effectiveness;

2. note the decision by the European Commission to renew the approval of

glyphosate as a weed control herbicide for a period of 5 years from December 2017 and that glyphosate had been given Health and Safety Executive (HSE) approval and approval within the UK by relevant and appropriate scientists within government that it was safe to use;

3. note the continued use of glyphosate herbicides for weed control as the Council’s

main herbicide treatment, being the most effective in terms of performance and cost that was currently available on the market for amenity use; and

4. note that the Council would adhere to any further guidance by the European

Union, UK Government, the Health and Safety Executive and the Scottish Government bodies.

(Reference: Report by Senior Manager - Environment and Place, dated 26 August 2019, submitted)

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HS56 OCCUPATIONAL HEALTH ACTIVITY REPORT

A report by the Chief Officer – HR & OD was submitted that provided information relating to Stirling Council’s Occupational Health (OH) provision. Stirling Council provided a comprehensive Occupational Health Service to employees. The service provided included all aspects of job related Health Surveillance, pre-employment screening, medical referrals and reviews, counselling, physiotherapy and other employee wellbeing interventions such as cognitive behavioural therapy. In response to Members’ question, the HR Business Partner confirmed there were a number of reasons why employees had not attended their health surveillance appointment but they were working with services to ensure that employees attend. The Panel also requested, if able to, the reason why employees attend Occupational Health Counselling and advise the Members accordingly. ACTION: Kristine Johnson Following discussion at the last meeting of the Health & Safety Panel on 3 June 2019, the Facilities Management Service Manager confirmed that she had sourced 2 products that were non allergic and would circulate to Managers to decide which product was needed for their offices. Decision

The Health and Safety Panel agreed to note the Occupational Health provision from April 2018 to March 2019 and April to July 2019.

(Reference: Report by Chief Officer – HR & OD, dated 21 August 2019, submitted)

HS57 TRADE UNION/WORKFORCE UPDATE – JTUC

Unison updated the Panel that the Work Place Violence Charter was being developed with the expectation that it would be adopted.

The Chair declared the meeting closed at 3.20pm.

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Stirling Council Agenda Item No. 5

Health & Safety Panel Date of Meeting: 2 December 2019

Not Exempt

Corporate Health & Safety Update: December 2019

Purpose & Summary

This report provides the Health & Safety Panel with an update of the Corporate and Services’ progress since the last Health & Safety Panel.

Recommendations

The Panel is asked to:

1. consider and comment on progress on the development and implementation ofHealth & Safety (H&S) Improvement Plans, as set out at paragraphs 2.1 to 2.2;

2. consider and comment on the contents of the statistical report on Health & SafetyIncidents for the period stated with summary information at paragraphs 2.3 to 2.8and at Appendices 1, 1a & 1b;

3. consider and comment on the recent relevant developments in terms of NationalHealth & Safety legislation developments and Health & Safety cases in the publicdomain, relevant to all across Council, as set out at paragraphs 2.9 to 2.10 and atAppendix 2;

4. consider and comment on other recent internal developments in Health & Safetyactivities within the Council, as set out at paragraphs 2.11 to 2.23

5. consider and comment on information on the delivery of the planned programme ofHealth & Safety Audits from 1 Oct 2017 to 6 Nov 2019, including Major and MinorNon Conformity Reports (NCRs) identified in the course of those audit findings, asset out at paragraphs 2.24 to 2.25 and at Appendix 3; and

6. consider and comment on the information provided in the summary of the riskassessment status by service, which encompass any required safe workingmethods (SWMs) and Personal Protective Equipment (PPE Guidance Form (PGF)associated with the risk assessments as set out in paragraphs 2.26 to 2.27.

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Resource Implications

There are no new financial implications arising from this report. However, there are resource implications for services insofar as they will require to maintain, monitor, manage and keep under review their Health & Safety Improvement Plans and the actions arising out of their plans.

Legal & Risk Implications and Mitigation

The Strategic Risk Register includes the risk (SR07) that the Council fails to comply with Health and Safety legislation and to ensure the consistent and effective management of Health & Safety across the Council. The reporting of the following matters to the H&S Panel is intended to help manage and mitigate that risk.

Service H&S Improvement Plans: A fragmented approach to Health & Safety management, including improvements within Services, increases the risk of harm to people, and of sanctions or other interventions by enforcing authorities. Proper development, resourcing and monitoring of Service Health & Safety Improvement Plans will help mitigate these risks. Failure to do this will result in the Council being unable to achieve their expected outcomes for H&S legal compliance. Following the introduction of the Corporate H&S Improvement Plan and Service Improvement Plans the Council are is in a better position to demonstrate improvements to its H&S Management, where services update their own service improvements and show transparency during audit and HSE investigation as required.

Incident Reporting: Inconsistent or late internal reporting and investigation of incidents can lead to failure to comply with reporting requirements and timescales for reporting to the HSE under RIDDOR, and the imposition of sanctions on the Council, or other external interventions. It is essential, therefore, that Services comply with policies and procedures for managing and reporting of incidents internally to the timescales detailed.

Legal Update/H&S Developments: Keeping up to date with national developments via Health & Safety Executive Guidance/Institute of Occupational Safety & Health, other Health Safety bodies i.e. Royal Society for the Prevention of Accidents (RoSPA), networking with other Local Authorities and Public Sector Safety Professionals. Having governance via internal legal advice and attending events on Health & Safety Management are all vital to helping the Council maintain, develop and amend arrangements as part of the H&S framework so it is continually improved to meet and exceed regulatory compliance.

H&S Compliance Audits: Where audit actions are not completed timeously by the relevant Service(s), increases the risk of harm to people and the Council. Clarity of responsibility for taking these actions, effective action tracking processes and service management controls, will help to mitigate these risks and improve the safety and health management across Council.

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H&S Risk Assessments: Where pre identified, generic H&S risk assessments have not been developed or reviewed by service management teams and staff this exposes Council to significant risk and enforcement action being taken by regulators in the event of any H&S breaches or incidents. Risk assessments need to be in place to effectively manage the risks that staff are faced with during work, the approach to risk assessments should be a risk based proportionate approach with identification of hazards and controls put in place to protect and reduce the levels of risks to the identified people affected, backed up with monitoring and review. Adhering to the risk assessment policy and processes will enable the services to meet legislative requirements and effectively manage risk assessment competently with staff who have the appropriate training, skills, knowledge and experience.

1.Background

Health & Safety Improvement Plans

1.1. The overarching Corporate and Services’ Health & Safety Improvement Plans will help facilitate active planning and improvement at Management and Service level for H&S, thus reducing risk to the organisation, improving ownership of Health & Safety management within services, and providing a source of evidence to demonstrate effective Health & Safety management and improvements. H&S is not a bolt on to daily duties, H&S must be built in to the fabric of everyday business and work activities across this Council.

Health & Safety Incident Statistics

1.2. The Incident Reporting Policy and reporting timelines are detailed on the Source H&S Incident page. This will help improve understanding of what is required at service level with incident reporting and the critical timelines for reporting so Council do not breach HSE defined deadlines. This will reduce risk to the organisation, improve compliance with the policy, and provide the levels of detail required to report and record incidents accurately in the workplace. The statistics are provided to assist services’ with monitoring of incident trends so improved preventive control measures can be implemented within services and collectively across Council where trends develop.

Legal Update/H&S Developments

1.3. Monitoring the main legal changes around H&S Law is vital in allowing Council to make improvements with the H&S framework on a continual basis.

1.4. Sharing experiences and best practice across the Council and H&S sector is widely encouraged and Stirling Council H&S Team actively participates in those activities including internal communication delivered on H&S events that would be of benefit to service teams and Trade Union representatives.

Health & Safety Compliance Audits

1.5. Until October 2017 H&S audits were carried out on a reactive basis. With the introduction of a planned, proactive H&S Compliance Audit programme in October 2017, as well as continuing reactive (unplanned) H&S audits, has led to the identification and implementation of actions required to improve health and safety in the Council’s premises and service teams operating out of those premises.

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1.6. H&S audit scope extends to teams located in buildings operated by the Council’s partners, i.e. NHS property. The H&S Audit programme is designed to demonstrate to regulators that Stirling Council is taking proactive steps to further develop and continually improve its H&S arrangements, supporting services to drive forward a positive culture across the organisation with effective implementation of the planned H&S Audit Plan and action taken as identified.

H&S Risk Assessments

1.7. Risk Assessment management documents were reviewed in November 2018 and are available on the internet and H&S document repository, SharePoint. This has been complimented by a bespoke risk assessment eLearning module and 2 half day training sessions delivered monthly by the H&S Team to help improve understanding and the process required to help management and staff understand what, why, where and when risk assessments are required to meet legal compliance.

1.8. The summary is to help services demonstrate their risk assessment status in line with policy to enable them to continually improve their assessments and factor that in to their service H&S Improvement Plans.

2. Considerations

Health & Safety Improvement Plans

2.1. The current Corporate H&S Improvement Plan has been approved by our Chief Executive and features at Corporate Management Team (CMT) meetings. This will continue in to 2020 and compliment the previous 2018 plan to demonstrate senior management direction and continual improvement of H&S Management across Council.

2.2. The service level Improvement Plans have key improvement actions detailed with timescales identified for service-specific requirements in order to meet legal obligations and protect staff, Council and the public. These are ‘live’ plans, and services are required to manage, update, take ownership of their plans and communicate across their service to make the improvements required. Services hold and provide evidence of closed actions and maintain a document repository as required. Whether services are forming plans individually or collectively the services must ensure any actions stated as closed/completed can be verified.

Health & Safety Incident Statistic Summary – June, July & Aug 2019

2.3. The statistics are now being collated from our new recently developed incident reporting database with service incident data being scrutinised and discussed at service level H&S meetings. There is a slight backlog on incident report upload on to this new database which arose out of sick leave, this has now lessened and staff are in place to catch up with data upload.

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2.4. Appendix 1 provides statistical information on reported Health & Safety incidents across Council from 1 June -31 July 2019 on the older Council structure and database. Appendix 1a is from 1 August-31 August 2019 realigned to new service structure and new database with cleansed data. This followed numerous reorganisations within the organisation which had impacted on service alignment on the database. There is a slight lag in uploading reported incident data due to sickness absence and staff shortage, this will be corrected in time for next H&S Panel report 2020. The current statistics still demonstrate the general trend of reported incidents and follows a sustained trend. All services not appearing on the August statistics are services who have not submitted any incident reports for that period.

2.5. Numbers of incidents reported by Schools, Learning and Education are significantly higher than other areas, as would be expected given the nature of that work. Reflected within the figures are a wide range of circumstances’ mainly lower level and not resulting in injury of any type. However, the data also reflects work with children and young people with a range of disabilities, mental health and wellbeing challenges, experiences of care and of trauma. Staff in schools work sensitively with young people and their families on a daily basis and seek to develop their social and emotional skills along with their academic learning. Where this work is most successful and nurture approaches are well embedded in any setting the numbers of incidents reduce.

2.6. The service has also worked closely with Health and Safety Team to develop the incident reporting process and have a monthly monitoring process in place which leads to follow up actions and areas for improvement are identified. Positive Relationships and Positive Behaviour Guidance and Stirling’s Approach to Respect for All have been developed recently and very clear guidance for staff on restraint and seclusion is in the final stages of development. As the data approach is developing, it will be useful to gain a better understanding of trends and also of the national picture to help improve our understanding.

2.7. The reporting of Near Miss incidents continues to be a focus for improvement. Reporting of near misses should improve as a new Toolbox Talk has been developed by the H&S Team highlighting how and why we need to report incidents and near misses. This is mandatory for all teams across Council to deliver within services to raise the awareness and understanding around this area in conjunction with other core mandatory H&S training and awareness in line with the Learning & Development Procedure which launched earlier this year, March 2019.

2.8. Service team feedback to staff reporting near misses and incidents is vital so they are made aware of any improvement actions taken to assure them that reporting is being taken seriously and acted upon.

2.9. Investigation by services reporting incidents is currently inconsistent across Council. This has been identified by H&S team and as part of a recent external BSI H&S audit. There is currently a worked example provided on the Source and SharePoint H&S documents to point out to services what information is required on incident reporting forms, Appendix 1b. Further guidance to help service management teams collate basic incident investigation and action details to reduce the risk of reoccurring incidents where possible, is now being developed by the H&S team and will be available Jan/Feb 2020.

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Legal Update/H&S Developments

2.10. Since the last report to the H&S Panel, there have been a number of Health & Safety Cases in the Public Domain that should be noted as applicable to Stirling Council and align with work activities and reporting across Council. Those are set out in Appendix 2.

2.11. On a national level the big talking point is ‘Brexit’ HSE Information for H&S legislation and the exit from the EU by the UK. There are a lot of opinions being expressed around this but the HSE have stated that managing H&S will continue the same as present, EU references being removed will be the main change but legal requirements will remain.

Internal H&S Developments

2.12. The following positive developments are planned and moving forward since the previous H&S Panel.

2.13. A Health and Safety Executive (HSE) Inspector visited Council to carry out an Asbestos Management Inspection within the School environment (Bridge of Allan Primary School) as part of a national initiative by the HSE. Found that all Asbestos Management was satisfactory with no actions required. Positive outcome.

2.14. Actions arising from the recent Scottish Fire & Rescue Service Primary School and Nursery audits are continuing to be worked through within Schools, Learning & Education, who are working to close actions off with support from colleagues from our Infrastructure asset team, H&S team and Facilities Management team.

2.15. H&S Team Leader is working with the Scottish Fire & Rescue Service Enforcement Team to get monthly Unwanted Fire Alarm Signals (UFAS) reports for Stirling Council. H&S looking for details on a monthly basis where Council properties have had alarm activations, so H&S can guide and advise management teams and staff in those areas on actions to take to reduce these reoccurring. Activation list will also be provided to our assets team for information so they too can advise Premise Managers as required.

2.16. H&S Team members including Team Leader working with colleagues from the Adult Social Care Team, NHS Forth Valley H&S Team and Clackmannan Council H&S Team so that appropriate H&S arrangements are in place and documented to ensure robust processes and procedures are set out to support the Health and Social Care Partnership and staff operating to the Integrated Joint Board (IJB).

2.17. H&S Team and the Organisational Development & Change Team (OD) have worked collaboratively on developing and producing a programme of core mandatory H&S training and awareness. Staff across the organisation have been tasked with undertaking the required training and uptake will be monitored and reported to management team by OD.

2.18. New IOSH Managing Safely eLearning training module will be launched soon with OD team for identified staff. This will be done in blocks of 30 staff with a total of 120 places over 3 years.

2.19. Internal system developments are progressing with support from Transformation, Policy & Performance colleagues with H&S team. Currently developing an improved incident reporting system and database together with an improved audit Non Conformance Report (NCR) action tracking tool. SharePoint development is being looked to facilitate these arrangements for now, to ensure the best solutions are put in place to assist staff in their interactions with these systems so they are easily accessible and user friendly.

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2.20. Progression of sign off by all staff to the H&S Policy continues, currently 93% for whole Council. New staff joining the Council will be taken through the Toolbox Talk during the induction process by service management teams. Sign off data received to date by the H&S Team will be passed over to OD who will incorporate in to the recently launched MyLO Platform so the toolbox completion is incorporated in to staff training records. This should be completed by Feb 2020.

2.21. Lone Working service device optimisation and usage continues within services with support from H&S team. Refresher training in service areas requesting continues, and provided by H&S team. Following migration to a new online Portal, services will be provided with usage/non-usage reports from Jan 2020.

2.22. Safety and security of all reception areas remains a focus through the short term working group so risk assessment, controls, training for staff and protocols are improved. To date all reception management teams have revised risk assessments, are producing building lockdown protocols, checking current controls and identifying staff numbers and training that will help staff.

2.23. British Standards Institute (BSI) carried out a successful and positive Integrated Business and H&S Audit over 5 days with services under that registration in October. Actions to take were raised and services involved will be working over the next 6 months until next audit to make the required improvements.

2.24. H&S Team supported Braehead Primary School after their recent external fire incident. School Management Team worked positively with Police Scotland as part of their investigation.

Health and Safety Audits (Internal)

2.25. An overview of audit activity and current Non Conformance Reports is provided at Appendix 3. H&S team continue to seek service closure of the identified actions raised with feedback from services to confirm. This has been further escalated through the Operational Governance Board meeting on 22 November 2019 to get closure on any outstanding actions.

2.26. The new 5 year H&S Audit Programme by the H&S team is now live and started on the 1 August 2019 with Trade Union reps being invited as previously to accompany H&S Officers and assist with audits. This 5 year plan is being amended to focus on specific H&S topics, H&S Policy awareness, Risk Assessments, Fire Management and Core H&S Training status for staff involved to bring a more tailored approach to the audits to support services with their H&S compliance.

Health and Safety Risk Assessments

2.27. Risk assessments across Council have been reviewed and developed with better participation in a lot of services by staff during that process. This aspect will be an absolute requirement during assessment reviews in the future. A lot of positive work has taken place with regards to Risk Assessments and services have engaged positively.

2.28. Services are being informed by H&S Team at their service level H&S meetings that if it has not already happened, staff need to read, be taken through and understand their work task risk assessments and sign off in line with the Risk Assessment Policy with records kept.

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3. Implications

Equalities Impact

3.1 The contents of this report were assessed under the Council’s Equality Impact Assessment process. It was determined that an Equality Impact Assessment was not required.

Fairer Scotland Duty

3.2 In preparing the contents of this report, in terms of the Fairer Scotland Duty, due regard has been given to reducing inequalities of outcome caused by socio-economic disadvantage, and any such impacts in respect of the proposals set out in this report are contained in the EqIA Relevance Check. The contents of this report were considered in terms of the Fairer Scotland Duty and were determined not to be of strategic importance.

Sustainability and Environmental

3.3 Details of any direct sustainability impact as a result of this report and details of any Strategic Environmental Assessment. Any documents should be listed as Background Papers.

Other Policy Implications

3.4 None.

Consultations

3.5 None.

4. Background Papers

4.1. EqIA Relevance Check.

5. Appendices

5.1. Appendix 1 &1a - Corporate Incident Statistics Summary – (1)1 June-31 July 2019 & (1a) 1 August-31 August 2019.

5.2. Appendix 1b – Incident Form Worked Example.

5.3. Appendix 2 - H&S Cases in the Public Domain.

5.4. Appendix 3 - Health & Safety Audit Update 6 November 2019.

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Author of Report:

Norman McLeod – Corporate H&S Team Leader

Contact Details: [email protected]

Approved by: Kristine Johnson

Designation: Chief Officer HR

Date:

Details of Convener(s), Vice Convener(s), Portfolio Holder and Depute Portfolio Holder consulted on this report: H&S Panel Chairperson Councillor Danny Gibson

Wards affected: All

Key Priorities: C - We will create more affordable & social housing in all Stirling's communities. We will lead by example as an organisation in setting exceptional standards in building , environmental and employer practice, tenant relations & homelessness prevention

Key Priority Considerations:

Exceptional employer practice.

Stirling Plan Priority Outcomes: (Local Outcomes Improvement Plan)

Healthy - People are healthy and live active, full and positive lives within supportive communities

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App 1-Old Incident Reporting 1st June-31st July 2019

Appendix 1

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App 1a-New Incident Reporting-August 2019 >

Appendix 1a

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BMSD-1350204329-2306 Issued By: George Millar Version: 1.0 Issued Date: 26/06/2019

Corporate Incident Form

SECTION 1: Information about Incident - Please Tick all that apply (MANDATORY – MUST BE COMPLETED) Injury ☐ Near Miss ☐ Fatality ☐Weapon incident ☐ Bullying ☐ Prejudice based incident / hate crime ☐Physical Intervention used Name and Address of Premises/Site/ School etc: Date of Incident: 5-5-2029 AWH Springkerse yard Springkerse Rd Stirling.

Time of Incident:

08:00 Where on the premises:

Rear Yard

Service: Waste Department: Litter picking

Nature of Activity being undertaken: Travelling through the yard to meet with supervisor to receive work instruction.

Description and Type of Incident: What led up to the incident? Environmental Conditions (if appropriate)? Summarise what happened during the incident? Mr Whyte twisted his ankle stepping into a pot hole in the operational yard area, location of accident near middle of yard pedestrian footpath.

Immediate Cause: ☐ Vehicle Accident ☐ Hit by moving object ☐ Breakage, bursting or collapse of material ☐ Electrical problem, explosion or fire ☐ Kneeling, Sitting or Leaning on an object ☐ Walking on a sharp object ☐ Lifting, carrying, standing up/twisting/turning Slip/Trip/Fall Loss of control of machinery, transport or equipment☐ Pushing/Pulling ☐ Release of liquid, solid, dust or gaseous product ☐ Shock/Fright/Violence/Aggression ☐ Verbal abuse ☐ Physical assault ☐ Other (if not stated) Plant / Equipment Involved: Damage: None ID No: N/A Harmful Substance Involved: If known please state: None

Weapon Involved (Please Tick all that apply

Weapon: Carried ☐ Used☐ Found ☐ N/A

Child Protection referral Completed (if child under 16 was involved) Yes ☐ No ☐

Bullying Involved (tick all that apply) Written ☐ Electronic ☐ Social ☐ Verbal ☐ Physical ☐ Sexual ☐ Property Damage ☐ Graffiti ☐ Mental ☐ Incitement ☐

Prejudiced Based motivated by any one of the following? (tick all that apply)

Race ☐ Gender ☐ Socio-Economic Discrimination ☐ Pregnancy/ Maternity ☐ Disability ☐ Sexual Orientation ☐ Religion / Belief ☐ Transgender Status ☐ Age ☐

Physical Intervention: (Education Use Only) Reason for Intervention: Immediate danger of

injury to self ☐ Immediate injury to another person ☐

Approximate time of physical intervention? ☐

A MAPA Disengagement Technique used: (Education Use Only) Yes ☐ No ☐ Low Level Disengagement ☐ Medium Level Disengagement Strike from other ☐ Strike from other Hold from other ☐ Hold from other

MAPA Holding Technique used: (Education Use Only) Yes ☐ No ☐ Child low level restriction ☐ Child medium level restriction Seated low level restriction ☐ Seated medium level restriction Standing low level restriction ☐ Standing medium level restriction

You must provide the Location of the incident

Include, date, time, location of incident, the service & dept.

Plant/equipment used then describe in detail. Provide serial numbers, codes/identification/ID tags etc.

Appendix 1b39


NOTE: If the investigation cannot be completed within the time scale required do not hold back this report;

SECTION 2: Involved (Injured) Party - (MANDATORY – MUST BE COMPLETED) Name and Home Address: Employee

Contractor ☐ Training Scheme Participant ☐ Member of the Public ☐ Client ☐ Pupil ☐ Care Home Resident ☐ Agency ☐

Employee Number: 007

Mr Whyte 1 The Way Stirling Fk8 III

D.O.B: 10-10-2020

Contact Number: 000088889999777

Job Title: Litter Picker

Email address: [email protected]

Injury Severity Employees Only ☐ No absence from work ☐ Absence < 3 days ☐ Absence 3-7 days Absence > 7 days

Was First Aid given at scene? Yes ☐ No First Aider Name: James Bond Was ambulance called? Yes ☐ NoDid the injured party attend Hospital? Yes ☐ No If Yes, which Hospital did they attend? FVH Larbert Was the injured party detained in hospital >24 hours?

☐ Yes No

Nature of Injury/Illness: ( bruising, concussion)

Part(s) of the body affected:

Torn ligaments in lower limb (ankle)

Left ankle

Witness(es) Names and Contact Details: Designation (s) W JJ Smith C/o Allanwater House FK7 7ET

Site supervisor

Root Cause: (Please tick all that apply) People Equipment System ☐ Failure to follow instruction/procedure ☐ Defective ☐ Poor Housekeeping ☐ Drugs/alcohol ☐ Malfunction ☐ Insufficient Training ☐ Carelessness ☐Insufficient guarding ☐ Exposure to Fire ☐ User Error ☐ Vandalism/Sabotage ☐Exposure to Harmful Substance ☐ Encroachment of Public into work area ☐ Installed incorrectly ☐ Deficient procedures ☐ Violence/Aggression ☐ Inadequate lighting ☐ Improper use of tool/equip/material ☐ Inadequate ventilation Other ☐ Unauthorised use Environment conditions ☐ Lack of alertness ☐ Natural Causes ☐ Short Cut ☐ Animal / Biological causes ☐ Pre-existing medical condition ☐ (If not stated) Details of person completing the form Signature:

William J J Smith

Designation:

Supervisor

Print Name:

William JJ Smith

Date:

5-5-2029

Injured party contact details

Details of first aider(s), did an ambulance attend?

Did the casualty attend hospital?

Describe the injury or

Illness in detail.

Was the casualty absent from work due to the injury?

Witness contact details/address/telephone number(s)

Detail Nature of injury, i.e. left ankle

40


Send the incident report to the Corporate H&S Team and the investigation report can follow later. Ensure you advise the H&S Team that this is the case.

SECTION 3: Investigation (To be completed by Line Manager) – (MANDATORY – MUST BE COMPLETED) Action Taken following Incident (Tick all that apply) ☐ Police Involvement ☐ Fire & Rescue Service Involvement ☐ Training Undertaken ☐ Public Utility Supplier Contacted ☐ Ambulance Involvement ☐ Parent/Carer/Relative ☐ Updated Risk Assessment/SWM/PPE ☐ Processes/Procedures Revised ☐ Restorative Meeting ☐ Equipment Quarantined/Removed ☐ Sanctions/Consequences ☐ Debrief For Those Involved ☐ Equipment/Material Purchased Other (Please state in box below) ☐ Updated child’s Plan ☐ Equipment repaired / replaced ☐ Individual support Other (Please state ) Description & Detail of Action: (Include Corrective Action(s) (i.e. immediate action taken at the time) and Preventive Action(s) (i.e. measures put in place detailing any action(s) taken or control measure(s) implemented to eliminate or reduce the risk of this type of incident reoccurring). (MANDATORY – MUST BE COMPLETED) Immediate action was to cordon off the area where pot hole was located to prevent any further accidents/incidents. Request made through concerto to arrange patching repairs immediately through appropriate service (i.e. roads operations). A schedule is now in place to perform monthly inspections of the yards condition, reports are handed into the premise manager and held on a data base, any concerns are identified at an early stage and repairs requested immediately on detection of conditions that present a potential slip, trip, stumble and fall type injury(s) A discussion will take place at the next toolbox talks to raise awareness of the importance of reporting unsafe conditions and unsafe work practices that could potentially lead to an injury, illnesses or worst case scenario a ‘fatality’. Supervisor/ Line Manager Details Signature:

William JJ Smith

Designation:

Supervisor

Print Name:

William JJ Smith

Date:

5-5-2029

41

Appendix 2

Health & Safety Cases in the Public Domain Workplace Transport & Risk Assessment

This incident highlights the need for safe, managed areas being established where vehicles, workers and members of the public interact. Also given the work carried out by Stirling Council services to have current risk assessments and systems in place to ensure this Council has robust H&S management in place and services are adequately managing the hazards and risks presented in the workplace so an incident likelihood of this nature is reduced.

43

Risk Assessment This incident further highlights the need for Stirling Council to have suitable and sufficient risk assessments in place. Whilst this is a manufacturing company, we use lathes in our High Schools and know that risk assessments and system controls are in place to protect staff and pupils to use the equipment safely.

44

Machinery Maintenance & Training Having suitable and sufficient risk assessments in place are key to avoiding incidents of this nature. Maintaining equipment and having competent, trained staff operating machinery will further reduce the risk.

We are entering the time of year when staff in some services will be operating arboriculture equipment which will be getting operated more often in difficult environmental conditions. Stirling Council have procurement rules in place to purchase and hire fit for purpose equipment similar to that named and others, so ensuring protective guarding, maintenance, safe operation of the kit and providing personal protective equipment (PPE) is vital to keeping staff safe to avoid injuries of this nature. Our Operations staff have assessments, systems and training in place to manage this higher risk equipment.

Source – HSE

45

Appendix 3

47

Stirling Council Agenda Item No.6

Health and Safety Panel Date of Meeting: 2 December 2019

Not Exempt

Occupational Health Activity Report

Purpose & Summary

This report provides information relating to Stirling Council’s Occupational Health (OH) provision.

Recommendations

The Health and Safety Panel is asked to:

1. note the Occupational Health provision from April 2018 to March 2019 and April 2019to October 2019.

Resource Implications

Spending on Occupation Health through the Occupational Health contract costs approx. £52,250 per quarter.

Legal & Risk Implications and Mitigation

The provision of Occupational Health ensures risks are identified, employee health is monitored and managed, and Health and Safety in the workplace is promoted and maintained.

1. Background

1.1. Stirling Council provides a comprehensive Occupational Health Services to employees. The services provided include all aspects of Job related Health Surveillance, pre-employment screening, medical referrals and reviews, counselling, physiotherapy and other employee wellbeing interventions including, but not restricted to, cognitive behavioural therapy and stress risk assessments.

49

2. Considerations

Health Surveillance

2.1. Details of Health Surveillance appointments for April to October 2019 are detailed in figure 1 below. This also indicates numbers of appointments against the previous financial year as a comparison of progress.

Figure 1

2.2. From April to October 2019, 1167 health surveillance appointments were held. This is a decrease by 3 referrals compared to the same period in 2018. All planned Health Surveillance is programmed to take place by March 2020.

2.3. Health and Safety work closely with Occupational Health to minimise the number of employees who fail to attend their Health Surveillance appointments. From April 2019 to October 2019 there were 45 individuals who did not attend their health surveillance appointment, which is an improved situation. For the same period last year 58 failed to attend. Individual service areas are informed when employees fail to attend and work is being undertaken to continue to reduce these numbers.

0 100 200 300 400 500

Audio Screening HS

HAVS Tier 1

HAVS Tier 2

HAVS Tier 3

HAVS Tier 4

HEP B Antibody

HEP B Vaccination

LGV / PCV Mandatory Driver…

School Crossing Patrollers Medicals

Skin & Respiratory Check

Skin Assessments

Spirometry

348

14

169

97

28

0

0

64

3

3

279

473

2960

132

99

26

1

2

19

0

0

205

387

HEALTH SURVEILLANCE2018/19 & 2019/20 to October

2019/20 2018/19

50

Occupational Health Services

2.4. Details of Occupational Health appointments by type for April to October 2019 are detailed in figure 2 below. This also indicates numbers of appointments against the previous financial year as a comparison of progress.

Figure 2

2.5. There were 1372 referrals to Occupational Health from April to October 2019. This is an increase by 412 compared to April to October 2018. This is mainly due to an increase in referrals to Counselling (+382) and Physio (+52).

Healthy Working Lives

Movember Foundation for Men’s Health

2.6. A representative from the Movember Foundation have held 2 information sessions at the Raploch Campus. These talks focus on men’s health addressing health issues such as prostate cancer, testicular cancer and mental health.

2.7. The Healthy Working Lives Group are working with Movember to arrange more talks in Viewforth, Teith House, Allan Water House and Lower Polmaise.

3. Implications

Equalities Impact

3.1. The contents of this report were assessed under the Council’s Equality Impact Assessment process. It was determined that an Equality Impact Assessment was not required as the provision of occupational health comes from the risk assessment to ensure appropriate management of health and safety occurs.

Fairer Scotland Duty

3.2. The contents of this report were considered in terms of the Fairer Scotland Duty and were determined not to be of strategic importance.

0 200 400 600 800 1000

OH Adviser

OH Physician

Physio

CBT

EMDR

Counselling

Pre Employment HQ

823

124

759

16

5

992

299

509

38

503

40

2

837

336

OCCUPATIONAL HEALTH USAGE2018/19 & 2019/20 to October

2019/20 2018/19

51

Sustainability and Environmental

3.3. No sustainability or environmental impact identified.

Other Policy Implications

3.4. Information within the report reflects the implementation of the Health and Safety, Supporting Attendance and Attendance Capability Policies.

Consultations

3.5. HR and Health and Safety work jointly in the preparation of this report.

4. Background Papers

4.1. EqIA Relevance Check

4.2. Health and Safety Policy.

4.3. Supporting Attendance Policy.

5. Appendices

5.1. None.

52

Author of Report: Pamela Forsyth, HR Business Partner Team Leader

Approved by: Kristine Johnson, Chief Officer HR & OD

Date: 19 November 2019

Details of Convener(s), Vice Convener(s), Portfolio Holder and Depute Portfolio Holder consulted on this report:

Wards affected:

Key Priorities: C - We will create more affordable & social housing in all Stirling's communities. We will lead by example as an organisation in setting exceptional standards in building , environmental and employer practice, tenant relations & homelessness prevention

Key Priority Considerations: Exceptional employer practice.

Stirling Plan Priority Outcomes: (Local Outcomes Improvement Plan)

Healthy - People are healthy and live active, full and positive lives within supportive communities

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ITEM 8

HEALTH AND SAFETY PANEL - SCHEDULE OF MEETINGS 2020

REPORT DEADLINE (12 NOON)

ISSUE AGENDA DATE TIME VENUE

Thursday 12 March 2020 Tuesday 17 March 2020 Monday, 23 March 2020 1 pm – 3 pm Council Chambers, Old Viewforth

Thursday 11 June 2020 Tuesday 16 June 2020 Monday, 22 June 2020 1 pm – 3 pm Council Chambers, Old Viewforth

Thursday 27 August 2020 Tuesday 1 September 2020 Monday, 7 September 2020

1 pm – 3 pm Council Chambers, Old Viewforth

Thursday 26 November 2020

Tuesday 1 December 2020 Monday, 7 December 2020

1 pm – 3 pm Council Chambers, Old Viewforth

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