UNCLASSIFIED

Health and safety policy statement
This instruction applies to : / Reference :
NOMS Agency staff (Headquarters)
HM Prisons / AI 23/2010
PSI 42/2010
Issue Date / Effective Date
Implementation Date / Expiry Date
20 October 2010 / 20 October 2010 / 20 October 2014
Issued on the authority of / NOMS Agency Board
For action by / Directors of Offender Management, HMPS Governors, Heads of Groups, Health and Safety managers
For information / All Public Sector prisons and NOMS HQ staff
Contact / Mary Guinness, Occupational Health and Safety Section

0300 047 5017
Associated documents / PSI Occupational Health
Replaces the following documents which are hereby cancelled :-
PSO 3801
Audit/monitoring :
Compliance with this instruction will be audited by Audit and Assurance Group.

UNCLASSIFIED

UNCLASSIFIED PAGE 1

CONTENTS

Section / Subject / Applies to
1. / EXECUTIVE SUMMARY / All staff
2. / HEALTH AND SAFETY POLICY
2.1 Legislation
2.2 Responsibilities
2.3 Health and Safety Policy
2.4 Headquarters and other office accommodation
2.5 Health and Safety Sponsor / All staff
3. / ORGANISATION
3.1 Introduction
3.2 Access to Competent advice
3.3 Consultation with Staff / All staff
4. / PLANNING AND IMPLEMENTING
4.1 Introduction
4.2 Risk assessment
4.4 Safe systems of Work
4.5 Contingency Planning
4.6 Training
4.7 First aid
4.8 Accident Investigation and Reporting
4.9 Management of Contractors
4.10 Cleaning
4.11 Monitoring Performance
4.12 Performance review
4.13 Audits / All staff
Annex 1 / Responsibilities for Health and Safety / All staff
Annex 2 / NOMS Health and Safety Policy Statement and Organisational Chart / All staff
Annex 3 / Strategy and Guidance for managing Health and Safety / All staff
Annex 4 / Key Health and Safety Roles / All staff
Annex 5 / Subjects that may need to be considered in the Arrangements Section of the local policy / All staff
Annex 6 / Extant Health and Safety PSOs, PSIs and Guidance Notes / All staff


1. EXECUTIVE SUMMARY

Background

1.1  Under the Health and Safety at Work etc Act 1974 employers are required to prepare

and regularly review a general policy on health and safety. This policy, which in respect of prisons was set out in PSO 3801, has been reviewed to reflect recent organisational and legislative changes.

1.2 The purpose of the PSI is to ensure that Directors, Regional Managers, Heads of Groups and Governing Governors have in place a system for effectively managing health and safety, which complies with the requirements of the Health and Safety at Work etc Act 1974 to ensure the health and safety of staff and others who may be affected by the Service’s undertakings.

Desired outcomes

1.3 The desired outcomes include:

·  An improvement in staff safety and well being;

·  A reduction in accidents and occupational ill health;

·  A reduction in sickness absence;

·  An improvement in safety performance;

·  A reduction in compensation claims;

·  Compliance with health and safety legislation and a reduction in regulatory action by the Health and Safety Executive (HSE).

Mandatory actions

1.4 Governing Governors must:

·  Prepare a local health and safety policy which includes a policy statement, and the organisation and arrangements for implementing the policy, and bring this to the attention of all their staff

·  Appoint a member of the SMT as the health and safety sponsor

·  Ensure access to competent advice and the appointment of staff designated for specific health and safety roles

·  Ensure that arrangements are in place for consultation with staff

·  Carry out risk assessments and ensure that measures are implemented to eliminate or control all the significant risks

·  Have arrangements in place to ensure the safety of staff and others in the event of a fire or other emergency

·  Ensure that staff are trained to carry out their work safely

·  Have sufficient number of trained first aiders in place

·  Implement a system for accident reporting and investigation

·  Have in place arrangements to regularly audit, monitor and review the health and safety performance.

1.5 DOMS/Regional Managers/Heads of Group with staff in office locations other than in London HQ buildings must:

·  Prepare a local health and safety policy which includes a policy statement, and the organisation and arrangements for implementing the policy, and bring this to the attention of all their staff

·  Ensure access to competent advice

·  Ensure that arrangements are in place for consultation with staff

·  Carry out risk assessments and ensure that measures are implemented to eliminate or control all the significant risks

·  Have arrangements in place to ensure the safety of staff and others in the event of a fire or other emergency

·  Ensure that staff are trained to carry out their work safely

·  Have sufficient number of trained first aiders in place

·  Implement a system for accident reporting and investigation

·  Have in place arrangements to regularly audit, monitor and review the health and safety performance.

London Headquarter Buildings

1.6 Heads of Groups with staff in London HQ Buildings must ensure the health and safety of their staff through co-operation and compliance with the requirements of the London HQ Health and Safety Policy, and participation in and co-operation with the Headquarters Health and Safety Committee.

Resource Impact

1.7 This PSI updates PSO 3801, which has been in place since 2005. There are no additional resources required to implement the requirements of this PSI. Consultation with the Trade Unions on this PSI has taken place.

Contact

Further information about this PSI can be obtained from:

Mary Guinness, Occupational Health and Safety Section

tel: 0300 047 5017

(signed)

Robin Wilkinson

Director of Human Resources


2. HEALTH AND SAFETY POLICY

Legislation

2.1  The Health and Safety at Work etc Act 1974 requires employers to provide a safe place of work that is without risk to health and to ensure the health and safety of others who may be affected by their undertakings. The Management of Health and Safety at Work Regulations 1999 requires employers to put systems in place to manage health and safety. This PSI sets out the core policy requirements to ensure compliance with current legislation. It should be read in conjunction with PSO 8900, Occupational Health.

Responsibilities

2.2  The NOMS Agency Management Board, as the employing authority, is responsible, so far as is reasonably practicable, for ensuring:

·  The health, safety and welfare of its staff

·  Conducting the business of the Service so as not to endanger the health and safety of others who may be affected by their undertakings

·  That systems are in place to effectively manage health and safety

·  That the Service’s health and safety performance is reviewed annually.

2.3 The Chief Executive Officer is responsible for ensuring the health and safety of all staff and others who may be affected by the Service’s undertakings. This responsibility is delegated through the management line to Directors, Regional Managers, Heads of Groups, Governing Governors, managers and those in charge of other NOMS buildings. Information on health and safety responsibilities for staff from Board level through to individual members of staff is given at Annex 1.

2.4 This PSI sets out the actions that Directors, Regional Managers, Heads of Groups and Governing Governors must take to ensure that systems are in place to manage effectively the risks to which staff and others are exposed while at work.

2.5 The COEs of Probation Boards, as the employers, are responsible for ensuring that systems are in place to protect the health and safety of their staff. This PSI will not apply to these organisations.

Health and Safety Policy

2.6 The Health and Safety at Work etc Act 1974 requires employers to:

·  Prepare a general policy on health and safety

·  Detail the arrangements and organisation for carrying out the policy

·  Bring the policy to the attention of all employees

·  Revise the policy as appropriate and bring any revision to the attention of all employees.

2.7 The NOMS Agency Management Board and the Chief Executive Officer’s commitment to ensuring the health and safety of staff and others who may be affected by their undertakings, together with the organisational structure for health and safety, is set out in the NOMS Health and Safety Policy Statement. A copy of this statement is at Annex 2.

2.8 The Chief Executive Officer is responsible for developing the NOMS Health and Safety Policy and this is done through the issue of this PSI and Guidance documents. However, the complex nature of the organisation, coupled with the widespread location of establishments and other workplaces, make it impossible for one single policy document to be uniformly applicable. Local policies, based on the guidance given in centrally issued policies and guidance notes and taking into account local circumstances and risks must be developed and implemented locally.

2.9 Regional Managers, Heads of Groups, Governing Governors, and those in charge of other premises must have in place a local statement detailing the health and safety policy of that establishment or Agency building. This policy statement must include:

·  A general health and safety policy statement which sets out the ownership and clear commitment of senior management to the policy

·  Detailed arrangements for consultation with staff through their appointed safety representatives and non trade union members of staff

·  Details of how health and safety is to be planned, implemented, measured and audited and include the allocation of individual responsibilities

·  The arrangements for monitoring performance

·  The arrangements for carrying out the policy i.e. the systems and procedures

·  Objectives for improving health and safety performance locally.

2.10  Regional managers, Heads of Groups, Governing Governors and those in charge of other premises must ensure that the Health and Safety Policy is brought to the attention of all staff. All local policy statements must be reviewed when any significant changes take place, but at least annually. Any changes must be brought to the attention of all staff. Line managers at all levels are responsible for implementing health and safety policy in their areas of responsibility.

2.11 Guidance on the preparation and implementation of local policy statements and the organisation and arrangement for managing health and safety is given at Annex 3.

Headquarters and Other Office Accommodation

2.12 Health and Safety policies for London HQ buildings will be prepared and monitored centrally by the Health and Safety Section in the HR Directorate, in consultation with the Heads of Groups occupying those buildings and other stakeholders such as the Estates Capacity Directorate Health, Safety & Fire Section and the HQ Health and Safety Committee.

2.13  However, individual Heads of Groups are responsible for ensuring that health and safety is effectively managed in areas under their control in HQ buildings, within the framework set by the policy.

2.14 Directors, Regional Managers and Heads of Groups are responsible for ensuring that systems for managing health and safety as described in this PSI are in place in any outlying offices under their control.

2.15 In buildings where the NOMS is a minor occupant, consultation must take place on health and safety arrangements between the NOMS staff occupying the building concerned and the major occupier primarily responsible for the premises.

2.16 Auditing of HQ buildings and other outlying offices will be carried out using the Health and Safety Standard for Headquarters and other Office Buildings.

Health and Safety and Fire Safety Sponsor: Member of the SMT

2.17 Governing Governors must appoint a member of the Senior Management Team as the health and safety and fire safety sponsor, to assist the Governor in the co-ordination of all health and safety activities within the establishment and to ensure effective implementation of the local health and safety policy. The Health and Safety and Fire Safety Sponsor must be suitably trained to undertake the role.

2.18  The role of establishment-based health and safety and fire safety sponsor is to assist the Governor in the co-ordination of all safety and fire safety activities within the establishment to ensure effective implementation of the local health and safety policy and advise the Governing Governor on all health and safety issues. Sponsors will normally be at functional head level though consideration should be given to appointing the Deputy Governor to this role. The role of the sponsor is not a full time role. However, sufficient time must be allocated for the sponsor to carry out the role effectively.

2.19 The health and safety and fire safety sponsor’s responsibilities should include:

·  Line management of the health and safety advisor

·  Chairing the health and safety committee

·  Ensuring that the local health and safety policy is revised as required, but at least annually

·  Liaising with local union health and safety representatives

·  Providing support for the establishment’s advisor in liaising with OHASS and the HSE and the Regional health and safety advisor

·  Ensuring that all accidents are reported in line with PSI 11/2002 Accident Reporting

·  Bringing any serious incident or significant breach of any Health and Safety legislation to the immediate attention of the Governor.

2.20 Health and Safety and Fire Safety Sponsors must be at least functional head level and will be a member of the Senior Management Team. Health and Safety Sponsors must be trained to IOSH Managing Safely level and have undertaken the Service’s fire safety training for Fire Safety Sponsors.

3. ORGANISATION

Introduction

3.1 Overall responsibility for the organisation of health and safety rests with NOMS Agency Management Board and the Chief Executive Officer. However, many of the duties and responsibilities will be delegated to Directors, Regional Managers, Heads of Group and Governing Governors through to the management line. The organisation for health and safety will be set out in the local health and safety policy.

3.2 The organisational section of the local policy must:

·  clearly detail the responsibility for health and safety at all levels

·  identify key roles with health and safety responsibility