Canterbury City Council Health & Safety Service Plan 2014 – 16 1 CONTENTS Service aims and objectives 3 Council objectives and plans 3 Roles and responsibilities 4 Risk-based approach 4 Proportionality 4 Consistency 4 Transparency 5 Accountability 5 Training and competence 5 Quality assurance 5 List of activities/sectors for proactive inspections by LA’s 6 2 SERVICE AIMS AND OBJECTIVES Aim of the Service To protect the health, welfare and safety of workers, persons living in and/or visiting the area by working with employers to achieve compliance with the Health & Safety at Work etc Act 1974 and Regulations made thereunder. Objectives To provide a health and safety regulatory service that supports local business and embraces targeted interventions, proportionality, consistency, transparency and accountability. To deliver the health and safety service in full compliance with the ‘National Local Authority Enforcement Code’. To investigate major injuries, fatalities and dangerous occurrences in accordance with our accident investigation procedure. To respond to workplace health and safety complaints and requests for service (based on the degree of risk). We will strive to work in partnership with other regulators e.g. officers from other Kent authorities and the Health and Safety Executive (HSE) to enhance the service we can offer and take advantage of any efficiency that can be made. In addition we will work with other internal providers such as Building Control, Licensing and Planning to seek to improve the overall health and safety standards within the district. COUNCIL OBJECTIVES AND PLANS The Council’s Priorities are detailed in the Corporate Plan 2011-16. The delivery of the Health & Safety service in Canterbury contributes mostly to the following two Pledges Pledge 1 - We will support the growth of our economy and the number of people in work To support this pledge the section will Work with businesses to ensure that they understand and meet their statutory responsibilities Provide information for the public and businesses on the council website Support Primary Authority agreements with business to help reduce the regulatory burden Pledge 2 - We will strive to keep our district a safe place to live and visit To support this pledge the section will: Investigate complaints regarding health and safety issues Respond to accident notifications Take appropriate action in response to breaches in health and safety law 3 ROLES AND RESPONSIBILITIES The service is a statutory regulatory service enforcing the provisions of the Health and Safety at Work etc Act 1974 (HASWA) and the associated regulations. While the duty to comply with the legislation rests with the employer, the Council has the role of regulator. The health and safety officers provide a regulatory service to support, encourage, advise and where necessary hold to account businesses to ensure they effectively manage the occupational health and safety risks they create. Enforcement activity is confined to the ‘commercial’ sector as the HSE enforces the law where the principal activity of the business is manufacturing or production, transport, construction or agriculture. The Executive is also the enforcing authority for Council owned premises. The Council uses a variety of means to ensure that individuals and organisations meet their responsibilities, including education, negotiation, advice, guidance, warning letters, formal notices and prosecutions. RISK-BASED APPROACH TO REGULATION The Council’s risk based intervention plan is based on tackling specific risks, which have been identified by the HSE at national level, or at local level from research, intelligence, complaints or accident investigations. We will use our full range of intervention strategies to target these specific risks, using information from primary authorities, where appropriate. Unannounced proactive inspections will be reserved for activities and sectors published by the HSE (see Annex 1) or where intelligence suggests risks are not effectively managed. PROPORTIONALITY This will be achieved by ensuring: Officers are properly trained and competent Decisions will be made in accordance with the HSE Enforcement Policy Statement, the council’s enforcement policy and the Enforcement Management Model Complaint selection criteria are used to determine which complaints require investigation Accident selection criteria are used to determine which accidents require investigation Formal enforcement action will be published to maintain a strong deterrent effect CONSISTENCY Nationally published guidelines will be applied appropriately to address both local and national priorities. Officers will take full account of primary Authority partnerships as required. 4 The council will support the training and development of officers to ensure their competence and will maintain the internal appraisal scheme, RDNA assessments (Regulators Development Needs Assessment) and CPD accreditation requirements. TRANSPARENCY Enforcement decisions will be made in line with the corporate enforcement policy. The Council will use and direct others to use the national guidance and restricting proactive inspection to only those specific activities/risks specified by HSE or where intelligence suggests risks are not being effectively managed We will provide easily accessible information on the services we provide and advice available to business via our website and the HSE website. Employees, their representatives and victims or their families will be kept informed of our actions as appropriate. Health and Safety inspection data will be published annually on the council’s website. ACCOUNTABILITY Service plans, interventions, enforcement and prosecution data will be published annually on the council’s website. Complaints by anyone dissatisfied with the service provided will be investigated in line with the Council’s complaints investigation procedure which is published on the website. If still not satisfied, recourse can be made to the HSE through their ‘Independent Regulatory Challenge Panel’ which is accessible via the internet. We will benchmark our performance against other local authorities via data returns to the HSE and through peer reviews. TRAINING AND COMPETENCE Authority to appoint inspectors under the Health and Safety at Work etc Act 1974 is delegated to the Head of Neighbourhood Services by the Council’s constitution. Competency is maintained by ensuring officers attend appropriate technical and legal update training and is assessed at staff appraisals. QUALITY ASSURANCE Health and safety data on interventions, complaints, enforcement and prosecution activity is recorded on the councils’ ACOLAID software system. Annual statistics are sent to the HSE via the LAE1 return. This information is published annually by the HSE on their website. 5 Annex 1 List of activities/sectors for proactive inspection by LAs – only these activities falling within these sectors or types of organisation should be subject to proactive inspection No 1 Hazards Legionella infection High Risk Sectors Premises with cooling towers/evaporative condensers 2 Explosion caused by leaking LPG Premises (including caravan parks) with buried metal LPG pipework 3 e.coli/cryptosporidium infection esp. in children Open Farms/Animal Visitor Attractions 4 Fatalities/injuries resulting from being struck by vehicles 5 Fatalities/injuries resulting from falls from height/ amputation and crushing injuries Tyre fitters/ Motor Vehicle Repairs (as part of Car Sales) High volume Warehousing/Distribution Industrial retail/wholesale premises e.g. steel stockholders, builders/timber merchants 6 Industrial diseases (occupational asthma/deafness) 7 Falls from height 8 Crowd control & injuries/fatalities to the public 9 Carbon monoxide poisoning 10 Violence at work MVR (as part of Car Sales) Industrial retail/wholesale premises e.g. steel stockholders, builders/timber merchants High volume Warehousing/Distribution Large scale public events/sports/leisure facilities e.g. motorised leisure pursuits including off road vehicles and track days Commercial catering premises using solid fuel cooking equipment Premises with vulnerable working conditions (lone/night working/cash handling e.g. betting shops/off‐licences/care settings) and where intelligence indicates that risks are not being effectively managed 6 High Risk Activities Lack of suitable legionella control measures Buried metal LPG pipe work (For caravan parks to communal/amenity blocks only) Lack of suitable micro‐ organism control measures Use of two‐post vehicle lifts Workplace transport Workplace transport/work at height/cutting machinery /lifting equipment Use of Isocyanate paints Noise and dust Work at height Inadequate consideration of public safety e.g. poor organisation and/or supervision of high speed or off‐road vehicle movements Lack of suitable ventilation and/or unsafe appliances Lack of suitable security measures/procedures