EQUALITY IMPACT ASSESSMENT (EIA) PRO-FORMA Legislation says that the University must take steps to understand the effect, or potential effect, of its policies* on different groups of people. This is to ensure that a policy is neither directly nor indirectly discriminatory and to identify how it does, or could, advance equality and foster good relations between different groups of people. Legislation groups people by ‘protected characteristics’ and it is these protected characteristics’ need to be considered when carrying out an EIA. The protected characteristics are: disability, race, sex, age, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion or belief and sexual orientation. Your help is needed to do this, not just because the law says so, but because the University is committed to equality of opportunity for all and to ensuring that all the University’s policies are developed with an awareness of their consequences for different groups of people. Heads of Sections/Departments are responsible for ensuring this form is completed for each policy they ‘own’. It should take no more than 30 minutes to complete. Questions 1-6 only of this EIA proforma need to be completed for new policies. Policies should be assessed for their effect on equality every 3-5 years. * For the purpose of EIAs, the term policy refers to formal policies, procedures and processes. It does not include informal policies, procedures or processes. Name of policy Web address of policy Health, Safety and Wellbeing Policy and associated standards produced by HSAS or approved by HS Committee / Safety Advisory Group. http://www.essex.ac.uk/ohsas/hspolicy/ Policy-holding Department/Section Human Resources Is this a new or existing policy? Existing Date assessment completed 04/01/2013 Name and job title of person completing pro-forma Claire Saunders Head of Health and Safety Q1. What is the purpose of the policy? Please explain in no more than 50 words. To set out the Universities policy and objectives on health, safety and wellbeing and detail roles and responsibilities. The Health and Safety Standards (available at www.essex.ac.uk/ohsas/hspolicy/hsstandards.htm ) also form part of the Policy and are our arrangements for managing health and safety risks. Q2. Does the policy involve, or have consequences for, the people the University serves and employs? Please answer Yes or No. If yes, please describe all those affected. If No, there is no need to answer any further questions. Yes. All staff and students have responsibilities under the Policy and are expected to follow the health and safety standards. Q3. Does the policy require decisions to be made in relation to individuals or groups of individuals? Please answer Yes or No. If Yes, please identify the responsible person(s) e.g. Human Resources Manager. Yes. The person responsible would need to make decisions about what health and safety measures 1 need to be in place in their area of responsibility. A Head of Department/Section is responsible for ensuring there are departmental procedures for health and safety. A manager is responsible for assessing risks in his/her team and work activities and putting into place suitable control measures. A manager may have to carry out an individual risk assessment if a member of staff has a protected characteristic that impacts on their health and safety or that of others affected by the individuals work. Individual employees or students who organise activities and event s are responsible for risk assessing the event and putting control measures in place. Some staff may have to make decisions about whether a student with protected characteristics can partake in a learning event (e.g. field trip, practical training), or whether reasonable adjustments can be put into place, where the protected characteristic may put the student or others at risk of harm. Q4. What is the decision-making process and is it fair and transparent? E.g. if the decision relates to determining whether an academic offence has been committed, what is the decision based on and how are individuals made aware of this? The law requires that employees are consulted on measures that may affect their health and safety. For the Policy and University derived standards, consultation takes place through Safety Advisory Group and Health and Safety Committee. Our consultation procedure can be found here: http://www.essex.ac.uk/ohsas/consultation/consultationprocedure.shtm We also consult the Equality and Diversity team if there are specific equality related issues in the standard being developed (e.g. recent fieldwork guidance).. We encourage managers to consult staff on their health and safety standards and risk assessments through training. Departmental processes for consultation and communication can be found in their Health and Safety Management Statement. Where there are specific equality issues we include reference in our guidance and include links to contacts for further advice. For example: Fire safety: Covers how to arrange PEEPS Organising an event safely: includes a section on people especially at risk Guidance on fieldwork: includes a section on participants with additional needs. Q5. Please give details of what equality training is/will be provided for decision makers? If the decision-maker(s) has not had any equality training, s/he should be encouraged to complete the University’s equality and diversity online training programme. Training is important because it identifies the implications of not complying with legislation and outlines the benefits of doing so. We would not provide specific training in addition to that provided by the University, but may discuss issues as part of wider training. For example risk assessment training may consider where there is a conflict between equality and safety (e.g. where religious adornments may conflict with personal protective equipment). In such situations we would advise trainees that health and safety takes precedent, but that risk they need to consider reasonable adjustments and any risk assessment that results in exclusion of people with protected characteristics from a work/educational activity on safety grounds needs to be robust. Q6. Referring to the list of protected characteristics at the top of this form, how do you/will you monitor the effect this policy has on groups of people with these PCs? You can get support and guidance from Equality and Diversity on equality monitoring by emailing diversity@essex.ac.uk. The health and safety and occupational health teams are very aware of equality issues and consider it important that health and safety is not used as an excuse for discriminating against individuals. We would expect any decisions to exclude people with protected characteristics from an activity on the grounds of health and safety to be backed up by a suitable risk assessment that demonstrates that 2 consideration has been given to reasonable adjustments. We would investigate any complaints. We also encourage people to seek advice where there are equality issues. For example if people want to use candles for religious reasons we would consider the circumstances when making a decision and if we decide they can’t would suggest alternative arrangements. As part of health and safety audits and inspections, where relevant we may ask questions about how equality issues are addressed for activities where protected characteristics may pup people at risk. Q7. Referring to Q6 above, have you identified any positive or negative impact on any group of people who share a protected characteristic? E.g. the policy means that some groups of people are charged for a service and others aren’t. Please answer Yes or No. If yes, what, if anything, has been/will be done about this? The following are examples of positive effects: The arrangement that PEEPs are carried out for those with disabilities has a positive effect as it means that they are able to evacuate safety in a fire. The encouragement to consider individuals who may be especially at risk in risk assessments means that work is able to be adapted so that they can work safely. The University’s standards on DSE assessment is a route through which those with disabilities that affect their use of the computer can obtain reasonable adjustments to enable them to use the computer safely. We have produced fire and first aid procedures in 15 languages, so that they can be communicated to overseas visitors / students who may not have a good understanding of the English language. We would encourage the training of staff who interact with the public to have equality and disability training, as inappropriate behaviour can lead to conflict The following are examples of potential negative effects: There may be certain work activities that may preclude those with certain health conditions or disabilities for safety reasons, however the decision would be based on an assessment of the individual’s capability rather than an explicit ban. There is a potential that certain clothing or religious adornments will conflict with personal protective equipment. Each case would be looked at individually and where possible adjustments made. However health and safety will take precedence. We have a policy that candles are not permitted on campus in general which could potentially affect some religious customs. However if the group can demonstrate there is a legitimate religious reason for using candles the fire safety officer will approve after checking that they are to be used safely. There is a potential that staff, students and visitors who do not understand English well or who have a disability that may affect understanding or learning may have more difficulty understanding health and safety standards. In the past we have modified training delivery to assist staff with dyslexia and we have produced fire and first aid information in arrange of languages. We would respond to any reasonable requests to look at the way we communicate health and safety information if it is affecting a significant number of people, otherwise it would need to be address on an individual basis by the individuals manager. 3 Q8. Have there been any complaints or issues raised about the policy in relation to its effect on people who share a protected characteristic? Please answer Yes or No. If yes, please expand. Not that I am aware of. Q9. Are there any (further) measures that could be taken to continue to ensure the policy is neither directly nor indirectly discriminatory? e.g. additional data collection/monitoring or training. Please answer Yes or No. If yes, please expand. No Q10. Have you identified any ways in which the policy does, or could advance equality or foster good relations between different groups of people? Please answer Yes or No. If yes, please expand. Our Policy encompasses health, safety and wellbeing and we positively encourage supporting those with disabilities and health conditions to return to and remain in work. The Occupational Health Service works with managers to achieve this aim where it is of benefit to those concerned. The following statement is included in the introduction to the Policy: Individuals, the University and society as a whole all benefit from the provision of healthy and safe working environments. Under a comprehensive health and safety policy an employer can achieve this by helping employees to keep healthy and by protecting them from work-related harm. Also, by providing a suitable work environment, those with long or short-term health conditions and disabilities can be encouraged to remain at work. Please now email the completed form to diversity@essex.ac.uk. The Equality and Diversity Committee (EADC) have responsibility for overseeing the completion of EIAs. Equality and Diversity will assess the information provided in the first instance and will either: Decide that no action is required and report this to the Equality and Diversity Committee; Recommend actions to be taken and report this to the Equality and Diversity Committee *; Refer the EIA to the Equality and Diversity Committee who have the option to require a more detailed assessment be carried out. The individual completing the EIA pro-forma will be informed of the outcome of the assessment by Equality and Diversity as soon as possible after submitting the form. *If Equality and Diversity recommend action(s) be taken, a report outlining the progress made against the recommended actions will be requested one year after the EIA has taken place. For completion by Equality and Diversity Name of Policy Health, Safety and Wellbeing Policy and associated standards produced by HSAS or approved by HS Committee/Safety Advisory Group. Should this EIA be referred on to the Equality and Diversity Committee for further consideration? No further consideration required at present. If no, what recommendations, if any, should be made to the Policy-holding Department/Section? 1) When reviewing health and safety incident forms, consideration should be given as to whether any equalityrelated factors contributed to the incident and if so, whether any steps need to be taken to mitigate against a repeat of a similar incident. 4 Date: 7 January 2013 Signed Karen Bush, Equality and Diversity Manager 5