West Lothian Council Personal Safety at Work Framework Procedure Approved by PP&R Committee 5 November 2002 Business Support Revised August 2005 Revised January 2011 Revised December 2012 Revised January 2013 Data Label: Internal Only PERSONAL SAFETY AT WORK FRAMEWORK PROCEDURE CONTENTS 1. INTRODUCTION 2 2. PREVENTATIVE MEASURES AND RISK ASSESSMENTS 2 3. DEFINITION AND EXAMPLES OF VIOLENT BEHAVIOUR ………………. 3 4. REPORTING OF VIOLENT INCIDENTS ……………………………………. . 5. INVESTIGATION AND PREVENTATIVE ACTION …………………………. 4 6. MEETING CLIENTS IN NORMAL WORKPLACE …………………………... 4 7. MEETING CLIENTS OUTWITH NORMAL WORKPLACE …………………. 5 8. HANDLING MONEY/VALUABLES ……………………………………… 6 9. WORKING WITH VULNERABLE CLIENT GROUPS …………………. 7 10. LONE WORKING ………………………………………………………….. 7 11. POLICY ON SELF-DEFENCE …………………………………………….. 8 12. POST INCIDENT EVALUATION AND SUPPORT MEASURES ………. 9 13. RETURN TO WORK ………………………………………………………. 9 14. REVIEW OF PROCEDURES …………………………………………… … 9 4 APPENDIX 1 - incident report ...…………………………………………… 12 APPENDIX 2 - violent incident report ………………………………… 13 APPENDIX 3 - LONE WORKER DATASHEET 14 APPENDIX 4 - REVIEW OF VIOLENT INCIDENT 15 1 Data Label: Internal Only PERSONAL SAFETY AT WORK FRAMEWORK PROCEDURE (Applicable to ALL groups and categories of council employees) 1. INTRODUCTION 1.1 This framework covers violence at work and lone working and aims to protect and safeguard employees whilst at work. 1.2 The council has a statutory duty to safeguard the health, personal safety and welfare of its employees whilst at work. The risk of work-related violence is often foreseeable, eg where previous incidents have occurred. It can therefore be assessed, minimised or prevented. In short, employers must make an assessment of the risks, remove those risks, and only where it is not possible to eliminate them, introduce comprehensive strategies to control them. 1.3 All violence to staff is unacceptable and whatever the reason will not be regarded as part of the job. The council can only protect employees if the employee reports all instances of violent behaviour. This information will enable the council to identify if additional action is required and can also show if a trend is developing. 1.4 The nature of some services the council provides can potentially place the personal safety of some employees at risk. The council’s policy is to take all reasonable practicable steps to eliminate or minimise that risk and this procedure provides a general framework for Services to adopt. Each incident is likely to be different, so providing detailed actions to take is not always a good idea as specific steps that may be effective in one situation may be dangerous or ineffective in another. Knowing when to draw the line is important. Employees need to maintain their own personal safety as much as possible. Employees should not attempt to protect money/valuables, property or possessions over their own safety. 1.5 Services can supplement this framework procedure with more specific measures appropriate to their particular needs. This should be done in consultation with the trade unions and those employees, who may be exposed as a result of their work to potentially violent situations when dealing with others. 2. PREVENTATIVE MEASURES AND RISK ASSESSMENTS Where there is a possibility that employees may be at risk of violence, a risk assessment must be conducted to determine whether the risk can be eliminated or at least reduced to a minimal level. The risk of violence may be increased, for example, where jobs involve lone working, in client’s homes, in physically isolated units or at hours when few other employees are around. 2.1 Employees who work closely with members of the public are most likely to be at risk from violent behaviour and should therefore be provided with personal safety training. 2.2 The Health and Safety Unit can provide advice on training courses, external training providers and on conducting risk assessments. Training must be appropriate for the situation and Managers will require to assess what that level should be. 2 Data Label: Internal Only 2.3 Managers must ensure that all employees are briefed and trained on safe systems of work and that in particular new and temporary employees receive this information as part of their induction process before they engage in any tasks. 2.4 Managers must ensure that their employees are clear about the attitudes and behaviours expected of them whilst striking the right balance between operational duties in delivering services and health and safety duties to ensure risk-management processes are both sensible and proportionate. 2.5 This document should be read in conjunction with other service specific documents which relate to the personal safety of employees eg Education documents Safe Environment at School Policy and Managing Behaviour Policy. 3. DEFINITIONS AND EXAMPLES 3.1 Violence Violence is regarded as any behaviour towards an employee in the course of their work in which an employee is abused, threatened or assaulted and that has an adverse physical or psychological effect on them. Examples of behaviour that can be regarded as violent can be described in general terms as where employees feel they have been insulted, abused, uncomfortable or threatened specific examples could be: Non-physical Violence Physical Violence threatening gestures verbal abuse harassment in all forms racial or sexual abuse swearing/shouting bullying abusive telephone calls road rage cyberbullying kicking use of weapons spitting assault punching throwing objects sexual assault nipping/biting/scratching slapping Some forms of violence such as physical violence or explicit threats are easily identified. Others such as verbal abuse may be less obvious but, nevertheless, can have an equally damaging or hurtful effect on the recipient. However, it is important to retain a sense of proportion when judging what constitutes violent behaviour as certain words or gestures can be inoffensive to some but deeply offensive or threatening to others. 3.2 Lone Working Lone working relates to those employees who work by themselves without close or direct supervision. Examples of lone working are Working in derelict buildings. Visiting remote locations. Visiting clients either at home or in their workplace. Late evening/early morning work 3 Data Label: Internal Only 4. REPORTING OF VIOLENT INCIDENTS 4.1 Incidents of violence must be recorded in accordance with statutory legislation and reported to the Health and Safety Executive by the Health and Safety Unit as appropriate. 4.2 Any employee subjected to an act of violence must complete both an Incident Report and a Violent Incident Report as soon as possible following the incident. An example copy of both report forms is attached as Appendices 1 and 2. 4.3 Incidents falling within one of the following categories should be reported immediately to the Health and Safety Unit: 4.4 A fracture other than fingers thumb or toes; Amputation; Dislocation of shoulder, hip, knee or spine; Loss of sight (temporary or permanent); Fatality. Violent incidents at work resulting in an employee being either detained in hospital for 24 hours or more, or absent from work for over 7 days should be notified to Health and Safety at the earliest opportunity. Further advice on reporting incidents is contained within the Incident Report Pad, Violent Incident Report Pad, or is available from Health and Safety. 4.5 All employees have a legal right to report an incident in which they have been involved to the police. Managers have a responsibility to report the matter if the employee requests them to do so. 5. INVESTIGATION AND PREVENTATIVE ACTION 5.1 As soon as possible after an incident the employee and manager should meet to review the circumstances of the incident. All violent incidents must be investigated and the findings recorded on both the Incident and Violent Incident Report forms. If the investigation is delayed for any reason, the forms should be sent to Health and Safety and the investigation details forwarded later. 5.2 Immediately following a violent incident, it is essential that the responsible manager reassess the risk with a view to preventing a recurrence. 5.3 Where there has been a recurrence of an incident despite a previous risk assessment having been carried out, a re-assessment should be undertaken to determine if other control measures could be put in place that would prevent a recurrence, such as changes in working practices, improving the layout of an interview room etc. 6. MEETING CLIENTS IN NORMAL WORKPLACE 6.1 Meetings/interviews with visitors should, wherever possible, be held within office hours and in locations easily accessible to other support staff in the event of an emergency situation arising. 4 Data Label: Internal Only 6.2 Where deemed necessary by the risk assessment managers should arrange for alarm systems (e.g. panic buttons) to be installed. The assessment will help determine which type of alarm is appropriate for the circumstances. 6.3 Managers should also arrange for employees to be briefed on the operation of any alarms and the safety procedure to be adopted in the event that they are activated. 6.4 Council reception or waiting areas should be made as pleasant and comfortable as possible for visiting clients. 6.5 The personal safety of employees should be a prime consideration in deciding on the suitability of rooms for interviewing members of the public. Consideration should be given to the location and layout of rooms so that should an interviewee become violent, the employee can leave the room quickly and safely. However, rooms should also afford a degree of privacy for visitors (e.g. window blinds/screens etc.) without compromising the personal safety of employees. 6.6 Interview rooms should contain only the essentials required for the purpose. Furniture and other equipment should be fixed wherever possible to eliminate their use by clients to injure interviewers. 6.7 Every effort should be made to observe appointment times. However, where delays are unavoidable, clients should be advised of the reason for the delay and kept informed of progress. Reception staff should inform interviewers if any visitors in the waiting area who are becoming impatient and/or showing signs of obstructive/violent behaviour. 7. MEETING CLIENTS OUTWITH NORMAL WORKPLACE 7.1 General 7.1.1 Where it is necessary to travel out with the workplace to meet clients, systems must be put in place to monitor visits e.g. shared electronic diaries with the employee’s name, the locations being visited and the expected time of return. 7.1.2 System(s) put in place must be routinely monitored/updated so that an alert is raised should an employee fail to return at the expected time or fail to make contact with the workplace. 7.1.3 Managers should ensure that a written record of cars used by employees is maintained in the event of emergency e.g. registration, type and colour (see Appendix 3) 7.1.4 New employees and temporary workers must be provided with information specific to the localities that they will be visiting (e.g. geographical directions and any other relevant advice regarding their personal safety). 7.2 Visiting Clients in Their Own Home 7.2.1 Where possible, prior to arranging home visits, clients should be invited to the office in order that the employee can assess any potential risk that the client might pose to the personal safety of employees undertaking home visits. 5 Data Label: Internal Only 7.2.2 It is the responsibility of the line manager to ensure that risk assessments are conducted based on a number of factors, including an assessment of the client(s) social background. Where a history of violence exists, information gathering and sharing about these clients is advantageous. 7.2.3 Employees who conduct home visits should be advised of clients who are known to have a history of violence and be alerted to any known traits that might trigger such behaviour e.g. drink/drugs problem, dislike of/history of violence to specific genders. Managers should ensure that employees are fully briefed on the precautions/controls they should adopt to avoid potential confrontation with clients in these circumstances. Employees must be advised of the emergency procedures to follow should things go wrong. 7.2.4 Where it is judged that a home visit could potentially provoke a violent reaction, arrangements should be made for back-up support, which may involve a two person visit eg other council officer or Police assistance. Mental health assessments, the removal of children, child abuse investigations and house evictions are examples where this may be required. 7.2.5 While work is being undertaken with a known aggressive client/family, the information must be shared with other colleagues and council services that may also have contact with them (e.g. Social Work, Building Services and Housing are services that potentially may provide assistance to the same clients/families). 7.2.6 Employees must never enter premises if they do not feel it is safe to do so e.g. if the person appears to be intoxicated with drink or drugs, or is aggressive/abusive. 7.2.7 Heads of Service or Unit Managers may, exceptionally, decide to withdraw a council service if, having exhausted all possible solutions, a member of the public continues to pose a threat to the personal safety of their employees. Have a procedure in place that clearly states when withdrawal of a service is appropriate and what process is to be followed. 8. HANDLING MONEY/ VALUABLES Managers should ensure that there are clear procedures in place to safeguard the personal safety of employees who have particular responsibilities for handling cash or valuables in the course of their work. The over-riding rule must be that employees should never put themselves at personal risk if threatened with violence in situations of attempted theft. Employees should not attempt to protect money/valuables, property or possessions over their own safety. 6 Data Label: Internal Only 9. WORKING WITH VULNERABLE CLIENT GROUPS 9.1 Certain vulnerable clients in receipt of council services (i.e. people in residential care, day care, special schools pupils, or special needs pupils in mainstream schools) may be prone to react violently due to their particular personal circumstances. Employees working with such groups must be fully briefed of any potential risk of violence from an individual client and/or their family/carers. Employees required to work with such clients should be involved with the risk assessment to identify controls to be put in place to eliminate or reduce the risk of violence. 9.2 Any employee, who is required to work with a client with a known history of violence, should be actively involved/consulted when a risk assessment is being conducted. Any controls put in place to minimise risk to employees or other service users should be communicated to all those who have a direct role in the care of the client. 9.3 Assessments should be reviewed regularly, particularly if the client’s behaviour or circumstances change. 10. LONE WORKING 10.1 Given that they work without close or direct supervision, lone workers are exposed to additional risks that might not otherwise be encountered by other workers. Risk assessments should therefore identify any additional control measures necessary to reduce the risk for lone workers who may, for example, carry out electrical work, use machinery or portable ladders, or who can work in confined spaces etc 10.2 Risk reduction measures may include periodic visits by supervisors, regular contact between employee and supervisor either by telephone/radio, electronic management systems or devices to raise an alarm in the event of an emergency. To ensure that the system chosen functions effectively staff must be trained in its use. Personal alarms, panic buttons, mobile phones and self-defence training can be useful but they are not a replacement for a well-planned systematic approach and can only be part of it. They do not in themselves prevent incidents. 10.3 When the risk assessment identifies that it is not possible for the work to be done safely by a lone worker, arrangements for providing help or back up should be put in place. The Lone Worker Data Sheet (Appendix 3) is an appropriate control measure to put in place as part of the risk assessment. 10.4 When considering the suitability of employee as well as the activity bear in mind the Employee’s medical fitness. What level of experience/training of the employee. 7 Data Label: Internal Only Other considerations What information employees will need eg about the client. Emergency procedures. First aid training or first aid facilities. The use of name badges. Type and suitability of equipment (especially hi-tech and expensive equipment). Geographical location of the task. Working with customers by telephone. Angry and distressed customers. Customers who are confused, potentially violent or have particular learning disabilities or mental health issues. Managers will require to communicate the controls agreed in their risk assessment to their employees. 11. POLICY ON SELF-DEFENCE 11.1 Employees threatened with violence should take all reasonable measures to defuse the situation (e.g. withdraw from the situation). 11.2 Where employees have not been able to remove themselves from a situation, any force required to defend themselves must be reasonable and proportionate to the violence which they are being faced with. The employee must escape from the aggressive situation as soon as possible. The law only sanctions “reasonable force”. There is a fine line between self-defence and physical assault. Consequently, employees must be aware that excessive force could constitute physical assault and have legal repercussions. 11.3 Employees who work with certain types of client groups should receive rigorous training in restraint techniques such as ‘Crisis and Aggression Limitation and Management’ (CALM). 11.4 Service areas should implement their own policies and procedures in regard to restraint and only those employees who are deemed competent following training should be permitted to apply the techniques in the course of their duties. 11.5 Further guidance on self-defence is contained in the ‘Personal Safety at Work Guidance Notes for Employees’, which is available on the Intranet under Mytoolkit/ Health & Safety, or a copy can be obtained from line managers. 8 Data Label: Internal Only 12. POST INCIDENT EVALUATION AND SUPPORT MEASURES 12.1 As soon as is practicable following an incident, the manager should meet with the employee concerned to review the circumstances of the incident. Appendix 4 – Review of Incident is provided as a guide for this purpose. The information should be used to review and improve the risk assessment. If the employee is off work as a result of the incident you may not wish to wait for their return before gathering information. In the event that the employee is experiencing an adverse psychological or emotional reaction to the incident, appropriate support should be offered such as access to professional confidential counselling. The return to work interview may identify this need. Managers should arrange any necessary counselling through Occupational Health. Employees will be granted time off work with pay to attend counselling sessions. 12.2 Lessons learned from a review of the circumstances that gave rise to the incident should be shared with other members of the immediate team with a view to preventing a recurrence and informing the reviewing of the risk assessment. 13. RETURN TO WORK Where an employee has been absent from work due to a violent incident, it is important that the return to work is carefully planned and managed in accordance with the council’s Sickness Absence Management Procedure. 14. REVIEW OF PROCEDURES These procedures will be reviewed as appropriate in consultation with the trade unions and in light of health and safety or other specialist advice. 9 Data Label: Internal Only APPENDIX 1 10 Data Label: Internal Only APPENDIX 2 11 Data Label: Internal Only APPENDIX 3 Lone Worker Data Sheet The following information will be held in confidence and only shared with the necessary authorities in an emergency situation Employer Workplace Address: Attach Photograph Manager’s Name: Employee Details First Name: Second Name: Home Address: Home Phone No: Mobile Phone No: Maiden Name: Date of Birth: Designation: Next of Kin’s Name and Address Car Details Name: Colour: Home Address: Make: Home Phone No: Model: Work Contact Details: Registration No: The council has a duty to take all necessary steps to safeguard and promote the welfare of its employees. Your personal information is collected to enable the council to assist the authorities if we have concerns about your safety. Your information will in these circumstances be provided to the Police or such other necessary authority. Your consent is formally requested. However you should note that lack of consent will not prevent the sharing of your data with the police in an emergency situation. I consent to the above information being shared with the Police or such other necessary authority should the council have concerns about my safety when undertaking lone working. SignatureThis form requires to be reviewed by employees at least annually Date or when there is a change of details. 12 Data Label: Internal Only APPENDIX 4 Review of Violent Incident 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Name of Service Name of Employee Date and Time of Incident Date of Interview and name of Manager undertaking the interview Location of Incident Description of the incident (outline the behaviours displayed by the offender) Date Date Was there a Risk Assessment in place at the time of the incident and did the employee follow the controls? If not why not? What were the controls in place at the time of the incident? What were the employee’s views of controls in place at the time of the incident? What are the employee’s suggestions for improvements? What are the identifiable common factors in events leading up to the incident? Were there any relationships between workplace assault victims and the offenders? Did the actions of the victim influence the outcome of the attack? Was physical intervention used? If so was this consistent with service guidance. Are changes required to the service guidance? What steps are being taken to implement the recommendations? Has the Risk Assessment been reviewed and employees notified of any changes? What lessons have been learned from this or similar incidents that you will share with others? 13 Data Label: Internal Only Time Manager