Occupational Health and Safety Directorate Service Level Agreement and Statement of Responsibilities Queen Mary Occupational Health and Safety Directorate, on behalf of Queen Mary, University of London (2) Queen Mary University of London Students’ Union (3) QMSU Services Limited (1) (Ref: QM_OHSD_GA019) QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Draft – June 2013 Author: Marion Richards Contents 1. Introduction .................................................................................................................... 3 2. Occupational Health and Safety Advisory Services ........................................................ 4 2.1 3. Service Objectives .................................................................................................. 4 Scope of Service Provided by OHSD to QMSU/QMSU Services Limited ....................... 4 3.1 Advice ..................................................................................................................... 4 3.2 Health and Safety Training...................................................................................... 4 3.3 Accident and Incident Investigation ......................................................................... 5 3.4 Fire Safety Advice ................................................................................................... 5 3.5 Occupational Health Services ................................................................................. 5 4. Service Locations........................................................................................................... 5 5. Duration of Agreement ................................................................................................... 5 6. Key Contacts ................................................................................................................. 5 7. Service Level Agreement – Key Performance Indicators................................................ 7 8. Responsibilities and Monitoring Arrangements ............................................................ 14 9. Summary of Responsibilities, QMSU/QMSU Services Limited ..................................... 20 10. Further Development ................................................................................................ 21 QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 2 Service Level Agreement and Statement of Responsibilities between:- (1) Queen Mary Occupational Health and Safety Directorate (OHSD), on behalf of Queen Mary, University of London (QMUL); (2) Queen Mary, University of London Students’ Union (QMSU); and (3) QMSU Services Limited, in relation to occupational health and safety, fire safety and occupational health, entered into pursuant to a Memorandum of Agreement (MOA) between QMUL, QMSU and QMSU Services Limited 1. Introduction 1.1. The OHSD is a Directorate of QMUL and is serviced by QMUL employed staff working out of QMUL premises. 1.2. QMSU and QMSU Services Limited are both separate legal entities independent from QMUL, operating from premises provided by QMUL. QMSU provides support and services, and QMSU Services Limited provides services, to QMUL students. 1.3. Some staff working for QMSU and/or for QMSU Services Limited are employed under contracts of employment with QMUL and some under joint contracts of employment with QMUL and QMSU. QMSU also employs some staff direct and also engages third party contractors. 1.4. QMSU and QMSU Services Limited have (as they are required to by law and/or in accordance with best practice) their own health and safety policy and their own health and safety procedures. Where necessary, such policies and procedures seek to take into account relevant QMUL health and safety policies and procedures. 1.5. Where appropriate, the policy and procedures supplement QMUL policies and procedures by stipulating additional requirements on staff working for QMSU and/or QMSU Services Limited, in the context of their duties, and on students and others affected by QMSU’s and/or QMSU Services Limited’s services and activities. QMSU and QMSU Services Limited also have in place safe systems of work, standard operating procedures and emergency operating procedures, which include provisions specific to health and safety in their respective services and activities. 1.6. Section 2 of the Health and Safety at Work etc. Act 1974 requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. The Act also states that employers are responsible for the health and safety of their employees who are working in another person’s premises. 1.7. Section 3 of the Health and Safety at Work etc. Act 1974 requires employers to conduct their business in such a way as to ensure, so far as is reasonably practicable, that they do not expose people who are not their employees, but who could be affected by the work or the workplace, to unacceptable risks to their health and safety. In the case of QMUL and QMSU this applies to visitors, students and contractors. Contractors are persons working on the premises who are employed by a separate employer, or who are self-employed. 1.8. Regulation 11 of the Management of Health and Safety at Work Regulations 1999 requires employers sharing a workplace to cooperate and coordinate their activities QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 3 to ensure that fire safety and other health and safety provision is compliant with relevant legislation and that information relating to the risks to the health, safety and welfare of persons working in the undertaking is shared. 1.9. Article 22 of the Regulatory Reform (Fire Safety) Order 2005 places the same duties of cooperation and coordination with respect to fire safety on employers and others sharing premises. 1.10.In order to ensure acceptable means of cooperation and coordination are in place it is important to establish which employing or other entity is responsible for which aspect of occupational health and safety, fire safety and occupational health. 1.11.This Service Level Agreement and Statement of Responsibilities sets out the services provided by QMUL to QMSU and/or QMSU Services Limited and sets out the responsibilities of each party with respect to the aspects referred to above.. 2. Occupational Health and Safety Advisory Services 2.1 Service Objectives Provision of accurate, timely occupational health and safety advice and information that assists in assuring compliance with health and safety and associated legislation. Provision of a high quality Occupational Health Service Provision of training that enables health and safety competence and awareness to be enhanced in QMSU and QMSU Services Limited. Monitoring to ensure that the arrangements for managing Health and Safety, Occupational Health and Fire Safety in QMSU and QMSU Services Limited are suitable and sufficient. Reporting on the Management of Health and Safety, Fire Safety and Occupational Health at QMSU and QMSU Services Limited to the extent relevant to QMUL to the Council via H&S committees, advisory groups and reports, so providing assurance that QMSU and QMSU Services Limited are compliant with health and safety and associated legislation to the extent relevant to QMUL. 3. Scope of Service Provided by OHSD to QMSU/QMSU Services Limited QMSU and QMSU Services Limited use the services of an independent H&S advisor on contract to them. The following services are currently provided by OHSD to QMSU and QMSU Services Limited. 3.1 Advice Advice in relation to current and proposed projects within QMSU and QMSU Services Limited related to health and safety issues in the built environment. 3.2 Health and Safety Training Health and safety training as available from the portfolio of courses available to QMUL staff via the Learning Institute. Additionally, bespoke courses can be developed and QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 4 provided. Internal recharges may be applied for accredited or specialist courses and non –attendance. 3.3 Accident and Incident Investigation Assistance with accident investigation and statutory reporting in order to: Assist in compliance with prevailing H&S legislation To learn the lessons from unplanned adverse events and put measures in place to reduce the risk of a recurrence To provide information and intelligence to QMUL in relation to adverse incidents and accidents on QMUL premises 3.4 Fire Safety Advice Provision of Fire Safety advice and Training: Fire Safety Advice pertinent to buildings issues – alarms, evacuation plans etc. Fire Drills Fire Safety Advice relevant to new building projects or refurbishments Fire Marshall Training Fire Safety Training 3.5 Occupational Health Services Provision of OH services as follows: Pre-employment/pre-placement screening Referral advice in relation to the management of sickness absence 4. Service Locations The Occupational Health and Safety Directorate is located at 404 Bancroft Road, London E1 4DH on the Mile End Campus 5. Duration of Agreement This agreement will commence on 01/08/2013 and will be reviewed annually. 6. Key Contacts Service area QMUL OHSD Health and Safety Marion Richards 8966 QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 5 QMSU John Reddy - 3983 Fire Safety Keith Vagg - 8384 Occupational Health Marcia BennettPompey - 8704 QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 6 Occupational Health & Safety Directorate 7. Service Level Agreement – Key Performance Indicators Performance Category Service Aspect Service Health and Safety Advice (this will not be routine as QMSU/QMSU Services Limited have their own H&S Adviser) OHSD Training Accident and Incident Investigation Performance Standards By return – dependent of availability of OHSD personnel Maximum 2 working days. The OHSD will endeavour to accommodate training requests within 2 scheduled courses. The OHSD seeks to respond by return – dependent of availability of OHSD personnel Maximum 2 working days. QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Draft – June 2013 Author: Marion Richards Measurement Criteria & Process Performance Target (KPI) Performance to be discussed at SLA/MOA review meetings Indicative response times met 95% The number of persons trained by agreement with the OHSD as a percentage of those for whom training was requested 90% Performance to be discussed at SLA/MOA review meetings. Investigation reports will capture response times and required times for closing out actions Indicative response times met 99% Performance Category Service Aspect Performance Standards Measurement Criteria & Process Performance Target (KPI) Fire safety advice – The OHSD seeks to respond by return – dependent of availability of OHSD personnel Maximum 2 working days Fire Safety Service Fire incident investigation – 2 working days for first response Performance to be discussed at SLA/MOA review meetings. Generic building assessment – 5 working days to undertake assessment. 10 working days for report Fire Investigation reports will capture response times and required times for closing out actions Fire risk assessment – 5 working days to undertake assessment. 10 working days for report Indicative response times met 95% Fire safety training – courses scheduled every month apart from July and August Pre-employment/placement health questionnaires screened and advised within 3 working days Occupational Health Services Appointments in relation to the above within 5 working days Tracking and reporting available via OH database. Appointments following referral of staff regarding sickness absence Performance to be discussed at SLA/MOA review meetings With OH adviser – within 5 working days With OH physician – within 10 working days QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 8 Indicative response times met 95% Performance Category Service Aspect Performance Standards Measurement Criteria & Process Performance Target (KPI) A combined annual health and safety management return (annual return) to be submitted to the OHSD within 56 working days of it being requested Indicative response time met Submission of an annual return confirming that risk assessments are comprehensive, up to date and that actions have been closed out within agreed timescales 100% Annual return Indicative response Reports provided to QMSU/QMSU Services Limited management within 2 working days Service QMSU/QMSU Assurance of Services compliance Limited Confirmation that QMUL OHSD health and safety requirements have been met Confirmation that all general and specific risk assessments relating to QMSU/QMSU Services Limited’s activities have been carried out. All significant risks have been recorded and required control measures have been implemented where possible. Risk assessment Risk assessment and control measures have been undertaken before persons are exposed to tasks or conditions involving significant risk Where it is not possible to implement required control measures an action plan is place demonstrating means and time scales for achieving reasonably practicable control of the risks Training Training needs identified within 10 working days All staff and contractors given a health and safety QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 9 Performance Category Service Aspect Performance Standards Measurement Criteria & Process Performance Target (KPI) and fire safety induction within 3 working days Staff appraisals times met All training received is recorded Training Needs Assessed – 95% Managers ensure their staff’s attendance at training if it is decided the training is mandatory Training attended 95% Induction 99% Training Recorded 100% All accidents and incidents are recorded. Significant incidents (those where serious injury did occur or could have occurred) have been investigated. Incident reporting and Investigation Unplanned incidents that did or could have resulted in harm, injury or damage to QMUL staff or students have been reported to the OHSD as soon as possible. Within one working day maximum. RIDDOR reportable incidents involving QMSU’s/QMSU Services Limited’s staff or visitors QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 10 Incident investigation reports Incident statistics The annual return Reporting, recording and investigation of significant incidents 100% Performance Category Service Aspect Performance Standards Measurement Criteria & Process Performance Target (KPI) have been reported to the HSE within the HSE’s defined timescales Submission of annual return – 100% Regular health and safety and fire safety tours should be undertaken by managers and safety coordinators. Inspection An annual formal health and safety and fire safety inspection should be undertaken by managers and safety coordinators. Trade Unions should be invited to participate Action plans should be formulated to address non-conformances identified during inspections and tours. Action plans should be time scaled and have responsible persons allocated for each action. The annual return should confirm that regular inspections have taken place and that appropriate action plans have been developed and their progress monitored To manage fire safety in areas under QMSU’s/QMSU Services Limited’s control Fire Safety To make improvements to fire safety management within agreed timescales when these are recommended by the OHSD Fire Safety Team or the London Fire Brigade To cooperate with the OHSD to hold regular scheduled evacuations To conduct regular tours and inspections to QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 11 The annual return should detail the fire safety management arrangements and monitoring activities that have been carried out by QMSU/QMSU Services Limited. inspection – 100% Action plans – 100% Actions closed within agreed timescales – 95% Submission of annual return – 100% Actions closed within agreed timescales – 95% Up-to-date Performance Category Service Aspect Performance Standards Measurement Criteria & Process ensure that adequate fire safety arrangements and conditions are in place. Performance Target (KPI) and complete fire incident record – 100% To investigate fire incidents and false alarms in conjunction with the OHSD or Estates and Facilities Annual scheduled evacuation 100% To report fire incidents and unsafe conditions to the OHSD and Estates and Facilities To record fire safety incidents To manage the arson risk in and around premises under their control Resource plan is up to date and all People OHSD – Structure and Resource OHSD – Management & Leadership Skills OHSD – Staffing & Competence changes to the organisation chart and OHSD Annual Report 100% Annual appraisal 95% training needs met resource plan have been implemented Training needs assessment identifies where management and leadership skills are required There are sufficient staff in place to meet the service levels described in this document Staff are competent to undertake their specialist QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 12 Achievement of specified service levels Competent staff recruited or trained to be competent Indicative response times met Performance Category Service Aspect Levels Performance Standards Measurement Criteria & Process health and safety, fire safety and occupational health roles Competence levels maintained by CPD – CPD activities recorded in annual development plan Competence checked at annual appraisal and by feedback from service areas To ensure that QMUL and its stakeholders are aware of QMUL’s health and safety, fire safety and occupational health management arrangements, policy, standards and guidance To ensure that any change, or planned change to OHSD – legislation or QMUL’s health and safety, fire Communication safety and occupational health standards or guidance is communicated to stakeholders. To give feedback on investigations, inspections and audits conducted by the OHSD to relevant parties QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 13 One-to-one meetings, emails, posters, attendance at departmental, school and faculty health and safety and fire safety meetings, newsletter (four per year), comprehensive information on website accessible to staff and students Lack of awareness identified at audit Performance Target (KPI) 95% Development plan – 100% Annual appraisals – 100% No nonconformances identified at audit 8. Statement of Responsibilities - Responsibilities and Monitoring Arrangements Area QMUL OHSD Responsibilities QMSU/QMSU Services Limited Responsibilities Monitoring Arrangements Overall responsibility for the Health, Safety and Welfare of persons employed by QMUL and working for QMSU/QMSU Services Limited, and for QMUL students working for QMSU/QMSU Services Limited Ensures QMSU/QMSU Services Limited has adequate arrangements in place to ensure, so far as is reasonably practical, that the health, safety and welfare of QMUL staff and students. A combined H&S Policy detailing the commitment to managing health, safety and welfare, the persons responsible and their responsibilities for health, safety and welfare and the arrangements in place to ensure, so far as is reasonably practicable, that the health, safety and welfare of QMSU/QMSU Services Limited and QMUL staff, students and third part parties is not compromised by QMSU/QMSU Services Limited’s work activities or the workplace itself QMSU/QMSU Services Limited will submit a combined annual return to the OHSD confirming that an up-todate H&S Policy is in place. General Health and Safety Arrangements QMSU/QMSU Services Limited have their own H&S Adviser and do not contact the OHSD for day-today H&S advice To ensure that health and safety is managed in accordance with QMUL and QMSU/QMSU Services Limited’s policy requirements. QMSU/QMSU Services Limited should prepare and annual report of their H&S performance and submit it to the OHSD Information is given to staff on persons responsible for health and safety and H&S reporting lines and reporting requirements QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 14 The QMUL OHSD will audit the H&S management arrangements of QMSU/QMSU Services Limited. Unsafe acts or conditions are reported to the relevant managers/advisers (e.g. safety problems with the built environment are reported to QMUL Estates and Facilities Directorate) and the situation monitored to ensure unsafe acts are not tolerated and unsafe conditions are rectified Unsafe equipment is taken out of use Statutory testing is carried out PAT testing is carried out There are systems in place for identifying health and safety training needs and organising appropriate training Proper health and safety records, including training records and workrelated absence are kept There are systems in place to communicate health and safety information, standards and processes to staff and contractors There are safe systems of work in place for tasks that pose significant QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 15 risks Risk assessment Seeks regular assurance from QMSU/QMSU Services Limited that each has a management system in place for identifying and controlling, so far as is reasonably practicable, the risks to QMUL staff and students arising from work or the workplace. QMSU/QMSU Services Limited should identify and record the significant risks arising from general and specific work activities and the reasonably practicable control measures put in place to manage these risks. Specific risk assessments should be in place for: Work with display screen equipment Manual handling activities Work with substances hazardous to health Working at height QMSU/QMSU Services Limited will submit a combined annual return to the OHSD confirming that it has assessed, recorded and controlled, so far as reasonably practicable, general and specific significant health and safety risks relating to QMSU/QMSU Services Limited activities or premises under their control. The OHSD will conduct regular audits of the QMSU/QMSU Services Limited risk assessment management system to ensure it meets the required standards (as defined by legislation and the QMUL H&S Policy) Tasks for which personal protective equipment is required Training Provide regular relevant health and safety and fire safety training courses. QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 16 QMSU/QMSU Services Limited will identify the health and safety and fire safety training needs of QMSU/QMSU Services Limited staff, QMSU students and third parties each employs. These will be QMSU/QMSU Services Limited will submit a combined annual return to the OHSD confirming that each has carried out a training needs assessment, has given a H&S induction to all new starts within based on staff’s prior experience and learning and the nature of the tasks employees are being asked to undertake. QMSU/QMSU Services Limited should give an H&S induction to new staff who take on new roles. This should detail local health and safety and fire safety arrangements, related responsibilities and reporting lines and arrangements. agreed timescales and has recorded all the training staff have received. QMSU/QMSU Services Limited will monitor the number of persons trained by agreement with the OHSD. All training, including the induction, should be recorded Incident reporting and investigation Assists QMSU/QMSU Services Limited to investigate accidents, near misses and dangerous occurrences and to develop realistic action plans to reduce the risk of their recurrence Immediately inform the OHSD of accidents, near misses and dangerous occurrences involving QMUL staff or students, or occurring as the result of some problem with the built environment. The OHSD will report RIDDOR reportable incidents involving QMUL staff working for QMSU/QMSU Services Limited to the HSE Work with the OHSD to identify the causes and realistic remedial actions. Record all accidents, incidents and dangerous occurrences. Report RIDDOR reportable incidents involving directly QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 17 The OHSD will monitor progress with closing out actions arising out of the incident investigation in line with agreed timescales. QMSU/QMSU Services Limited should submit their incident statistics to the OHSD in their annual report Incident statistics are collated by the OHSD and reviewed by HSAG. HSAG may seek further information relating to the monitoring of employed QMSU/QMSU Services Limited staff and students and those involving visitors to the HSE particular incident causes. Inspection The OHSD can assist QMSU/QMSU Services Limited to carry out H&S Inspections Should carry out a formal health and safety inspection, at least annually, and generate an action plan to remedy unsafe conditions QMSU/QMSU Services Limited will submit a combined annual return to the OHSD confirming that it has carried out a formal H&S Inspection in the last 12 months and closed out remedial actions in line with agreed timescales Fire safety Fire Safety Advice pertinent to buildings issues alarms, evacuation plans etc Implement advice given by the OHSD Fire Safety Team within agreed timescales Scheduled Fire Evacuations – at least one per year Cooperate with the OHSD Fire Safety Team to hold regular scheduled evacuations The OHSD annual health and safety report will detail the scheduled evacuations and fire risk assessments carried out Fire Safety advice relevant to new projects Fire risk assessments – every three years Fire Marshall training Fire Safety Training Involve the Fire Safety Team in building projects or changes of use Appoint fire marshals and ensure they are trained Ensure all staff are aware of the fire emergency arrangements and actions Report any fire incidents or unsafe conditions to the OHSD QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 18 QMSU/QMSU Services Limited will submit a combined annual return to the OHSD confirming that it has carried out regular fire safety inspections, closed out remedial actions in line with agreed timescales and has a sufficient number of fire marshals. The annual return should detail the number of fire safety incidents and persons trained in fire safety. Record all fire incidents Follow QMUL’s fire safety procedures Occupational Health Pre-employment / placement health screening OH advice re: management of sickness absence Ensure that OH is made aware of persons requiring pre-employment health screening. Implement OH advice relating to the management of work-related illhealth issues. Follow QMUL HR guidance for managing cases of sickness absence and refer within these codes as appropriate Keep records of absence and record work-related causes QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 19 The Occupational Health Service records numbers screened and numbers of management referrals. It also keeps records of OH interventions QMSU/QMSU Services Limited should review staff records to ensure all information related to sickness absence management is recorded 9. Summary of QMSU’s/QMSU Services Limited’s Responsibilities Health and Safety Health and Safety Management System detailing responsibilities and arrangements for managing health and safety Risk assessment and control programme in place Induction given to new starts/staff with new responsibilities Training needs identified and training arranged Incidents and unsafe conditions reported to QMUL Emergency procedures in place and communicated to staff Ongoing monitoring of health and safety performance with remedial actions taken where necessary Confirm that Potable Appliance tests and Statutory Inspections have been carried out Annual report of health and safety performance returned to QMUL OHSD Fire Safety Fire safety induction given to any person to be on premises for more than three days Suitable persons to act as fire marshals and fire marshal training arranged with OHSD Ongoing monitoring of fire safety measures in place Incidents and unsafe conditions reported to QMUL Actions arising from fire risk assessments and inspections to be closed out within agreed timescales Occupational Health Risk assessment of job at pre-employment stage to allow preemployment health assessment to be carried out by QMUL OH Refer staff with work related health conditions to QMUL OH QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 20 Case management of sickness absence with QMUL OH 10. Further Development Date QMUL OHSD QMSU Services which could be developed and offered (charges may apply) OH: Travel health advice to include immunisations etc Health promotion activities Statutory Health Surveillance where identified as required Health and safety training QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Extant – June 2013 Author: Marion Richards 21 Action Responsible Person Document Control Initial Data Author: Marion Richards Position: Director of Occupational Health and Safety Checked by: Position: Approved by: Position: Status: Extant Date of Issue: April 2014 Version No. 2 Date of alteration and re-issue 25/04/14 Details of changes Changes made by Changes in terminology Marion Richards QM_OHSD_GA019_ Service Level Agreement and Memorandum of Understanding Status: Draft – June 2013 Author: Marion Richards