Equality, Good Relations and Human Rights SCREENING TEMPLATE ***Completed Screening Templates are public documents and will be posted on the Trust’s website*** See Guidance Notes for further background information on the relevant legislation and for help in answering the questions on this template (follow the links). Completion of screening should lead to one of the following three outcomes: 1. The policy/proposal has been ‘screened in’ for equality impact assessment; 2. The policy/proposal has been ‘screened out’ with mitigation or an alternative policy/proposal proposed to be adopted; 3. The policy/proposal has been ‘screened out’ without mitigation or an alternative policy/proposal proposed to be adopted. The third outcome above will include some policies which are ‘technical’ in nature and will have no bearing in terms of their likely impact on equality of opportunity and/or good relations for people within the equality and good relations categories. Screening will help to identify these types of policies at an early stage, thus enabling them to be ‘screened out’. Some policies/proposals may be subject to ongoing screening and further scrutiny to determine the impact on those directly affected. They are not being ruled out for a more detailed EQIA but it is not possible at the early stages to determine the full impact of the policies/proposals, but there is a commitment to an ongoing assessment. A full EQIA will be carried if at any stage it is deemed appropriate and necessary to do so. 1. Information about the Policy/Proposal Name of the policy/proposal Fit Testing of Respiratory Protective Equipment (RPE) masks. 1 Is this a new, existing or revised policy/proposal? This is a revised policy. This policy has been updated in line with regional guidance. What is it trying to achieve (intended aims/outcomes)? This policy and procedure is designed to provide a clear, comprehensive and consistent approach to fit testing of RPE within the BHSCT. Are there any Section 75 categories which might be expected to benefit from the intended policy/proposal? If so, explain how Not applicable. Who owns and who implements the policy/proposal - where does it originate, for example DHSSPS, HSC Board? Belfast Health and Social Care Trust. Are there any factors that could contribute to/detract from the intended aim/outcome of the policy/proposal/decision? (Financial, legislative or other constraints?) Availability of a Trust wide fit testing service and availability of respirator masks. Who are the internal and external stakeholders (actual or potential) that the policy/proposal/decision could impact upon? (staff, service users, other public sector organisations, professional bodies, independent sector, voluntary and community groups, trade unions etc) 2 All staff working directly with patients in an environment which requires the Health Care Worker (HWC) to wear appropriately fitting respiratory protective equipment, agency staff, nominated visitors Self-employed persons or contractors working in the Trust in conjunction with the delivery of the Trust’s Services i.e Estates Services . Other policies with a bearing on this policy/proposal (for example regional policies) - what are they and who owns them? Management of Tuberculosis (TB) BHSCT Policy 2012 FFP3 Respirators and Fit Testing Guidance for Health and Social Care Organisations. Circular Reference:HSC (PHD) Communication 03/2011. October 2011 Management of Seasonal Flu 2011/12. DHSSPSNI. HSS (MD) 19/ 2011. September 2011 Northern Ireland Regional Infection Control Manual. UK Influenza Preparedness Strategy 2011. DoH Control of Substances Hazardous to Health (COSHH) BHSCT Policy March 2011 BHSCT Interim Flu Guidance. November 2011 HSE Operational Circular 282/28 (2010) Health & Safety Policy 2009 BHSCT Infection Prevention and Control Management Arrangements Policy. 2008. Clinical Management of TB and measures for prevention and control, NICE, 2006 2. Management of Health & Safety at Work (NI) Regulations 2000. Available evidence Evidence to help inform the screening template can take many forms, for example Trust’s own information systems, previous consultations, Audit of 3 Inequalities, statistics, research, surveys, Equality Impact Assessments (EQIAs), complaints or service monitoring. Using the evidence/information (both qualitative and quantitative) that you have gathered to inform this screening, please specify details/make up for each of the Section 75 categories and for both service users and staff. Category Gender Age Details of evidence/information Staff Service Users All staff who are required to wear No appropriately fitting respiratory protective equipment (RPE) as determined by the outcome of a COSHH risk assessment. The proportion of staff employed in the Belfast Trust is Female 78.4% and Male 21.6% This Policy does not identify specific groups of staff thought to be RPE users. The groupings affected by the Policy would therefore be the groupings of staff within the Belfast Trust under section 75. It is for local managers complete appropriate COSHH risk assessments to identify staff who use of RPE in connection with the delivery of care to specific patients for part of the working day. All 16-24 - 5.4%, 25-34 - 26.0% 35-44 - 27.4% 45-54 - 28.3% 55-64 - 11.6% 65+ - 1.3% Religion All 5.5% Not known 45.3% Protestant 49.2% Roman Catholic Political Opinion All 4 Marital All Status Dependent All Status Disability All Ethnicity Sexual All Orientation Provide details of how you have involved stakeholders, views of colleagues, service users and staff etc when gathering evidence. This policy has been developed in collaboration with the BHSCT Fit Testing Committee, BHSCT Pandemic Planning Committee and the Trust Joint Health and Safety Committee which is made up of representation from Directorates within the BHSCT. Consultation with employees and Trade Union representatives during the development of this policy is a legal requirement. The Trust’s Joint Trust Health & Safety committee and service groups have been consulted on this policy and procedure. This consultation process was complete on May 2012 A record of all comments and agreed amendments has been retained. 5 3. Needs, experiences and priorities Taking into account the information referred to in Table above, what are the different needs, experiences and priorities of each of the following categories, in relation to the particular policy/proposal/decision? Specify details for each of the Section 75 categories and for both service users and staff. For example if you are relocating a service you will need to consider accessibility of location, needs of staff with caring responsibilities or reasonable adjustments for people with disabilities. Is the new location perceived to be welcoming to all sections of the community? Think about possible unmet need and health inequalities, for example can people from minority ethnic communities access your service? This should not deter the Trust from taking action to address disadvantage amongst particular sections of society in order to address health and social care inequalities. Category Gender Details of needs, experiences/priorities Staff Local managers will assess the necessity for staff to complete a fit test on completion of a COSHH risk assessment within their department/facility. They will also be required to monitor and review the outcome of the COSHH risk assessment and the necessity for staff to wear RPE and the implementation of supporting infection control measures and problems arising out of this process. Age No Religion No Political Opinion No Service Users 6 Marital No Status Dependent No Status Disability No This policy is in line with the Disability discrimination Act 1995 which places a duty on the Trust to make reasonable adjustments when required. Ethnicity No Sexual No Orientation 4. Screening questions You now have to assess whether the impact of the policy/proposal is major, minor or none. You will need to make an informed judgement based on the information you have gathered. Here are some guidelines that might be useful. In favour of a ‘major’ impact a) The policy is significant in terms of its strategic importance; b) Potential equality impacts are unknown, because, for example, there is insufficient data upon which to make an assessment or because they are complex, and it would be appropriate to conduct an equality impact assessment in order to better assess them; c) Potential equality and/or good relations impacts are likely to be adverse or are likely to be experienced disproportionately by groups of people including those who are marginalised or disadvantaged; d) Further assessment offers a valuable way to examine the evidence and develop recommendations in respect of a policy about which there are concerns amongst affected individuals and representative groups, for example in respect of multiple identities; e) The policy is likely to be challenged by way of judicial review; f) The policy is significant in terms of expenditure. In favour of ‘minor’ impact a) The policy is not unlawfully discriminatory and any residual potential impacts on people are judged to be negligible; 7 b) The policy, or certain proposals within it, are potentially unlawfully discriminatory, but this possibility can readily and easily be eliminated by making appropriate changes to the policy or by adopting appropriate mitigating measures; c) Any asymmetrical equality impacts caused by the policy are intentional because they are specifically designed to promote equality of opportunity for particular groups of disadvantaged people; d) By amending the policy there are better opportunities to better promote equality of opportunity and/or good relations. In favour of none a) The policy has no relevance to equality of opportunity or good relations. b) The policy is purely technical in nature and will have no bearing in terms of its likely impact on equality of opportunity or good relations for people within the equality and good relations categories. 4.1 What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories? Minor/major/none Section 75 Details of policy/proposal impact Level of impact? category Minor/major/none Staff Service Users Gender This Policy does not None No identify specific groups of staff thought to be RPE users.. The groupings affected by the Policy would therefore be the groupings of staff within the Belfast Trust under section 75. It is for local managers to identify staff who use RPE for a part of the working day in connection with the delivery of care to specific patients.However there is a 8 significantly higher percentage of female staff to male staff and therefore more females will be affected by this policy. Age No None No Religion No None No Political Opinion Marital Status Dependent Status Disability No None No Yes. The majority of None staff are married No None No No None No Yes. The majority of None staff are white with 3.04% from an ethnic minority background Sexual No. The sexual None Orientation orientation of 56.6% of staff is unknown No Ethnicity No No For example does the policy/proposal or proposal disproportionately impact on men or women? Think about multiple identities, for example women with caring responsibilities, or older people with disabilities. 4.2 Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories? Section 75 If yes, provide details If no, provide reasons category Gender Not applicable Age Not applicable 9 Religion Not applicable Political Opinion Marital Status Dependent Status Disability Not applicable Ethnicity Not applicable Sexual Orientation Not applicable Not applicable Not applicable Not applicable For example, when relocating a service has there been engagement with service users, is there flexibility for staff with caring responsibilities, is there assistance for additional travel? 4.3 To what extent is the policy/proposal likely to impact on good relations between people of different religious belief, political opinion or racial group? minor/major/none Good Details of policy/proposal Level of impact relations impact Minor/major/none category Religious None belief Political opinion Racial group None None. Details are provided in the policy regarding translation services. For example, is your service/facility welcoming to the whole community? 10 4.4 Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group? Good If yes, provide details If no, provide details relations category Religious Not applicable belief Political opinion Not applicable Racial group Not applicable For example, have staff been trained on good relations (anti racism and anti sectarianism)? 5. Screening decision A full equality impact assessment (EQIA) is usually confined to those policies or decisions considered to have major implications for equality of opportunity. How would you categorise the impacts of this decision or policy/proposal? (refer to guidance notes for guidance on impact) Please tick: Do you consider that this policy/proposal or decision needs to be subjected to a full equality impact assessment? Please tick: Major impact Yes Minor impact No √ No further impact √ 11 Do you consider the policy/proposal needs to be subjected to ongoing screening? Please tick: Yes No √ Please give reasons for your decision. This policy is designed to ensure that it relates to Trust staff who on the basis of their role and COSHH risk assessment require a fit test to wear RPE and provides guidance on how a fit test should be undertaken. This policy and procedure is designed to provide a clear, comprehensive and consistent approach to fit testing of RPE within the BHSCT. There is no evidence to suggest that it would have an adverse impact on any of the Section 75 groups. does not exclude any particular groups. If you have identified any impact, what mitigation have you considered to address this? Not applicable. 6. Consideration of disability duties In what ways does the policy/proposal or decision encourage disabled people to participate in public life and what else could you do to do so? For example, have you engaged with disabled people in relation to this policy/proposal/proposal? How does the policy/proposal or decision currently encourage disabled people to participate in public life? What else could you do to encourage disabled people to participate in public life? The policy states that it can be provided in alternative formats and measures will be taken to assist in communicating this policy when required. 12 In what ways does the policy/proposal or decision promote positive attitude towards disabled people and what else could you do to do so? How does the policy/proposal or decision currently promote positive attitudes towards disabled people? What else could you do to promote positive attitudes towards disabled people? Not required. None For example, have your staff received disability equality training or training on the Trust’s Patient and Client Experience Standards? 7. Consideration of Human Rights Does the policy/proposal or decision affect anyone’s Human Rights? Complete for each of the articles Article Positive impact Negative impact = human right interfered with or restricted Neutral impact Article 2 – Right to life Article 3 – Right to freedom from torture, inhuman or degrading treatment or punishment Article 4 – Right to freedom from slavery, servitude & forced or compulsory labour Article 5 – Right to liberty & security of person Article 6 – Right to a fair & public trial within a reasonable time Article 7 – Right to freedom from retrospective criminal law & no punishment without law Article 8 – Right to respect for private & family life, home and correspondence. 13 Article 9 – Right to freedom of thought, conscience & religion Article 10 – Right to freedom of expression Article 11 – Right to freedom of assembly & association Article 12 – Right to marry & found a family Article 14 – Prohibition of discrimination in the enjoyment of the convention rights 1st protocol Article 1 – Right to a peaceful enjoyment of possessions & protection of property 1st protocol Article 2 – Right of access to education If you have identified potential negative impact in relation to any of the Articles in the table above, speak to your line manager and/or Equality Unit. It may also be necessary to seek legal advice. Please outline any actions you will take to promote or raise awareness of human rights or to ensure compliance with the legislation in relation to the policy/proposal or decision. For example, staff training and evidence that human rights have been taken into consideration in decision making processes. Training is provided on Equal Opportunities to all staff – part of Statutory/Mandatory Training Matrix 8. Monitoring What data will you collect in the future in order to monitor the effect of the policy/proposal or decision on any of the categories (for equality of opportunity and good relations, disability duties and human rights? Equality & Good Relations See Below Disability Duties See Below Human Rights See Below 14 The COSHH risk assessment for the use of RPE in the clinical setting facilitates the identification of staff who are required to complete a fit test and wear RPE as a significant part of their normal work for the Trust. Local Managers will be required to monitor and review the implementation of the required control measures and problems arising out of this process in line with infection control guidance and COSHH Risk Assessment. Approved Lead Officer: Mary Carey Position: Senior Manager, Emergency Planning Date: 16th May 2012 Policy/proposal screened by: Veronica McEneaney Please forward completed screening template to the Equality Unit. 15