ANNEX A
BOSTON BOROUGH COUNCIL
ENVIRONMENTAL HEALTH
Health & Safety Law Enforcement
Service Plan
Trevor Darnes, Acting Environmental Health & Licensing Manager
Prepared by
Authorised by
Date
Trevor Darnes
Philip Jackson
June 2007
This is an amended version of the Health & Safety Law Enforcement Service
Plan approved by Cabinet by June 2006.
BOSTON BOROUGH COUNCIL
ENVIRONMENTAL HEALTH
HEALTH AND SAFETY LAW ENFORCEMENT SERVICE PLAN
INTRODUCTION
Local authorities (LA’s) have responsibility for the enforcement of health and safety
legislation (as defined by the Health and Safety (Enforcing Authority) Regulations 1998)
in a range of business premises including offices, shops, warehouses, restaurants,
pubs, hotels etc.
Section 18(4) of the Health and Safety at Work etc Act 1974 requires local authorities to
perform their mandatory duties in accordance with guidance from the Health and Safety
Commission (HSC). This guidance commonly known as ‘section 18 guidance’ is
therefore mandatory.
The guidance notes issued by the HSC under section 18 contain the broad principles
which the HSC wishes LA’s to adopt in enforcing health and safety legislation. They
provide a framework within which LA’s should operate so that HSC can be confident that
they are making adequate arrangements for enforcement.
This Service Plan sets out how the Council will plan, manage and deliver its health and
safety enforcement service and will be revised annually to inform members of the health
and safety law enforcement service activities.
1.0
SERVICE AIMS AND OBJECTIVES
1.1
Aims and Objectives
It is the Council’s objective to ensure that businesses within the borough for
which the Council has enforcement responsibility (as determined by the Health
and Safety (Enforcing Authority) Regulations 1998) are operated in a manner
which safeguards the health and safety of their employees, contractors and
others who should have cause to enter their premises.
The health and safety objectives of the Commercial Section of Environmental
Health are to:
 Institute action on health and safety law enforcement in accordance with HSC,
Health and Safety Executive (HSE) guidance, Boston Borough Council’s
Corporate Enforcement Policy and Commercial Section Health and Safety
Law Enforcement Procedures.
2
 Undertake a programme of planned health and safety inspections of
commercial premises in accordance with the Health and Safety
Executive/Local Authorities Liaison Committee (HELA) circular LA67/1(rev 3).
 Investigate workplace complaints, which fall within the scope of the service
responsibilities.
 Investigate accidents and diseases arising out of work activities and
dangerous occurrences notified under the Reporting of Injuries, Diseases and
Dangerous Occurrences Regulations 1995.
 Provide advice and assistance to businesses to help them comply with health
and safety legislation.
 Respond to all requests for advice.
 Liaise with other enforcement bodies when appropriate, such as Local
Authorities, Health and Safety Executive, Fire Authority and the Police.
 Implement and review procedures to ensure compliance with the Health and
Safety Commission Section 18 guidance.
 Undertake structured consultation with stakeholders who use the service.
1.2
Links with Corporate Objectives
The aims and objectives in 1.1 are linked into the Council’s Corporate Plan
2004-2009, in which there is a commitment to promoting high environmental
standards. The Boston Community Strategy 2004-2009 sets out priorities for the
quality of life of local people, including broadening health improvement and
disease prevention initiatives.
The “Best Value Framework” includes for the review of all Council Services
including Health and Safety on a five year rolling programme.
The aims of the Best Value Performance Plan are quite clear:
1) To provide the best Council services we can.
2) To listen to stakeholders expectations and suggestions to improve services
and
3) To make sure that all residents of the borough can access the services they
need.
A best value review of Environmental Health was carried out in 2003 and resulted
in a number of actions relating to the Commercial Section functions. These are
detailed in The Best Value Performance Plan 2003/04.
3
Monitoring of performance indicators is ongoing to ensure high standards and
continual sustainable improvement in line with the Council’s overall objectives
and pledges set out in the Corporate Plan – Boston 2004 -2009.
2.0
BACKGROUND
2.1
Profile of the Authority
As of 2004, the population of the district was 56,700 with approximately half the
residents being within the town of Boston itself. The remainder are spread
throughout the 18 parishes making up the district. The area of the district is
36,027 hectares on 361.5 square kilometres.
The main type of employment is in agriculture and food processing. There has
been a dramatic increase in migrant workers over the past 5 years, many of
whom are employed in these industries and also local catering establishments.
2.2
Organisational Structure
Boston Borough Council operates a Leader and Cabinet System of governing.
This system was formally introduced in April 2001. The 10 Councillors making up
the Cabinet have specific portfolios, one of which is Housing & Health which
includes Environmental Health.
2.3
Scope of the Commercial Section Service
The health and safety service is provided by a small team of qualified officers
who work within the Commercial Section of Environmental Health. Health and
safety functions of the Commercial Section are summarised below:

Health and safety law enforcement and education in all commercial premises
for which the Authority is the Enforcing Authority, as defined in the Health and
Safety (Enforcing Authority) Regulations 1998.

Cooperate and work in partnership with the Health & Safety Executive, in
particular to the commitment to topic based inspections.

Consultee on Licensing, Planning and Building Control applications.

The Section has also provided health and safety advice and assistance
(including risk awareness training for managers) on corporate health and
safety matters. There is no formal basis for this as responsibility lies with the
Council’s Human Resources Section.
To date the functions listed above have all been dealt with “in house” and
external contractors have not been called upon.
4
The Section also provides the following functions:
2.4

Full range of food safety enforcement and education services (see Food Law
Service Delivery Plan).

Investigation and control of infectious and communicable disease.
Service Availability
Office hours are 8.45 am – 5.15 pm Monday to Thursday and 8.45 am – 4.45 pm
Friday. Inspections and investigations are often necessary outside those times.
An emergency out of hours service is available through a call centre who pass
messages on to the Head of Environmental Services or Environmental Health
and Licensing Manager.
2.5
Enforcement Policy
All officers are required to read and abide by the Council’s Corporate
Enforcement Policy (March 2004) and the council’s health and safety
enforcement procedures.
The Corporate Enforcement Policy seeks to reflect the principles set out in the
Government’s Enforcement Concordat to which the Council is committed. The
policy also takes account of Statutory Codes of Practice and other guidance
issued to local authorities by the Government, the Health and Safety Executive
and Local Authorities Co-ordinators on Regulatory Services (LACORS).
In considering any formal action the Council will in addition to the Corporate
Enforcement Policy, use the HSE’s Enforcement Management Model (EMM)
where breaches of health and safety legislation are identified.
5
3.0
SERVICE DELIVERY
3.1
Programmed Inspections
The authority has to prioritise the health and safety inspections of local
businesses based on risk assessment. This enables limited resources to be
targeted at those employers and activities which pose the greatest risk to health
and safety of employees or the public.
The selection of premises to be included into this year’s planned inspection
programme will take into account, the Health and Safety Commission’s (HSC)
current strategic plan which focuses on the key areas of:
- Workplace Transport - Falls from height
- Stress
Demands on the Service
Slips and trips
Repetitive strain and upper limb disorders
The following table details the number and type of businesses for which the
Council has health and safety enforcement responsibility.
NUMBER OF BUSINESSES 2007/8
PREMISES TYPE
(2006/7 IN BRACKETS)
Retail Shops
(397) 401
Wholesale shops, warehouses and fuel
storage depots
(49) 49
Offices
(130) 126
Catering, restaurants and bars
(288) 304
Hotels, camp sites and other short stay
accommodation
(12) 22
Residential care homes
(22) 18
Leisure and cultural services
(67) 65
Consumer services
(95) 115
Total
(1060) 1100
The following table details the number of businesses categorised by risk rating.
The risk rating scheme is defined in the Health and Safety Executive/Local
Authorities Enforcement Liaison Committee (HELA) Local Authority Circular
67/1(rev3).
6
CATEGORY
NUMBER OF BUSINESSES 2007/8
(2006/7 IN BRACKETS)
A (high risk)
B1
B2
B3
B4
C (low risk)
(8) 9
(25) 21
(76) 83
(98) 103
(250) 250
(603) 634
Number of inspections and other visits carried out:
2002/3
2003/4
2004/5
2006/7
3.2
FULL INSPECTIONS
96
111
195
142
OTHER VISITS
129
126
88
82
TOTAL
225
237
283
224
Non Programmed Work
In addition to the programme of inspections above, demands are also placed on
the service in the following areas:
Initial Inspections of New Businesses
Inspection of new or previously unregistered premises. These are dealt with on a
risk based approach. Those posing greatest risk (from the information provided)
will be given priority.
Revisits
Revisits will be determined by the nature of the contravention(s) and the hazards
posed to employees, contractors, members of the public etc.
It is impossible to calculate the number of additional visits the above will
generate.
Health and Safety Complaints
100% of complaints by employees or others concerning existing health and safety
standards in a place of work are appropriately investigated and dealt with having
regard to the Health and Safety at Work etc Act 1974, subordinate legislation,
Approved Codes of Practice and guidance issued by Health and Safety
Commission and Executive.
7
Complaints about Council services are dealt with in accordance with the
corporate complaints policy.
Advice to Business
Officers will respond to 100% requests for advice and will work with businesses to
help them to comply with the law and to encourage the use of best practice. This
is achieved through a range of activities:



Advice given during the course of inspections and other visits.
Provision of advice leaflets.
Responding to enquiries, via telephone, personal visit or by letter as
appropriate.
Investigation into Accidents, Diseases and Dangerous Occurrences
Reports of accidents, diseases or dangerous occurrences are received by the
HSE’s Incident Contact Centre (ICC) website, also by telephone, facsimile and by
post.
The ICC website is checked on a daily basis and relevant notification reports are
downloaded.
Priority is given to the investigation of accidents or incidents which demonstrate
the following features:





Fatalities, serious injuries or cases of ill health or dangerous occurrences
Potentially serious events, dangerous occurrences
Investigations which support HSE strategies/initiatives
Incidents where there appears to be a serious breach of the law
Incidents which recur in a particular trade or business.
In carrying out the above duties officers are required to operate in accordance
with the section’s health and safety procedures.
3.3
Liaison Arrangements
Arrangements are in place to ensure that enforcement action taken in the
borough is consistent with HSE and our neighbouring local authorities and
include:

Consultation with the Health and Safety Executive (HSE) in circumstances
where there may be a shared enforcement role/interest.

Membership of the Lincolnshire Chief Environmental Health Officers Health
and Safety Liaison Group which has, for example:
8
3.4
o
o
o
o
o
Developed common protocols.
Organised consistency training events and exercises.
Organised and conducted inter-authority audits.
Liaised with other Health and Safety Liaison Groups.
Liaised with Local Authority Co-ordinators on Regulatory Services (LACORS).

Consultee to the Licensing and Land Charges Section.

Consultee for relevant Planning and Building Control applications.

Participation in the inter-authority audit scheme.
Health and Safety Promotion
Promotional activities will include:
 Development of Health and Safety Information on the Council’s website.
4.0
SUMMARY OF ACTION PLAN FOR 2006/7
1
2
3
4
5
Proposed Actions
Implement HELA priority topic
inspection approach regime from
April 2005
Incorporate the HSE’s enforcement
Management Model into the
Council’s health and safety
procedures as from April 2005.
Continue to develop partnership
working with the HSE and other
Lincs local authorities
Carry out 100% of high risk
(categories A and B) premise
inspections.
Issue questionnaires to health and
safety low risk premises (category
C) and monitor returns.
9
Action Taken
Now carrying out topic based
inspections and in addition
assisted HSE with campaign
focusing on builder’s merchants
Still in progress to complete by
March 2008
Completed builders project.
Contributed to safety and
awareness workshops for small
nursing/care homes.
Contributed to working time
regulations training.
Now Lead Authority for British
Frozen Food Federation.
Secured funding for BACKS
campaign
100% category A inspections
completed
80% category B completed
Completed – Self assessment
questionnaires now sent out.
80% response rate
6
7
Investigate 100% of reported
fatalities, major injuries and
dangerous occurrences at work.
Carry out health and safety
promotional activities in respect of
noise at work in pubs and
nightclubs.
None reported in year
Due to resource limitation, not
carried out.
4.1
Benchmarking
A benchmarking exercise is being carried out with other members of the so called
G16 group of local authorities.
5.0
ACTION PLAN FOR 2007/8
1. Carry out 100% of high risk (category ‘A’) premise inspections *See 3 Below
2. Carry out 80% of category B premise inspections *See 3 Below
3. Continue to work in partnership with the HSE on its Priority Topic Inspection
programme and other initiatives such as the FIT 3, BACKS and Large
Organisation Partnership Scheme
4. Deal with category C (low risk) premises via self inspection questionnaires
5. Investigate 100% of reported fatalities, major injuries and dangerous
occurrences at work
6. Carry out other health and safety promotional work as resources enable
6.0
RESOURCES
6.1
Financial Allocation
Budget Books are kept by the relevant manager – in this case the Principal
Environmental Health Officer (Commercial). No specific budget is set aside for
legal action, any such action would be funded from the Council’s legal budget.
10
6.2
Staffing Allocation
The staff allocated to Health & Safety Law Enforcement and related matters are
as follows:
Principal Environmental Health Officer (Commercial)
This officer leads the commercial section which includes food and
health and safety enforcement. Responsibilities involve: devising
and developing policies for the Commercial Section’s activities.
Allocation of programmed inspections, monitoring the quality of
these inspections, attending many of the groups/committees
mentioned in this document and also taking an active part in the
inspection programme.
Full Time
Equivalent
0.4
EHO – Health and Safety
This officer is involved in food safety matters including
programmed inspections and investigation of complaints, but the
majority of the officer’s time is spent on health and safety at work
legislation enforcement.
0.9
2 x Part-time EHOs (22 hours a week each)
Post 1 carries out health and safety enforcement work and
occasionally food safety.
Post 2 carries out full function of food safety legislation
enforcement but will on occasion pass on information on health
and safety matters to the above officers for investigation.
0.4
0.0
Food Safety Technician
This officer carries out programmed inspections of food premises,
food sampling and health education activities. She does not carry
out health and safety enforcement but will on occasion pass
information onto other officers for further investigation.
0.0
Total 1.7
Note on Staffing
A temporary restructure has been carried out to enable the post of Head Environmental
Services to be filled and accommodate work related to the implementation of Smoke
Free legislation. This restructure was approved by CMB in February 2007. The impact of
these arrangement will monitored and reviewed as necessary.
11
6.3
Staff Development Plan
Details of commitment to staff development are clearly defined in the Council’s
Training Policy.
As stated above, Section 18(4) of the Health and Safety at Work etc Act 1974
requires local authorities to perform their duties in accordance with guidance from
the Health and Safety Commission.
Part of this guidance requirement is to ensure that officers employed to enforce
health and safety legislation are competent to do so. Officers currently carrying
out health and safety enforcement are all qualified Environmental Health Officers.
The lead officer has the NEBOSH (National Examining Body for Occupational
Safety & Health) also holds the NEBOSH Diploma qualification.
Officers are encouraged to attend relevant training courses, seminars etc and to
cascade information gained to colleagues. An appropriate forum for this and
discussing health and safety matters in general is at the section meetings which
are held regularly and recorded.
Employee development reviews are carried out once a year at which time any
training or competency issues are highlighted and action plans drawn up to deal
with these.
The annual training budget is currently held centrally by the Human Resources
Section. Procedures have been developed in respect of allocation of budgets.
7.0
QUALITY ASSESSMENT
Arrangements are in place to ensure that enforcement action taken in the
borough is consistent with our neighbouring local authorities and include:

Consultation with the Health and Safety Executive (HSE) to inform on
circumstances which may have either an enforcement interest or shared
enforcement role.

Membership of the Lincolnshire CEHO Health and Safety Liaison Group which
has, for example:
o Developed common protocols/procedures.
o Organised consistency training events and exercises.
o Organised and conducted inter-authority audits.
12
o Liaised with other Health and Safety Liaison Groups.
o Liaised with LACORS

Quarterly the Principal Environmental Health Officer (Commercial) carries out
audits of the documentation completed during and following inspections.

Once a year the Principal Environmental Health Officer (Commercial)
shadows each officer during an inspection to assess competency and
consistency with procedures.

Officers occasionally carry out joint inspections which also aids consistency.
Environmental Health
33046
P JACKSON
ENVIRONMENTAL HEALTH & LICENSING MANAGER
COM018
FULL TIME 37 HOURS
GRADE 9
33048
F WHITE
PRINCIPAL LAND CHARGES & LICENSING OFFICER
COM032
FULL TIME 37 HOURS
GRADE 7
33045
T DARNES
PRINCIPAL EHO (COMMERCIAL)
COM019
FULL TIME 37 HOURS
GRADE 7
33080
A.C. NEWHAM
LAND CHARGES & LICENSING OFFICER
COM033
FULL TIME 37 HOURS
GRADE 3
33018
A.L. MCDOWELL
LICENSING & LAND CHARGES OFFICER
COM054
FULL TIME 37 HOURS
SCALE 3
33044
S.J. BOWENS
EHO (COMMERCIAL)
COM021
FULL TIME 37 HOURS
GRADE 6
31006
M.A. SLEATH
LAND CHARGES ASSISTANT
P&D002
JOB SHARE 22 HOURS
GRADE 2
33026
D LE-MESURIER
LAND CHARGES ASSISTANT
P&D022
JOB SHARE 15 HOURS
GRADE 2
33197
A MEANS
EHO (COMMERCIAL)
COM060
PART TIME 22 HOURS
GRADE 6
33192
C REID
LAND CHARGES & LICENSING ASSISTANT
COM059
FULL TIME 37 HOURS
GRADE 1
33141
J CHAPMAN
PRINCIPAL EHO (POLLUTION)
COM020
PART TIME 25 HOURS
GRADE 7
33011
P.L. WILKINSON
FOOD SAFETY TECHNICIAN
COM024
FULL TIME 37 HOURS
GRADE 4
33187
D REDDIN
EHO (FOOD + HEALTH & SAFETY)
COM022
PART TIME 22 HOURS
GRADE 6
25073
H WILLIAMS
EHO
000049
FULL TIME 37 HOURS
GRADE 5
7-June-2007
13
35004
J LYMAN
ADMINISTRATION TEAM LEADER
COM030
FULL TIME 37 HOURS
GRADE 3
33137
M HALES
EHO (POLLUTION & CLEANSING)
COM025
FULL TIME 37 HOURS
GRADE 6
33214
K GORE
ADMINISTRATIVE ASSISTANT
COM031
FULL TIME 37 HOURS
GRADE 2
33055
N.R. DAVIS
EHO (SCIENTIFIC OFFICER)
COM026
FULL TIME 37 HOURS
GRADE 6
33191
P HAYES
ADMINISTRATIVE ASSISTANT
COM057
FULL TIME 37 HOURS
GRADE 1
33056
K FULCHER
POLLUTION TECHNICIAN
COM027
FULL TIME 37 HOURS
GRADE 4
33220
K GOURLAY
REGULATORY SERVICES APPRENTICE
000044
FULL TIME 37 HOURS