Airedale NHS Foundation Trust Trust Board: October 2013 Title: Health and Safety policy Author: Stacey Hunter Background The Health and Safety at Work Act requires that the Board of Directors formally approve the Health and Safety (H&S) Policy to ensure that aall Board decisions reflect the Foundation Trust’s health and safety intentions, as expressed in the health and safety policy Introduction The Board has delegated management for all issues relating to H&S to the Joint Health and Safety Committee which oversees the H&S strategy to ensure it meets the standards required by the Health and Safety Executive and statutory regulation. The responsible Director and chair of the Joint Health and Safety Committee is the Director of Operations. The policy has been reviewed and approved by the Health and Safety Operational Group, and the Joint Health and Safety Committee and been ratified by the Procedural Documents Approval Group. This provides the Board with assurance that it has been through the appropriate governance groups and deemed fit for purpose by the Joint Health and Safety Committee within the remit of their delegated authorities. Key Points of the policy • • • • Describes the roles and responsibilities for Health and Safety within the Trust How ANHSFT acts to protect the Health and Safety of its Employees and other affected by its undertakings Describes how the Trust will meet it’s legal requirements for Health and Safety Defines how Health and Safety arrangements will be monitored to ensure compliance with policy and ensure any issues are promptly identified Changes since the last version It should be noted that it has not been necessary to make material changes to the policy as the law and guidance that govern H&S in the NHS has not changed since the last policy update. Therefore the changes are minor and relate to changes in job titles and names of management groups/committees e.g. Executive Assurance Group and the Procedural Documents approval group. Board Actions: The Board are asked to approve this updated version of the Health and Safety Policy for Airedale NHS Foundation Trust. Stacey Hunter Director of Operations October 2013 1 Health and Safety Policy Document Reference: Automatically allocated on Sharepoint Version: 6.2 Document Owner: Director of Operations Document Author: Compliance Manager Date Approved: August 2013 Date Ratified: September 2013 Review date: Dec 2015 Accountable Committee: Ratified by: Date issued: Target audience: Health and Safety Operational Group and Joint Health and Safety Committee Policy Approval and Ratification Group Date this document is posted on the intranet All staff and people working at ANHSFT premises Equality Impact Yes Assessment: Key points • • • How ANHSFT acts to protect the Health and Safety of its Employees and other affected by its undertakings Defines responsibilities for achieving Health and Safety Describes how the Trust will meet it’s legal requirements for Health and Safety The most recent version of this document is held on the Sharepoint Policies page. Uncontrolled if Printed 1 CONTENTS 1.0 ASSOCIATED DOCUMENTS ....................................................................... 4 2.0 INTRODUCTION ........................................................................................... 4 2.1 Trust Statement of Intent....................................................................... 4 2.2 Sustainable Development - EcoAwaire ................................................ 5 2.3 Purpose .................................................................................................. 5 2.4 Scope ...................................................................................................... 6 3.0 DEFINITION OF TERMS USED WITHIN THIS DOCUMENT ........................ 6 4.0 DUTIES ......................................................................................................... 7 4.1 Structure for the Management of Health and Safety...................... 7 4.1.1 Trust Board .............................................................................. 7 4.1.2 The Executive Assurance Group (EAG)................................. 8 4.1.3 Policy, Guidance and SOP s Approval Group ....................... 8 4.1.4 The Joint Health and Safety Committee ................................ 8 4.1.5 The Health and Safety Operational Group ............................. 8 4.2 General Roles and Responsibilities................................................ 9 4.2.1 Chief Executive........................................................................ 9 4.2.2 Directors / General Managers / Heads of Service / Department Managers...................................................................... 9 4.2.3 Line manager’s responsibilities ........................................... 10 4.2.4 Employees responsibilities .................................................. 11 4.3 Specialist Health and Safety Responsibilities.............................. 12 4.3.1 Designated Executive Director ............................................. 12 4.3.2 Compliance manager ............................................................ 12 4.3.3 Health and Safety Co-ordinator ............................................ 12 4.3.4 Head of Employee Health and Wellbeing............................. 13 4.3.5 Fire Safety Advisor ................................................................ 13 4.3.6 Manual Handling Coordinator .............................................. 14 4.3.7 Assistant Director Estates and Facilities / Nominated Building Custodians ...................................................................... 14 4.3.8 Other Specialist Health and Safety Advisors ...................... 15 4.3.9 Communication Manager ...................................................... 15 4.3.10 Training and Education Department .................................. 15 5.0 PRINCIPLES OF HEALTH AND SAFETY .................................................. 15 7.0 DISSEMINATION AND IMPLEMENTATION ............................................... 16 7.1 Dissemination ...................................................................................... 16 7.2 Implementation .................................................................................... 17 7.3 Training/Awareness ............................................................................. 17 8.0 PROCESS FOR MONITORING EFFECTIVE COMPLIANCE...................... 17 9.0 RECORD KEEPING .................................................................................... 17 10.0 EQUALITY & DIVERSITY ........................................................................... 18 11.0 REFERENCES ............................................................................................ 18 12.0 VERSION CONTROL SHEET ..................................................................... 20 12. APPENDICES ................................................................................................... 21 APPENDIX A CONSULTATION ............................................................................. 21 2 APPENDIX B EQUALITY IMPACT ASSESSMENT – INITIAL ASSESSMENT FORM ................................................................................................................................ 23 3 1.0 ASSOCIATED DOCUMENTS This policy to be read in conjunction with other health and safety related policies and procedures as follows:• • • • • • • • • • • • • • • • • • • • • • • Risk Management Policy Risk Management Strategy Risk Assessment Procedure Adverse Event Reporting Procedure Adverse Event Investigation Procedure Serious Incidents Requiring Investigation (SIRI) Policy MAJAX Plan Complaints Management Policy Claims Management Policy Management of Occupational Stress Policy Contamination Injuries Prevention and Management Policy COSHH (Control of Substances Hazardous to Health) Policy Asbestos Management Plan Manual Handling Policy Slips, Trips and Falls Policy for Staff, Visitors and Others Security Policy Display Screen Equipment Policy Fire Safety Policy Latex Policy Maternity Risk Management Strategy Resuscitation Policy Being Open Policy Medical Devices Policy Waste Disposal Policy All policies including the Trust’s compliance with the requirements of health and safety are available on the SharePoint site under Trust Policies. 2.0 INTRODUCTION 2.1 Trust Statement of Intent The minimisation of injury to human costs in terms of injury, pain and incapacity to our staff and visitors is paramount to our Trust. This policy aims to ensure adequate controls are in place to address the Health and Safety risks arising from the Trust’s work activities and that staff are appropriately consulted on matters affecting their health and safety in order that a health and safety culture may be developed that permeates into all areas and activities of the Trust. Effective health and safety requires cooperation at all levels of the organisation. This policy outlines roles and responsibilities and focuses on how to reduce risks through effective control of activities and the environment. The Trust considers this responsibility equal to that of any other management function. The Health and Safety Policy has been developed in accordance with the relevant overaching Health and Safety at Work Act 1974 (HASWA) which requires employers to ensure as far as is reasonably practicable, the health and safety of their employees and others who may be affected by their work activity. In addition, 4 employees must not endanger themselves or others and must use any safety equipment provided. Other relevant Health and Safety related Laws and Regulations are listed below:NB: this list is not exhaustive • • • • • • • • • • • • • • • • • • • Health and Safety at Work Act 1974 Workplace (Health, Safety and Welfare) Regulations 2002 Management of Health and Safety at Work Regulations 1999 Manual Handling Operations Regulations 1992 Personal Protective Equipment at Work Regulation 1992 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 Display Screen Equipment Regulations 1992 Consultation with Employee regulations 1996 Disability Discrimination Act 1995 Healthcare commission core standards Human Rights Act 1998 LOLER Regulations 1998 Mental Capacity Act 2005 Provision and use of work equipment regulations 1998 Safer Patient initiative Safety Representative and Safety Committee Regulations 1977 The Trust complies with the Employers Liability (Compulsory Insurance) Regulations 1999 through its memberships of the NHS Litigation Authority (Liabilities to third Parties Scheme {LTPS})- more details can be found in the Claims Policy Occupiers liability Act 1957 and Occupiers Liability Act 1984 Defective Premises Act 1972 2.2 Sustainable Development - EcoAwaire As part of its development, this policy was reviewed in line with the Trust’s sustainability ideals. As a result, the document is designed to be used electronically in order to reduce any associated printing costs. 2.3 Purpose This Policy has been written to ensure compliance with Section 2 (3) of the Health and Safety at Work Act 1974 that requires organisations to have a written Health and Safety Policy. The Trust recognises its responsibilities as the Employer as specified in the Health & Safety at Work Act (1974) and in all subsequent Health & Safety legislation relevant to the activities of the Trust, including the European Community directives on Health and Safety at Work. This Policy is compliant with the requirements of the NHSLA Acute Risk Management Standards and complements the Trust’s Risk Management Strategy, Risk Assessment Policy, Risk Assessment procedure, Adverse Event reporting procedure and Adverse Event Investigation procedure that can be found on Sharepoint. It provides guidance to management and employees in the fulfilment of their duties. It is the policy of the Trust to provide a safe and healthy environment for all employees, trainees, patients, visitors, contractors, members of the public and users of our services, and to enlist the active support of all employees to achieve this. 5 Good health and safety benefits the Trust by: • seeking to protect staff from injury or illness as a result of work • minimising the financial losses arising from avoidable unplanned events and learning lessons from claims made against the Trust to prevent recurrence events. • ensuring compliance with health and safety related legislative and regulatory requirements • ensuring a systematic approach to the identification of health and safety risks and the allocation of resources to control them and that a robust escalation process is in place. • ensuring compliance with external audits eg NHSLA by evidencing that robust health and safety processes are in place. • enhancing and protecting the reputation of the Trust 2.4 Scope This Health and Safety Policy is created in compliance with common law and statutory duties relating to health and safety. It is supported by specific policies arising from health and safety legislation where required, for example, the COSHH Regulations 1999. It applies to all employees and those who work on behalf of the Trust (including volunteers) and is supplemented by appropriate departmental policy and other specialised policies (see 1.0 of this policy) 3.0 DEFINITION OF TERMS USED WITHIN THIS DOCUMENT Accident Includes any undesired circumstances which give rise to ill health or injury, damage to property, plant, products or the environment, increased liabilities Danger A liability or exposure to harm, a thing that causes peril Dangerous Occurrence Environmental Protection Hazard A “near miss” which could have lead to serious injury or loss of life and which is reportable to the enforcing authorities Arrangements to protect the environment from the effects of workplace activities The potential of a substance, activity or process to cause harm Health Health Surveillance The protection of the bodies and minds of people from illness Monitoring of employee health to detect signs or symptoms of work related ill health so that steps can be taken to eliminate or reduce the probability of further harm Includes acute / chronic ill health caused by physical, chemical or biological agents as well as adverse effects on mental health Ill health Incident Includes all undesired circumstances and near misses which have the potential to cause accidents Near miss Occupational ill health Policy An incident which could have resulted in an accident Illness or physical and mental disorders caused or triggered by workplace activities Is used in relation to health and safety and other functional management areas to convey the general intentions, approach and objectives of an organisation. Written policy statements is used to describe the documents which record the policy of the organisation 6 Risk Definitions relating to risk can be found in the Trust’s Risk Assessment procedure which is available on SharePoint here Safety Suitable and Sufficient Welfare • Acceptable Risk • Residual Risk • Risk • Risk Acceptance • Risk Analysis • Risk Assessment • Risk Avoidance • Risk Control • Risk Evaluation • Risk Identification • Risk Management • Risk Reduction • Risk Transfer • Risk Treatment • System Failure The protection of people from physical injury A set criteria that has to be met to fulfil a duty. The provisions of facilities to maintain health and well-being of individuals 4.0 DUTIES Health and safety requires an active lead from managers at all levels to ensure that it is a fundamental part of the Trust’s total approach to quality improvement, integrated governance and assurance. It is recognised that although ultimate responsibility for health and safety rests with the Board, all staff are required to play a positive role to improve health and safety. Operational responsibility lies with management and the individual employee. Any employee, including managers, department heads, clinical and executive directors and general managers may be found criminally liable if he/she has not fulfilled their duties under the Health and Safety at Work Act 1974 and related regulations. 4.1 Structure for the Management of Health and Safety 4.1.1 Trust Board The Trust Board has overall accountability for health and safety and is responsible for collectively and individually providing health and safety leadership at the Trust, and the development and implementation of this policy. This includes; • • • delegating responsibility to the Chief Executive for ensuring this policy is implemented designating an Executive Director to have overall responsibility, on behalf of the Chief Executive, for co-ordinating risk management and health and safety work within the Trust ensuring all board decisions reflect the trust’s health and safety intentions and policy 7 • • • • • • • acting to engage all staff in health and safety and promoting a positive health and safety culture ensuring they are kept informed and alerted to relevant health and safety issues and that when decisions are being made the health and safety implications are considered ensuring that appropriate resources are allocated to allow implementation of this policy ensuring that effective management systems are in place for monitoring and reporting on health and safety performance, including health and safety audits and an annual review of health and safety performance ensuring liability is covered by adequate insurance reviewing and approving the health and safety policy, at least annually receives risk assessments with a score of 12 and above. 4.1.2 The Executive Assurance Group (EAG) This Group provides the Trust Board with assurances that risks are properly managed and controlled and reviews the management of corporate risks (rated 9 and above). It supports the Trust Board in developing an integrated approach to risk management by ensuring implementation of robust systems that enable the Trust to achieve its objectives. It provides the Trust Board with the information it needs to understand progress against its objectives and highlights serious risks (with a score of 12 and above) to its principal objectives (Assurance Framework). It promotes local level responsibility and accountability by developing capability and effective monitoring and control mechanisms. 4.1.3 Policy, Guidance and SOP s Approval Group Is responsible for ratifying all Trust policies, its terms of reference can be found here. 4.1.4 The Joint Health and Safety Committee This committee, which meets quarterly, reports to EAG in the month following the quarter-end and by exception. It oversees implementation of the health and safety policy; reviews, monitors and makes recommendations with regard to health and safety risks to individuals working for, contracted to or visiting the Trust and also to the Trust’s non-clinical structures, systems and processes. Is chaired by the Designated Executive Director with responsibility for health and safety . Ensures the Trust is compliant with relevant legislative and NHS standards, e.g. Health and Safety at Work Act 1974, NHSLA and consults with staff as described in Appendix C. Detailed responsibilities are covered in the terms of reference, available here. 4.1.5 The Health and Safety Operational Group This committee, which meets bi-monthly, reports to the Joint Health and Safety Committee 8 It oversees operational implementation of the health and safety policy; reviews, monitors and makes recommendations with regard to health and safety risks to individuals working for, contracted to or visiting the Trust and also to the Trust’s nonclinical structures, systems and processes. Is chaired by the Assistant Director Estates and Facilities. Supports the Joint Health and Safety Committee to ensure the Trust is compliant with relevant legislative and NHS standards, e.g. Health and Safety at Work Act 1974, NHSLA. Detailed responsibilities are covered in the terms of reference, available here 4.2 General Roles and Responsibilities 4.2.1 Chief Executive The Chief Executive has overall responsibility for health and safety in the Trust. Through delegation to the designated Executive Director, the Chief Executive will ensure the following: • • • • • • • the Health and Safety Policy is understood and implemented the Trust complies with all health and safety legislation corporate health and safety objectives are created, and a plan developed for their implementation (this may include the development of directorate policies, procedures and objectives) adequate resources, including competent health and safety advice are available to allow the Trust to comply with this policy and legislative requirements processes are in place to provide the Trust Board with the assurance that health and safety risks are appropriately assessed and controlled the Trust Board has the reports necessary to show whether or not this policy is being implemented or where improvements need to be made a positive health and safety culture is promoted The Chief Executive’s overall responsibility for health and safety is discharged through the normal management structure with managers’ job descriptions containing health and safety responsibilities. The Chief Executive will ensure that the effectiveness of the Health and Safety Policy is continually reviewed. 4.2.2 Directors / General Managers / Heads of Service / Department Managers The responsibility for allocating roles and responsibilities for health and safety, for the overall achievement of the Trust’s policy and for the completion of risk assessments rests with the appropriate Directors / General Managers / Heads of Service / Department Managers (Senior Manager). The Senior Managers’ responsibilities are to protect the health and safety of themselves, their staff and people who might be affected by their or their staff's actions and ensure that proper consideration is given to health and safety matters including: • • allocating health and safety responsibilities to specific people and the management of these health and safety staff within their management structure agreeing with the designated Executive Director the role and priorities for nominated health and safety staff 9 • • • • • • • • • • • acting in compliance with trust health and safety and related policies and procedures and in a manner that assists in the development of a health and safety culture interpreting health and safety policy within their sphere of operations ensuring all potential risks, including risk of injury, are identified and risk assessments are undertaken using the trust risk assessment procedure and bringing the results to the attention of the relevant group as described in the risk management policy identifying and carrying out risk assessments of areas under their control where ongoing monitoring of health hazards, for example noise, dust, fume, maybe required. Where a requirement is identified, for liaising with the appropriate specialists to ensure suitable monitoring is in place ensuring incidents are reported and investigated in compliance with the Trust’s adverse event reporting and investigation procedures. ensuring staff receive the appropriate resources, information, instruction, training and supervision required to enable them to work safely ensuring local health and safety arrangements and polices are in place, including effective systems for measuring health and safety performance ensuring this policy is adhered to and incorporated in all contracts with external agencies providing timely feedback to their staff regarding health and safety issues, incidents, risks, controls and mitigating actions work with Head of Facilities/Nominated Building Custodians to ensure suitable signage is in place to warn of hazards alerting the Health, Safety and Emergency Planning Manger or designated Executive Director of any health and safety issues they are, or become aware, of and acting to resolve these issues where appropriate. 4.2.3 Line manager’s responsibilities Managers are directly responsible for ensuring that rules, regulations, procedures and codes of practice relating to health and safety of employees, trainees and others affected by the work of their department, for example contractors, students, agency and locum staff (staff) are correctly adhered to and • • • • • • that staff are aware of and comply with the Trust’s health and safety policy and any local health and safety requirements and arrangements their staff receive the appropriate information, instruction, training and supervision to enable them to work safely staff are aware of, and follow, the process for reporting of incidents and accidents ensuring this policy is adhered to by all people working on site under their responsibility and incorporated in all contracts with external agencies carrying out, and reviewing at least annually, suitable and sufficient risk assessments, relevant to their areas reporting the outcome of all risk assessments pertinent to the management of health and safety to their local Quality and Safety group and where scored o 9 or more to relevant sub-groups to be escalated to the Health and Safety Operational Group and Joint Health and Safety Committee as required, o 9 or more escalated to the Executive Assurance Group for consideration o 12 or more reported to the Board These groups are also responsible for ensuring the assessments are entered onto the local or Trust risk register, approving the actions required to control 10 • • • • • • the risks that fall into their jurisdiction and ensuring assurance is obtained to confirm implementation of the action identifying appropriate specialists, for example occupational hygienists to allow the development safe systems of work to deal with identified hazards and reduce the risk monitoring accident and ill-health reports for their areas of responsibility ensuring that health and safety audits and inspections are completed and any risks / actions identified are acted upon ensuring health & safety requirements for first aid provision are met liaison with trade union representatives, elected employees or directly with employees regarding health and safety matters to ensure staff under their remit attend Employee Health and Wellbeing services for health surveillance if this has been identified through the risk assessment process 4.2.4 Employees responsibilities All employees, trainees, contractors, agency and locum staff are required to: • • • • • • • • • • • • • • • cooperate with supervisors, managers and other employees on health and safety matters not interfere with anything provided to safeguard their health and safety not enter areas where they do not have authorisation to be take reasonable care of their own health and safety and that of other persons who may be affected by their actions carry out their responsibilities in ways that help to ensure a safe and healthy place of work avoid improvisation which may create risks to the health and safety of themselves or others maintain awareness of, and act in accordance with, the requirements of the health and safety policy and other related policies and procedures, including compliance with the uniform and workwear policy. cooperate with the trust on the implementation of this policy, supporting policies, procedures and guidelines and any other change required for health and safety ensure they attend appropriate health and safety training make themselves aware of risk assessments and other health and safety information provided for their benefit encourage colleagues to adopt a positive attitude to health and safety comply with the Trust’s incident management and risk policies bring to the attention of their supervisor or manager, by completing an adverse event form if appropriate o any situation which reasonably could be considered to represent a serious or immediate danger to the health and safety of any person o any matter which reasonably could be considered to represent a shortcoming in the Trust’s health and safety protection arrangements o any other concern related to health and safety o any accident or incident occurred (whether or not injury resulted) and complete an adverse event form. o any extremes of environmental conditions, such as temperature, shadows or glare. where no trade union representation is in place, employees can elect to liaise with management, through an elected staff member, or be consulted as a group, on matters affecting health and safety. to attend Employee Health and Wellbeing services for health surveillance if this has been identified through the risk assessment process 11 4.3 Specialist Health and Safety Responsibilities The following post-holders have additional health and safety duties above the standard responsibilities outlined above. 4.3.1 Designated Executive Director The Trust will designate an Executive Director lead on health and safety. Currently the Director of Operations is designated the lead Director. The designated Executive Director is responsible for: • reporting to the Chief Executive, and Trust Board on policy implementation, achievement of health and safety objectives, any health and safety issues and areas where improvements need to be made. • supporting the implementation of the Health and Safety Policy • ensuring there is a process in place to enable consistent development, implementation and monitoring of health and safety policies, procedures, guidance, etc • working with the Trust’s specialist health and safety staff to agree the health and safety work-plan and for agreeing roles in conjunction with the relevant manager • chairing the Trust’s Joint Health and Safety Committee, reviewing health and safety performance and progress and agreeing plans for improvement • ensuring the Trust meets its legal requirement to consult with employees fully in regard to health and safety matters • ensuring appropriate staff training is in place for health and safety • ensuring appropriate management arrangements are in place to maintain a safe environment for all people attending the Trust site or receiving a service provided by the Trust. • ensuring appropriate competent persons are appointed to undertake health and safety work • working with the Compliance Manager to develop a health and safety culture at the Trust. • working with the relevant specialist to ensure liaison with external agencies occurs promptly and correctly 4.3.2 Compliance manager The Compliance Manager (is the designated competent person for the trust) reports to the Assistant Director of Healthcare Governance and is responsible for the following: • formulating and developing the health and safety policy and management structure in line with HSE Best practice ; • reporting arrangements are in place against key performance indicators to monitor the Trust’s performance relating to health and safety; including incident reporting statistics and areas of non-compliance; • providing advice and guidance to assist managers to meet their duties under health and safety law; • ensuring and monitoring compliance with legal and regulatory requirements and other relevant standards; • co-ordinating Trust’s systems for maintaining Health and Safety compliance; • ensuring, through the designated Executive Director, the Board receives an annual report in regard to the Trust’s status regarding health and safety. • work with the designated director to plan the trusts approach to health and safety and support the Trust’s health and safety culture 4.3.3 Health and Safety Co-ordinator The Health & Safety Co-ordinator reports to the Compliance Manager and is responsible for the following 12 • • • • • • • • • • • supporting the development and review of Health and Safety policies and guidance; co-ordinating the reporting and investigation of all RIDDOR accidents and supporting staff in the investigation of accidents; delivering appropriate health and safety training to Trust employees and trainees and feeding into the Mandatory Trainers meetings on quality of training delivered; assisting Trust employees and managers to carry out risk assessments in situations to ensure health and safety risks are minimised; promoting a health and safety culture including effective communication regarding health and safety to help ensure active participation of Trust staff and other interested parties; undertaking routine interrogation of the Adverse Event Reporting database to highlight patterns and trends to produce quarterly dashboard reports to the Health and Safety Operational Group. Co-ordination of risk reduction plans from other health and safety specialist areas to add to reports; producing quarterly reports for health and safety related groups for further discussion/identification of hot spot areas. Chair and feed into slip, trip, fall and contamination injuries working group subgroups. Also input into manual handling subgroup; Responsibility for the self inspection audit system and ensuring that all areas complete this annually to ensure all areas are health and safety compliant. Coordination and support given to all areas with Trust and community based staff; Providing assurance for agreed, specified areas (including slips, trips and falls and COSHH) under the SIA that the responses received are valid working with other health and safety specialists within the Trust to ensure safety of Trust staff. co-ordination with estates maintenance with regards to health and safety operational group agenda planning and escalation of appropriate issues to the joint health and safety group as required. 4.3.4 Head of Employee Health and Wellbeing The Head of Employee Health and Wellbeing reports to the Head of and is responsible for: • providing an Employee Health and Wellbeing service • pre-employment and health screening • secure storage and maintenance of staff health records • providing a staff counselling service, including following an incident • supporting managers with the rehabilitation and resettlement of employees returning after accidents or illness. • advising on and helping the Trust to develop relevant policies and guidance • advising managers of problems which may affect the health and safety of employees and trainees • maintaining the immunisation service as required • keeping up-to-date with changes in legislation, standards and good practice • supporting managers in delivering a safe working environment for staff • where appropriate, arranging for and keeping records for health surveillance 4.3.5 Fire Safety Advisor The Fire Safety Advisor will be accountable to the Head of Facilities (Fire Safety Manager) for matters of fire safety in line with HTM 05-01. They provide competent fire safety advice and will be responsible for: • undertaking, recording and reporting fire risk assessments; • providing expert advice on fire legislation • providing expert technical advice on the application and interpretation of fire safety guidance, including DH’s Firecode; 13 • • • • • • • • • • assisting with the review of the content of the Trust’s fire safety policy; assisting with the development and delivery of a suitable and sufficient training programme for staff; the assessment of fire risks within premises owned, occupied or under the control of the Trust; the preparation of fire prevention and emergency action plans; the investigation of all fire-related incidents and fire alarm actuation; liaison with the enforcing authorities on technical issues; liaison with managers and staff on fire safety issues; liaison with the authorising engineer (fire). giving advice regarding fire safety measures, recommending the order of priorities of fire safety work and undertaking fire risk assessments ensuring compliance with relevant fire legislation 4.3.6 Manual Handling Coordinator The Moving and Handling Co-ordinator reports to the Training and Development Manager and is responsible for: • advising and assisting mangers in the implementation of the moving and handling policy; • providing specialist manual handling advice to staff to ensure they develop and maintain their manual handling knowledge and skills; • delivering training for key trainers, new staff, and updates for remaining staff in the absence of a key trainer; • reporting on training, provision and uptake quarterly to the manual handling assurance group, health and safety operational group and quality and safety assurance group • assisting with manual handling risk assessments in complex handling situations or where the manager feels they are unable to do so; • assisting with the development of local guidelines for manual handling tasks and reporting these to the manual handling assurance group; • supplying information to all wards/departments on all aspects of manual handling as required via the manual handling sharepoint site; • providing specialist advice and guidance on all aspects of manual handling; • reporting on changes to the Manual Handling Operations Regulations and other relevant regulations and guidelines; • assisting with review of health and safety incident reports; • providing assistance to Employee Health and Wellbeing in the assessment of staff with appropriate complex handling needs via a robust referral system; • reporting, reviewing and providing assurance on the results of the aspects of the Self Inspection Audit process relating to manual handling. 4.3.7 Assistant Director Estates and Facilities / Nominated Building Custodians Are responsible for the fabric of the Trust, they have a duty to: • carry out the operational health and safety management of the Trust’s buildings and fabrics, including ensuring safe access and egress • assist managers and safety representatives to ensure that staff working environment is in a safe and healthy condition • when selecting flooring ensuring slip resistance has been assessed and taken into account • make arrangements for the communication, co-operation and co-ordination of health and safety arrangements with others in shared premises • make repairs and carry out maintenance to ensure a safe working environment for staff, visitors and others • ensure specialists are consulted during all phases of construction and refurbishment projects, 14 • • advising the designated Director and Compliance Manager of areas for concern and improvement regarding health and safety work with senior managers to ensure suitable signage is in place to warn of hazards 4.3.8 Other Specialist Health and Safety Advisors The Trust employs or has access to other health and safety advisors including: • Director of Infection, Prevention and Control • Infection Control Manager • Assistant Director Estates and Facilities (also the Local Security Management Specialist and Fire Safety Manager) • Resuscitation Officer • Head of Capital Corporate Services (for Legionella and Asbestos advice) • Radiation Protection Advisor, Medical Physics BRI Their individual responsibilities are defined within the relevant policies located on the Trust Policies page on Sharepoint 4.3.9 Communication Manager The Trust‘s Communication Manager is responsible for managing all contacts with the media regarding health and safety issues. 4.3.10 Training and Education Department On joining the Trust all staff will receive health and safety induction training including, risk assessment, incident investigation, fire and manual handling training. They will also receive local induction that includes local health and safety arrangements. This training will be repeated at defined intervals, depending on the type of job held. Advice and support on health and safety and the risk management process is provided by the Quality and Safety Team, including how to grade and classify risks. Additional health and safety training can be provided for leads and department managers as identified through their personal development plans. The training needs analysis for the trust identifies which training and how frequently that training takes place and is available at: http://www.learnonline.nhs.uk/Trust+Training/Airedale+NHS+Trust/General+Training/ Training+Prospectus 5.0 PRINCIPLES OF HEALTH AND SAFETY The Trust has responsibilities under health and safety legislation and will • • • • • • Provide adequate control of the health and safety risks arising from our work activities by: carrying out appropriate risk assessments; ensuring accidents and incidents are reported via the Trust Adverse Event Reporting Process; investigation and lessons learnt to prevent recurrence. Proactively review health and safety arrangements to ensure continuous improvement in health and safety practice Conduct our work activities in such a way as to ensure, so far as is reasonably practicable, that people not employed by the Trust, but who may be affected by the Trust’s activities are not exposed to health and safety risks. Recognise that accidents, ill health and incidents result from the failure of management control and are not necessarily the fault of individual employees Ensure safe means of access and egress Trust Wide. Maintain safe and healthy working conditions (including the provision of adequate welfare facilities), safe systems and methods of work and seek to protect 15 • • • • • • • • • • employees, trainees, contractors, patients, visitors, members of the public and users of our services from hazards. Provide suitable and sufficient information, instruction, training and supervision to ensure all employees are competent to carry out their jobs safely and efficiently Use the best possible means to prevent the emission of noxious or offensive substances and to render these substances harmless and inoffensive Provide and maintain safe plant, equipment, machinery and systems of work (this is covered in detail within the Estates Maintenance Health and Safety (Policy) Ensure safe handling, storage, transportation and use of substances (this is covered in detail within the COSHH policy) Encourage a supportive health and safety and risk culture that allows adequate control measures in regard to health and safety risks and ensures staff are actively encouraged to report any safety issue. Acknowledge that people are a key resource to the Trust and act to promote the general health, safety and wellbeing of its staff Promote standards of health, safety and welfare in order to comply with, at minimum, the provisions and requirements of the Health and Safety at Work Act 1974 and all other statutory provisions, guidance and where applicable codes of practice. Ensure adequate meeting arrangements are in place (Health and Safety Operational Group and Joint Health and Safety Committee) to consult with employees in regard to health and safety issues and arrangements and to provide a mechanism for raising health and safety concerns. (see Appendix C for more information on the requirement to consult staff). Provide adequate and appropriate resources to implement this policy, including access to specialist advice when required. Review and revise this policy as necessary, but not less than annually. Breaches of this policy which would constitute a failure to comply with the Health and Safety at Work Act 1974 and its associated regulations may lead to the prosecution of the organisation/individual involved. Breaches of this policy could potentially result in disciplinary action being taken under the Trust’s disciplinary policy whether or not a prosecution takes place. The Trust is aware the Corporate Manslaughter Act 2007 has removed the ‘directing mind’ and placed greater responsibility for health and safety on all senior staff whose duty it is to ensure all relevant policies and procedures are known to, and observed, by staff under their control and that premises and plant are maintained in a safe condition and that any risks to health and safety are identified and assessed. The Trust will support managers and supervisors, as far as is reasonably practicable, to achieve and comply with their duties of care. 6.0 CONSULTATION PROCESS This policy has been developed and reviewed by the Health and Safety Co-ordinator, Compliance Manager, Assistant Director of Healthcare Governance, Health and Safety Operational Group, Joint Health and Safety Committee, Policy, Guidance and SOPs Approval Group and all staff with specialist responsibilities identified within this policy. 7.0 DISSEMINATION AND IMPLEMENTATION 7.1 Dissemination This Policy will be communicated through the following mechanisms; 16 • • • • • • • Policy, Guidance and SOPs Approval Group Joint Health and Safety Committee Monthly Communication Room Meeting Weekly Staffing Briefing Matrons and Sisters Meeting Clinical Leads Sharepoint under the Trust Policies Page 7.2 Implementation To ensure that this procedural document comes to the attention of all Trust staff who need to adhere to and act upon the requirements contained within it the document will be posted via the Weekly Brief. This document will be implemented immediately. All managers will oversee implementation of this policy within their areas of responsibility. Implementation of this policy will be co-ordinated by the policy author. 7.3 Training/Awareness Delivery of quality and safety training to staff is via the Trust’s corporate induction and update mandatory training. This training is to be attended on commencement of employment and to be updated every three years. This training includes reporting of incidents using an adverse event form and explains the risk assessment process. 8.0 PROCESS FOR MONITORING EFFECTIVE COMPLIANCE Standard to be monitored Process for monitoring Frequency Person responsible Committee accountable for: Frequency of monitoring Assessment of Health and Safety Policy Compliance Audit & Review of implemented health and safety arrangements Health and Safety data collected is representative of all incidents Report Annual Compliance manager Joint H&S Committee Annual Self inspection audit Annual Health and Safety Coordinator Annual Monitor reported Health and Safety incidents by; • Type and Severity Investigation Completed & Action taken Health and Safety Dashboard Report Bimonthly / Quarterly Health and Safety Coordinator Operational H&S Group Joint H&S Committee Operational H&S Group Joint H&S Committee Bimonthly / Quarterly Health and Safety Coordinator Operational H&S Group Joint H&S Committee Bimonthly / Quarterly RIDDOR reports are notified to the HSE and have a completed post accident risk assessment 9.0 RECORD KEEPING 17 Bimonthly / Quarterly This policy will result in the following classes of records being created, which will observe the following retention regimes: Record Type H&S Annual Report H&S Audit results H&S incident data RIDDOR Reports Retention period 8 years 8 years As defined in incident policy As defined in incident policy Disposal method Secure - shredding Secure - shredding Secure - shredding Secure - shredding 10.0 EQUALITY & DIVERSITY Airedale NHS Foundation Trust is committed to the overarching principles of Equality and Diversity. As such the organisation values and supports its entire staff. We are committed to ensuring all forms of prejudicial, unfair basis and/or actions which result in discriminatory practices are eliminated. The Trust makes this stand based not only on meeting its legislative duties but also a moral strand on ensuring equitable outcomes for all of its staff and patients. The Foundation Trust is continually working towards eradicating all forms of harassment and discrimination, exclusion, victimisation, harassment and bullying and working to ensure it meets its legal duties by ensuring that: • • • unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010 are eliminated equality of opportunity between people from different groups; is advanced and good relations between people from different groups are fostered. The Trust treats any complaints it receives very seriously and as such any complaint received in respect of this policy or associated policies (in terms of application or adherence) will be investigated by Foundation Trust Staff. The process undertaken will also ensure that complainants, patients, relatives and carers are not discriminated against on the grounds of disability, gender, marital status, sexuality, colour, race, nationality, ethnic origin, religion, belief or age. Additionally, the Trust will ensure that no individual is treated in a detrimental manner as a result of having made a complaint. The policy will be continually reviewed to ensure that there are no elements within the policy, practice or procedures that are prejudicial on any grounds in respect of the protected equality characteristics mentioned above. Using the guidance produced under the auspices of Equality legislation, this document has also been equality impact assessed and is attached at the end of the document. An Equality and Diversity Impact Assessment is appended at the end of the document (See Appendix B). 11.0 REFERENCES Legislation and other Health related guidance is as follows:• Health and Safety at Work Act 1974 • Workplace (Health, Safety and Welfare) Regulations 2002 • Management of Health and Safety at Work Regulations 1999 • Manual Handling Operations Regulations 1992 • Personal Protective Equipment at Work Regulation 1992 • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 18 • • • • • • • • • • • • • • Display Screen Equipment Regulations 1992 Consultation with Employee regulations 1996 Disability Discrimination Act 1995 Healthcare commission core standards Human Rights Act 1998 LOLER Regulations 1998 Mental Capacity Act 2005 Provision and use of work equipment regulations 1998 Safer Patient initiative Safety Representative and Safety Committee Regulations 1977 The Trust complies with the Employers Liability (Compulsory Insurance) Regulations 1999 through its memberships of the NHS Litigation Authority (Liabilities to third Parties Scheme {LTPS})- more details can be found in the Claims Policy Occupiers liability Act 1957 and Occupiers Liability Act 1984 Defective Premises Act 1972 HSG 65 Successful Health and Safety Management 19 12.0 VERSION CONTROL SHEET Version Date Author 6.0 May 2013 Alison Fuller – AD Healthcare Governance 6.1 July 2013 Carol Woolgar – Compliance Manager Status Draft Comment Approved Approved by JH&SC 08/08/2013 20 12. APPENDICES APPENDIX A CONSULTATION It is the policy of the Trust to fulfil the requirement to co-operate with representatives of recognised trade unions or those elected as representatives of employee safety, so that health and safety can be promoted and controlled effectively. A.1 Appointed Trade Unions The Safety Representatives and Safety Committees Regulations gave recognised trade unions the right to appoint safety representatives amongst employees. Employers are also required to consult with safety representatives so that arrangements are made and maintained allowing effective co-operation. Where trade unions are recognised, with an appointed safety representative, then consultation must occur on matters affecting the group or groups of employees they represent. They are entitled to • investigate possible dangers at work, the causes of accidents there and general complaints by employees on health and safety and welfare issues and to take these matters up with the employer. • carry out inspections of the workplace particularly following accidents, diseases or other events. • represent employees in discussions with health and safety inspectors and to receive information from those inspectors; and • go to meetings of safety committees. A.2 No Trade Union Representation There is a duty to extend consultation to any employees, who are not members of a group covered by trade union representatives. Employees who are not covered by trade union representatives must be consulted either directly or through elected representatives. The employees should elect a candidate, if this is the method by which they wish to be consulted. They are entitled to • take up with employers concerns about possible risks and dangerous • events in the workplace that may affect the employees they represent. • take up with the employers general matters affecting the health and safety • of the employees they represent; and • represent the employees who elected them in consultations with health • and safety inspectors. • In addition, employers may also choose to give elected representatives extra roles. A.3 Consultation on Health & Safety • Consultation involves employers providing information to employees, and also listening and taking account of what employees have to say, prior to decisions being made. • If a decision involving work equipment, process or organisation could affect the health and safety of employees, the employers must allow time to give the employees or their representatives information about what is proposed. Time must be allowed for representatives to express their views, account of which must be taken prior to a final decision being made. 21 A.4 Areas of Consultation Consultation with employees must be carried out on matters regarding health and safety at work, including. • Changes which may substantially affect health and safety e.g. procedures, equipment or ways of working. • Arrangements for getting competent persons to help satisfy health and safety law. • Information that employees must be given on the likely risks and dangers arising from work, measures to reduce/eliminate risk, and action to take to deal with risk or danger. • Planning of health and safety training. • Health and safety consequences of introducing new technologies. A.5 Help and Training • Representatives must receive training to allow them to carry out their functions effectively. • All representatives must be given time off with pay to take part in any training they may need. A.6 Availability of Information • Employee representatives must be given enough information to allow them to take full and effective part in consultation. • Employers are not obliged to provide information that they are not aware of, or if it: o Would be against the interest of national security or against the law. o Is about someone who has not given his or her permission for it to be given out. o Would – other than for reasons for its effect on health and safety, harm o the Trust; o If they have obtained the information for the purpose of any legal proceedings 22 APPENDIX B EQUALITY IMPACT ASSESSMENT – INITIAL ASSESSMENT FORM Name of Document HEALTH AND SAFETY Policy Date of Assessment 24/02/09 Assessment undertaken by Carol Woolgar, Kuldip Sohanpal Department Risk Management, Please the appropriate box to indicate appropriate nature of document. Function of the service Policy Procedure Strategy Other (please state) Please provide brief details of the main aims, objectives and intended outcomes/benefits of the document being assessed The Trust is required to have a HEALTH AND SAFETY policy to comply with legislative requirements around HEALTH AND SAFETY, to set out the Trust’s approach to HEALTH AND SAFETY and to provide a structure within which the HEALTH AND SAFETY arrangements at the Trust will operate. From the document being assessed who will benefit and in what way All staff, patients and visitors to the AGH site will benefit from the Trust having a strong and consistent approach to HEALTH AND SAFETY Please list any stakeholders in relation to the document being assessed. All employees of the Trust, all employees with specific HEALTH AND SAFETY roles at the Trust. The policy has been presented to all members of the JHEALTH AND SAFETY Committee for comments (which includes employee representatives) and all staff with specific roles in the policy. Initial Assessment Form Page 23 Please check the document and assess it for any statements, conditions, rules or requirements which could potentially exclude or when applied, cause an adverse impact against any group of individuals, in respect of race, gender, disability, age, faith and sexual orientation. The following information will help ascertain if the Function / Policy / Procedure / Strategy is sensitive in respect of outcomes for members of the community. This process should also help in identifying improvements required to ensure the process is compliant with equality legislation. Please ensure that the comments section lists evidence (either presumed or otherwise, irrespective of “Yes” or “No”) Please if there are concerns that the document being assessed could have a differential impact on groups due to: Yes No Comments 1.Race The policy applies to all employees of the Trust equally. 2.Gender The policy applies to all employees of the Trust equally. 3.Disability The policy applies to all employees of the Trust equally. 4.Sexual Orientation The policy applies to all employees of the Trust equally. 5.Age The policy applies to all employees of the Trust equally. 6.Religious Belief The policy applies to all employees of the Trust equally. 7.Dependants / Caring Responsibilities 8.Transgendered or Transsexual The policy applies to all employees of the Trust equally. The policy applies to all employees of the Trust equally. Initial Assessment Form Page 24 Could the differential impact identified in the points above amount to there being the potential for adverse impact in the document being assessed? Comments (please explain) The policy applies to all employees of the Trust equally If you have ticked “Yes” to any of the above statements, the document being assessed may be considered to be discriminatory and require reviewing / a full impact assessment to ensure compliance with legislation. Please provide details of the action that will be undertaken to mitigate the risks in order to minimise adverse impact. Proposed action When planning training for HEALTH AND SAFETY issues around discrimination, for example age and race will be considered Timeframe As training is planned Resource implications None additional Signed (completing officer) _____ Carol Woolgar__________________________ Lead Lead trainer Signed (Lead Officer) ___________Kuldip Sohanpal______________ Initial Assessment Form Page 25