PART 1 – PUBLIC DOCUMENT
AGENDA ITEM NO.
19
TITLE OF REPORT: HEALTH AND SAFETY ENFORCEMENT PLAN
REPORT OF THE HEAD OF HOUSING AND PUBLIC PROTECTION
PORTFOLIO HOLDER: COUNCILLOR BERNARD LOVEWELL
1.
SUMMARY
1.1
This report seeks agreement to an update of the Council’s Health and Safety
Enforcement Plan. The original Enforcement Plan was endorsed by the
Cabinet on the 19th October 2004.
2.
FORWARD PLAN
2.1
This report does not contain a recommendation on a key decision and has not
been referred to in the Forward Plan.
3.
BACKGROUND
3.1
Responsibility for health and safety law enforcement is shared between the
Health and Safety Executive (HSE) and local authorities. The HSE is a
statutory body, established by the Health and Safety at Work etc. Act 1974
(HSWA). It is a national independent watchdog for work-related health, safety
and illness and an independent regulator, acting in the public interest to
reduce work-related death and serious injury across Great Britain’s
workplaces.
3.2
The division of responsibilities between local authorities and the HSE is laid
down in regulations but local authority responsibilities include the regulation of
occupational safety in premises such as offices, shops, warehouses, catering
establishments, residential care homes, sports and leisure activities and
tyre/exhaust bays.
3.3
Amongst the duties that the HSE is charged with delivering is the provision of
guidance to local authorities on the way they discharge their duties under the
HSWA.
3.4
The HSE adopted a revised national strategy for health and safety in June
2009 entitled ‘The Health and Safety of Great Britain’. At the same time, the
HSE and Local Authority Representative Bodies published a Statement of
Commitment which set out a joint commitment to ensure provision of
adequate standards of partnership working in order to prevent death, injury
and ill health of those at work and affected by work activities.
3.5
Section 18 of the HSWA puts a duty on the HSE and local authorities to make
adequate arrangements for enforcement. The 'Standard' sets out the
arrangements that local authorities and the HSE should put in place to meet
this duty. Enforcing Authorities (EA) have been legally required, from 1st April
2008, to work towards compliance with these principles and standards. From
31st March 2011, compliance is mandatory.
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4.
NORTH HERTFORDSHIRE’S HEALTH AND SAFETY ENFORCEMENT
PLAN
4.1
The Health and Safety Enforcement Plan might better be considered as a
strategy setting out how the Authority will fulfil the nationally set duties and
requirements for health and safety enforcing authorities, taking on board local
circumstances and priorities. The context of the Enforcement Plan is used in
developing the Commercial Team’s input into the annual Housing and Public
Protection Service Plan.
4.2
The revised guidance or Section 18 Standard issued by the HSE sets a
framework of principles that local authorities are expected to meet. The
principles are as follows:
To “make it happen” every EA shall ……

set out its commitment, priorities and planned interventions.

put into place the capacity, management infrastructure, performance
management and information systems required to deliver an effective
service and to comply with their statutory duties.

operate systems to train, appoint, authorise, monitor, and maintain a
competent inspectorate.
To “do it right” every EA shall ……

use interventions, including enforcement action, in accordance with
their enforcement policy and within the principles of proportionality,
accountability, consistency, transparency and targeting.
To “work together” every EA shall ……

work within their own organisation, in partnership with other EAs, other
regulators and stakeholders to make best use of joint resources and to
maximise their impact on local, regional and national priorities.

actively contribute to liaison, policy and governance arrangements at a
local, regional and national level.
To “sell the story” every EA shall ……

promote sensible risk management
4.3
The draft Enforcement Plan for North Hertfordshire, which is attached at
Appendix 1, follows this approach.
4.4
Section 1 of the Plan is the introduction, setting the context for the plan.
4.5
Section 2 sets out the Service aims and objectives and links this with the
vision for the district and the Council’s priorities. The aim of the Service is to
secure the health, safety and welfare of persons at work, and members of the
public who may be affected by work activities within North Hertfordshire.
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4.6
Section 3 gives a short profile of the district and the organisational structure of
the Council. A profile of the type of premises in the district that the Council is
responsible for regulating is provided.
4.7
Section 4 deals with service delivery. It sets out the Council’s approach to the
delivery of its regulatory responsibilities having regard to the Section 18
Standard.
4.8
Section 5 deals with resources. The Commercial Team consists of four
environmental health officers, including the Team Manager. The health and
safety enforcement function accounts for approximately 17% of the Team’s
work, which equates to a net budget in 2010/11 of £77,670.
4.9
Section 6 sets out the approach to quality assessment and the procedures in
place to ensure delivery of a satisfactory service.
4.10
Section 7 sets out the review process. It proposes that there should be an
annual report to the Portfolio Holder reporting on performance against the
Service Plan. The Plan will be formally reviewed every five years or sooner if
there are any significant changes required.
5.
LEGAL IMPLICATIONS
5.1
Cabinet within its terms of reference must agree to implement policies and
strategies other than those reserved to Council.
5.2
The Council has a statutory duty to deliver its health and safety
responsibilities in line with the Section 18 Standard. This Enforcement Plan
fulfils this mandatory commitment. Other legal implications are set out within
the body of the report.
6.
FINANCIAL AND RISK IMPLICATIONS
6.1
There are no financial issues arising from the preparation or implementation
of the Plan, as the costs are covered by the core funding for the Housing and
Public Protection Service.
6.2
Failure to deliver the health and safety enforcement function in line with the
Section 18 Standard could result in criticism of the Authority or legal
challenge.
7.
HUMAN RESOURCE AND EQUALITIES IMPLICATIONS
7.1
The Commercial Team is expected to be at full establishment by the
beginning of 2011/12. Delivery of the health and safety function is dependent
on the retention of suitably trained environmental health officers or other
suitably qualified staff.
7.2
The Council incorporates the statutory equalities duties which apply to all its
activities into policies and services as appropriate, as set out in the Council's
Corporate Equality Strategy. We also recognise that in our society, groups
and individuals continue to be unfairly discriminated against and we
acknowledge our responsibilities to actively promote good community
relations, equality of opportunity and combat discrimination in all its forms.
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7.3
During the development and consideration of service and budget planning
options the impact of equality of access and outcomes should be considered.
8.
CONSULTATION
8.1
The Portfolio Holder for Housing and Environmental Health has been
consulted during the update of the service plan and preparation of this report.
9.
RECOMMENDATIONS
9.1
That the Health and Safety Enforcement Plan as set out in Appendix 1 to this
report be approved.
10.
REASONS FOR RECOMMENDATIONS
10.1
Local authorities have a duty from the 31st March 2011 to undertake their
health and safety enforcement duties in line with the Section 18 Standard.
Approval of the Enforcement Plan will demonstrate the Authority’s
commitment to complying with this requirement.
11.
ALTERNATIVE OPTIONS CONSIDERED
11.1
There are no alternative options for the reason set out in paragraph 10.1
12.
APPENDICES
12.1
Appendix 1 – Draft Health and Safety Enforcement Plan
13.
CONTACT OFFICERS
13.1
Andy Godman
Head of Housing and Public Protection
(T) 01462 474293
(E) andy.godman@north-herts.gov.uk
13.2
Peter Carey (report author)
Environmental Health Manager
(T) 01462 474861
(E) peter.carey@north-herts.gov.uk
13.3
Alan Sills (report author)
Commercial Team Manager
(T) 01462 474414
(E) alan.sills@north-herts.gov.uk
13.4
Jodie Penfold
Group Accountant
(T) 01462 474332
(E) jodie.penfold@north-herts.gov.uk
13.5
Kerry Shorrocks
Corporate Human Resources Manager
(T) 01462 474224
(E) kerry.shorrocks@north-herts.gov.uk
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13.6
Anthony Roche
Senior Lawyer (Legal Services)
Tel: 01462 474588
Email: anthony.roche@north-herts.gov.uk
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APPENDIX 1
North Hertfordshire District Council
Housing and Public Protection Service
Draft Health and Safety Enforcement Plan
March 2011
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1.0
Introduction
1.1
North Hertfordshire District Council is a designated enforcing authority under
the Health and Safety at Work etc. Act 1974 (HSWA) and as such has a
statutory duty to make adequate arrangements for the enforcement within the
district of the relevant statutory provisions for which it has been given
responsibility.
1.2
This Health and Safety Enforcement Plan has been drawn up in accordance
with guidance under S18 HSWA and is an expression of the commitment of
North Hertfordshire District Council to the development and delivery of the
Council’s health and safety service.
1.3
The Government commissioned a report, the Rogers Review, which was
published in 2007 into the setting of national enforcement priorities. One of
the priorities identified was ‘Improving health in the workplace’. The concept
of enforcement prioritisation is now enshrined in the Regulatory Enforcement
and Sanctions Act 2008.
1.4
The duties imposed on the Authority to act as an enforcement authority under
the HSWA are discharged by the Commercial Team within the Council’s
Housing and Public Protection Service.
1.5
This Enforcement Plan deals with the following issues:
1.5.1 It sets out the Council’s commitment to the Health and Safety
Executive’s strategy towards health and safety;
1.5.2 It sets out the aims and objectives of the Service in order to meet the
Council’s statutory responsibilities and to improving health, safety and
welfare outcomes;
1.5.3 It describes the Council’s service planning process and how work
programmes relating to health and safety enforcement fit into this;
1.5.4 It sets out the Authority’s policies and procedures relating to the
delivery of its health and safety work programmes and related work.
1.6
This Enforcement Plan forms part of the Housing and Public Protection
Service Plan, which is reviewed annually. The Housing and Public Protection
Service Plan sets out the Service’s contribution towards the Authority’s
Corporate Plan, linking in with those of other Council services.
1.7
This Plan has been approved by the Cabinet of North Hertfordshire District
Council.
2.0
Service Aims And Objectives
Aims
2.1
The North Hertfordshire Local Strategic Partnership (LSP) has set a vision of
‘Making North Hertfordshire a vibrant place for people to live, work and
prosper’.
2.2
The aim of the Council in delivering the health and safety enforcing authority
function is to secure the health, safety and welfare of persons at work, and
members of the public who may be affected by work activities within North
Hertfordshire. This aim links closely with the LSP’s vision for the district.
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2.3
The Council has identified three priorities:



town centres
green issues
sustainable development
2.4
The Housing and Public Protection Service’s Service Plan, including the
health and safety function, is developed to support and deliver the Council’s
Strategic Objectives.
2.5
The Council is committed to supporting the Health and Safety Executive’s
Strategy ‘The Health and Safety of Great Britain’, adopted by the Executive in
2009 (http://www.hse.gov.uk/strategy/strategy09.pdf)
Objectives
2.6
To fulfil the Council’s health and safety enforcing authority responsibilities as
effectively as possible.
2.7
To fulfil the Council’s public safety function under the Licensing Act 2003.
2.8
To ensure that there are sufficient and suitably qualified staff to fulfil the
Council’s enforcing authority responsibilities.
2.9
To plan and deliver an annual inspection programme relating to businesses
and business activities in North Hertfordshire.
2.10
To respond to all complaints, reports under the Reporting of Injuries,
Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and
other referrals and service requests in an appropriately timely manner.
2.11
To maintain a database of businesses within the district for which the Council
has health and safety enforcement responsibility.
2.12
To work in partnership with the Health and Safety Executive (HSE) as
required to deliver the best possible health, safety and welfare outcomes.
2.13
To work in partnership with other districts and agencies across Hertfordshire,
the East of England region and nationally to deliver the best possible health,
safety and welfare outcomes.
2.14
To provide information and advice to local businesses to increase their
knowledge of their legal obligations under health, safety and welfare
legislation.
2.15
To seek a balance between the need for appropriate regulatory enforcement
procedures and educational/advisory actions in order to remove risks to
health and safety at work.
3.0.
Background
3.1.
The District of North Hertfordshire covers 37,500 hectares and is situated
approximately 40 miles north of London. It is an area of mixed urban and
rural communities taking in the towns of Hitchin, Letchworth, Baldock and
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Royston with over 30 villages set in the countryside of the Eastern Chilterns.
The District has a population of 125,000.
3.2.
The organisational structure of the Council is attached in Appendix 1.
3.3
The Commercial Team within the Housing and Public Protection Service is
responsible for delivering the Council’s health and safety enforcement
responsibilities. The team also has responsibility for food safety, infectious
disease matters and other miscellaneous public health related functions.
3.4
There are four full time Environmental Health Officers (EHO) posts in the
Commercial Team, including the Team Manager. All Officers undertaking
inspections meet the requirements of S.18 Health and Safety at Work etc. Act
1974 guidance and are authorised through the Council’s Scheme of
Delegation in accordance with their qualifications and experience.
3.5
There are approximately 2000 commercial premises in North Hertfordshire
that the Council is responsible for regulating under the HSWA, including 800
retail shops, 575 offices and 1000 catering premises. The majority of
employers in North Hertfordshire are small or medium size enterprises
(SMEs); there are approximately 25 businesses with 50 or more employees.
There are 28 premises registered for the practice of acupuncture and the
business of tattooing, cosmetic piercing, semi-permanent skin colouring and
electrolysis.
3.6
The Commercial Team is based in the Council Offices, Gernon Road,
Letchworth Garden City, SG6 3JF; these offices are open from 9.00 a.m. to
5.00 p.m. Monday to Friday.
3.7
The enforcement of health and safety is shared between local authorities and
the HSE depending upon the type of premises and the major activity on site.
Allocation of enforcement is through the Health and Safety (Enforcing
Authority) Regulations 1998. In general, local authorities are responsible for
offices, shops, warehouses, catering establishments, residential care homes,
sports and leisure activities and tyre and exhaust bays. The HSE is
responsible for factories, education establishments, hospitals, construction,
agriculture and motor vehicle repairers.
4.0
Service Delivery
“Making It Happen”
4.1
The Commercial Team’s has an annual health and safety work plan that is
reviewed at the end of each year in conjunction with the development of the
following year’s plan. In developing the plan, regard is had to guidance issued
by the HSE. The health and safety work that is undertaken can be broken
down into two main areas, targeted project work and reactive/routine work.
4.2
The targeted project work has three main elements:
4.2.1 National priorities as set by the HSE
4.2.2 Regional priorities developed by the Herts and Beds Health and Safety
Group, which is also attended by staff from the regional offices of the
HSE
4.2.3 Local priorities
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4.3
Reactive/routine work is made up of the following elements
4.3.1 Inspections selected in accordance with the HSE priority planning
guidance (LAC 67/2). This rating system scores premises based on
four factors: confidence in management, health performance, safety
performance, and welfare standards.
4.3.2 RIDDOR notifications and complaints selected in accordance with
HSE incident selection criteria guidance (LAC 22/13), which aims to
provide a proportionate, transparent and targeted to the selection and
investigation of accidents.
4.3.3 Undertaking the public safety responsible authority role in relation to
premises and events licensed under the Licensing Act 2003
4.4
The Team also carries out other health and safety related duties such as the
registration of skin piercing activities under the Local Government
(Miscellaneous Provisions) Act 1982 and local bye-laws.
4.5
The Council maintains a database of premises for which it is responsible for
regulating. The database is called Acolaid. Relevant data is recorded in order
for the Council to fulfil its duties and facilitate reporting.
4.6
On completion of a health and safety inspection, officers are required to enter
details of the inspection on the Council’s database, complete the risk rating,
make any amendments to the premises record from information obtained
during the visit and take such action as they feel necessary to ensure that
business proprietors can comply with health and safety legislative
requirements. Details of any action taken by the officer are also logged on
the database. Reference should be made to the Council’s Premises
Inspection Procedure – Health and Safety.
4.7
The HSE Priority Planning Guidance LAC 67/2 categorises premises in four
risk categories. The North Hertfordshire premises profile at the 31st January
2011 was as follows:
Category
A
B1
B2
C
Unrated
No. of premises
3
8
163
1631
188
Category A premises are required to be inspected at least annually. Category
B1 premises should be inspected every 1-2 years, possibly as part of other
inspection programmes.
4.8
Revisits to premises are confined to checking that any improvements
previously required / requested have been carried out to a satisfactory
standard. Planned revisits should be made within 10 days of the timescale
agreed with the proprietor. Revisits to check compliance with an Improvement
Notice are made on expiry, or within 5 days of the expiry of the Notice.
4.9
The number and type of inspections are monitored through local performance
indicators, reported to Members and through statutory returns.
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4.10
Provision is made within the annual budget for the appointment of specialist
advice / consultancy in circumstances where it is felt that expert knowledge is
needed to deal with matters beyond the capabilities of the Council’s health
and safety enforcement officers.
4.11
Approximately 30 complaints are received annually either from people
working within the District about working conditions, or from members of the
public affected by work activities. All of these complaints are investigated in
accordance with the Council’s adopted standards. The purpose of the
investigation is to secure health and safety, to address the cause of the
complaint and ensure that any necessary steps are taken to address issues
identified.
4.12
Approximately 200 incidents are notified each year under RIDDOR - the
majority of these relate to accidents involving the elderly in residential care
homes. Incident/accidents are investigated in accordance with the Council’s
Accident Investigation Policy. The purpose of an investigation is to
understand the cause of an accident, ensuring that all parties are fulfilling
their health and safety obligations, and prevent further accidents from
occurring
4.13
The Commercial Team has prioritised all the activities that it is required to
undertake having regard to national guidance and local priorities. The Team’s
service priorities are set out in Appendix 2.
“Doing It Right”
4.14
The Housing and Public Protection Service has an Enforcement Policy that
sets out the approach to enforcement across the Service, including health and
safety at work. This takes on board guidance from the HSE and other
agencies about enforcement principles. This Enforcement Policy is
periodically revised, the most recent revision being approved by Cabinet in
December 2010. The Enforcement Policy is published on the Council’s
website.
4.15
The Council operates a formal complaints system, the “3Cs”, to allow anyone
who is dissatisfied with the Council’s services to challenge any actions taken.
“Working Together”
4.16
It is the policy of this Council to encourage businesses within the District to
encompass partnership working either under the Lead Authority Principle or
the Primary Authority scheme. However, no formal agreements exist at
present.
4.17
The Council is committed to working with other service areas within the
Council, neighbouring authorities and other agencies in order to deliver its
duties as effectively as possible. A key means of fulfilling this commitment is
participation in the Herts and Beds Health and Safety Group, which seeks to
share best practice, undertake joint enforcement projects and improve
consistency of deliver of regulatory functions.
4.18
The Council will also endeavour to minimise the burden placed on businesses
in seeking information about their organisations and will seek feedback on
from businesses with the aim of ensuring that the way the regulatory function
is delivered is as fair and as helpful to businesses as possible.
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“Selling The Story”
4.19
The Council is committed to promoting sensible risk assessment in line with
the HSE’s Sensible Risk Assessment Campaign and will use suitable
opportunities during interventions, when responding to complaints, or as part
of promotional activities, to do so.
4.20
It is the policy of this Council to support local businesses by providing
information and advice on matters relating to health, safety and welfare. The
profile of businesses in the District, mainly small offices and retail outlets,
means that demands on the service can be met by the existing resources.
5.0.
Resources
5.1
The health and safety enforcement function is integrated into the work
programme of the Commercial Team, within the Housing and Public
Protection Service. The health and safety responsibilities are approximately
17% of the Team’s workload, equating to £77,670 of the net budget of the
Team.
5.2
The Commercial Team consists of four Environmental Health Officer posts,
one of whom is the manager of the Team. Administrative support to the Team
amounts to 0.5 full time equivalent posts.
5.3
Environmental Health Officers must complete a minimum of 20 hours training
a year as part of the Continuing Professional Development programme of the
Chartered Institute of Environmental Health. North Hertfordshire District
Council operates a learning and development programme which is integrated
with the annual appraisal process for all staff, with the aim of ensuring that
staff have the skills and knowledge required to undertake the tasks required
of them and fulfil the Council’s service objectives. The Regulators’
Development Needs Analysis tool, developed by the HSE, will also be used
as part of this process.
6.0
Quality Assessment
6.1
The Commercial Team maintains a suite of procedures to ensure the effective
delivery of this Enforcement Plan and the statutory duties regarding the
regulation of occupational health, safety and welfare in North Hertfordshire.
6.2
The following documents have been prepared and implemented:










The Health and Safety at Work Act 1974 – Enforcement Policy
The Health and Safety Enforcement Strategy
The Document Control Procedure
The Document List
The Quality Management System
The Procedure for the Authorisation of Enforcement Officers
The Premises Inspection Procedure
The Procedure for Ensuring the Accuracy of the Premises Database
The Accident Investigation Policy
The Accident Investigation Procedure
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7.0
Review
7.1
This Health and Safety Enforcement Plan will be formally updated and
presented for Member approval every five years or earlier if significant
changes are required to the plan.
7.2
The annual health and safety work plan will be reviewed on an annual basis.
A report will be prepared for submission to the Portfolio Holder responsible for
this area of work, which will include:




Information on the previous year’s performance
Relevant national and local performance indicators
Any variance from the service plan
Proposed areas for improvement
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APPENDIX 1
North Hertfordshire District Council
SENIOR MANAGEMENT ARRANGEMENTS/FUNCTIONS
June 2009
Chief Executive
Strategic Director
Customer Services
HOS
Leisure &
Env Serv
 Leisure Services
 Parking Enfor
 Public Conv
 Projects
 Markets Client
 Parks &
Countryside
 Allotments
 Grounds Main
 Cemeteries
 Waste Manag
 Street Cleansing
 Emergency
Planning
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HOS
Com &
Cultural
Ser (New)
HOS
Customer
Serv & IT
 Children’s
 IT
 BPI
 Information
Services
 Sports Dev
 Leisure Dir
 Halls &
Centres
Unit
 FOI/DPA
 Customer
 Museums
Services
 Careline
 Reprog
raphics
 Business Dev
 Policy Dev
 Comms
 Consultation
 PR
Member Services
Strategic Director
Finance, Policy and
Governance
Strategic Director
of Planning, Housing
and Enterprise
Corp
Human
Resources
Manager
 Employee Relations
 Learning & Dev
 Shared Services
HOS
Dev &
Building
Control
 Building Control
 Planning Control
& Conservation
 Technical Support
 Quality,
Compliance and
Monitoring
HOS
Housing &
Env Health
 Commercial
Team EH
 Env
Protection
 Licensing &
Enforcement
 Housing
Needs
 Strategy, Dev
& Renewal
 Community
Safety
 Electoral Services
 Committee and
Democratic Services
Manager
Corp Strat.
Planning &
Enterprise
Manager
 Economic
Development
 Regional and
Strategic Planning
 LDF
 Projects
 Parking Strategy
HOS
Fin, Perf &
Asset
Manag
 Accountancy
 Treasury Mgt
 Property Services
 Asset Mgt
 Audit and
Consultancy
 Risk Mgt &
Insurances
 Performance &
Quality
 Programme Mgt
HOS
Revenues
& Benefits
 Revs and
Benefits
 Systems &
Technical
 Investigation
 MSU inc.
Land
Charges
HOS Pol,
Part’ships
& Com
Dev (New)
 Area
Committees
 Com Dev
 Corporate
Policy
 Comm
strategy
 Scrutiny
 Grants
 Parish
Challenge
 50+
Corporate
Legal
Manager
 Legal
Services
 Monitoring
Officer role
APPENDIX 2
COMMERCIAL TEAM SERVICE PRIORITIES 2010/11
Priority 1











Food safety inspections - Category A premises 1
Food safety inspections - Category B premises 1
Health & safety inspections – Category A premises 2
Non broadly compliant food premises
Accident investigations – mandatory 3
Infectious disease high priority 4
Drainage in commercial premises
Public burials
Sonisphere
Registration of skin piercers
Complaints - high priority 5
Priority 2







Food safety new premises inspections
Food safety inspections - Category C SOTD premises 1
Food safety inspections - Category D SOTD premises 1
Health & safety inspections – Category B1 premises 2
Infectious disease medium priority 3
ROTW
LA2003 Responsible Authority applications
Priority 3











Food safety inspections - Category C non SOTD premises 1
Food safety inspections - Category D non SOTD premises 1
Health & safety inspections – Category B2 premises 2
Accident investigations discretionary (medium priority) 3
Infectious disease low priority 4
Inspection of skin piercers
Planning consultations
Advice visits to businesses
Sunbed establishments
Smoke free enforcement
Complaints – low priority 5
Priority 4



Notes
1
2
3
4
5
Food safety inspections - Category E premises
Health & safety inspections – Category C premises
Accident investigations discretionary (low priority) 3
Food Law Code of Practice (England)
HSE LAC 67/2 (rev2) 10 March 2010
HSE LAC 22/13 24 September 2009
EoE GI Group draft guidance 22/3/10
NHDC criteria
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