Food & Safety Team

INTRODUCTION

This is the sixth Health and Safety Service Plan produced by Middlesbrough Councils Community Protection Service. The purpose of this document is to outline how the Food and Safety Team will deliver its health and safety enforcement service in 2009/10

The plan has been prepared under the guidance issued to Local Authorities under Section 18 of the Health and Safety at Work Act 1974 (the Act) by the Health and Safety Executive (HSE), the body with overall responsibility for seeing the Act is properly enforced. It is reviewed annually and presented for Executive Member approval.

This Service Plan now includes the target, achievements and work programmes for the implementation and enforcement of the smoke-free provisions of the Health Act 2006.

Copies of the Plan are freely available from the Food and Safety Team (01642) 728666.

Links to Corporate Objectives and Plans

The Health and Safety Service Plan is produced annually as part of the corporate planning process. It is developed alongside and in harmony with the Food Safety Plan. Both of these plans feed into and support the Middlesbrough Corporate Plan and Environment’s Service Plan.

In being creative in its approach to Health and Safety Law enforcement, the Food and Safety Team will continue to positively contribute to the community to help achieve the wider Corporate Plan aims of 1) Promoting healthier communities (adults) and narrowing health inequalities and 2) Promoting the economic vitality of localities

1.0SERVICE AIMS AND OBJECTIVES

Health and Safety enforcement is delivered through the Food and Safety Team of the Community Protection Service. Its mission in respect of this activity is to:

'Ensure that risks to people’s health and safety from work activities in Middlesbrough are properly controlled'.

This will be achieved by:

  • Targeting our resources at the areas of highest risk
  • Assisting and facilitating compliance with the law and best practice
  • Detecting and taking action against non-compliance

Specifically, we will:

  • Maintain an intelligence lead approach to enforcement. We will continue to single out and tackle rogue, exploitative and neglectful businesses that aim to prosper to the significant detriment of others, with a view to disrupting their activities.
  • Provide support, training, advice and assistance to legitimate businesses with a view to helping them thrive and expand. Particularly, we will aim to assist small businesses, new businesses starting up and businesses moving into the area.
  • Make provision for giving effective advice to service users. Particularly making access to the Food and Safety Team as easy and widespread as possible.

We intend to achieve the above by:

  1. Inspecting all of our businesses using 'risk' as a measure to determine what businesses should be inspected and when. We will concentrate our efforts on the highest risk businesses and activities.
  1. Responding appropriately to all accident reports, focusing our efforts in particular on those accidents, which fit into the priority topic areas, namely slips & trips, musculoskeletal disorders, falls from height, workplace transport, stress.
  1. Responding appropriately to all complaints and requests for advice.
  1. Investigating all notifiable dangerous occurrence reports.
  1. Investigating all notifiable disease reports
  1. Responding appropriately to all notifiable works involving asbestos
  1. Dealing with applications for the registration of beauty treatments including tattooing, hairdressing, acupuncture, electrolysis, body piercing, to ensure that these operations are carried out safe and hygienically.
  1. Consulting on licensing applications as statutory consultee for the “public safety”-licensing licensing objective.
  1. Promoting Health in the workplace to our employers and their employees including in particular the “How Healthy is Your Business” (HHIYB) Initiative and Workplace Health Award.
  1. Working with partners, including other Local Authorities, the Health & Safety Executive, Police, Fire Brigade, other LA departments including building control, planning, licensing.
NATIONAL PRIORITIES

The Health and Safety Commission (now merged with the Health and Safety Executive (HSE)) issued a new document in February 2004 'A strategy for workplace health and safety in Great Britain to 2010 and beyond'. This strategy is designed to promote the vision, which is to see health and safety as a cornerstone of a civilised society and, with that, to achieve a record of workplace health and safety that leads the world. This strategy builds on the success and develops the Revitalising Health and Safety Strategy Statement of June 2000.

The aims are to:

  • Develop new ways to establish and maintain an effective health and safety culture in a changing economy, so that all employers take their responsibilities seriously, the workforce is fully involved and risks are properly managed;
  • Do more to address the new and emerging work-related health issues;
  • Achieve higher levels of recognition and respect for health and safety as an integral part of a modern, competitive business and public sector and as a contribution to social justice and inclusion; and
  • Exemplify public sector best practice in managing our resources.
FIT 3 Workplan

The 'Fit for work, fit for life, fit for tomorrow' strategy will see officers working with local businesses to improve safety and reduce ill health and absence among staff.

The Fit 3 campaign focuses on work at height, slips and trips, manual handling, moving goods safely, workplace transport and disease reduction. In addition specific themes and areas of work will be targeted, as stated in future objectives.

2.0 Background

2.1Profile

Middlesbrough Council is a unitary authority in the North East of England. It has a resident population of 138,400 in 59,508 households. The non-white population is estimated at 6.3%.

Covering an area of 5,390 hectares (20.81 sq. miles), it sits on the banks of the River Tees.

The majority of employees working in the town (89.2 %)(JSU 2004) work in the service sector.

2.2Organisational Structure

Middlesbrough Council is a democratically elected body having 48 elected members from 23 wards. The key decision making body is the Executive board. Members of the Executive Board are appointed by the Mayor. Cabinet members are individually responsible for key strategic areas. Councillor Barry Coppinger is the Executive Member for Community Protection providing the political oversight for Health & Safety Law Enforcement. Councillor Brenda Thompson is the Executive Member for Public Health and Sport and provides political lead for health related issues.

The Management Organisation is lead by the Chief Executive, Mr Ian Parker. Council services are organised into five service groups, each reporting to an Executive Director.

The constituent services each have a Head of Service, and may be further subdivided into teams and units.


The normal structure of the Food and Safety Team detailed below. The team is managed on a day-to-day basis by the Principal Officers Philip Slack and Wayne Flowers and is part of the Environmental Health Group led by the Environmental Health Manager – Judith Hedgley who is also part of the service management team for the Community Protection Service. Jeff Duffield is the Acting Head of the Community Protection Service.

The Community Protection service is a component of the Environment Service Group. The Acting Director responsible for Environment is Ed Chicken, who chairs the Environment Departmental Management Team (EDMT) of which the Head of the Community Protection Service is a member.

EDMT meets weekly and, on a quarterly basis holds management clinics to which the performance of the Environmental Health Group is reported and scrutinised.

2.3Demands on the Health & Safety Service

The Food and Safety Team are responsible for the enforcement of health and safety legislation in over 2500 businesses in Middlesbrough. We are also responsible for the enforcement of the smoke-free provisions of the Health Act 2006 in respect of all workplaces in Middlesbrough.

As of the 1st April 2009 the health and safety premises profile of Middlesbrough was:

Type of Business / No.
Retail Shops / 873
Wholesale/Warehouse / 92
Offices / 575
Catering / 481
Provision of Residential Accommodation / 33
Leisure/Cultural / 106
Consumer Services / 332
Residential Care Home / 29
Other / 38
Total / 2579

The risk profile of the premises is as follows:

Risk Category / A / B1 / B2 / B3 / B4 / C
No. Of premises / 19 / 163 / 291 / 471 / 420 / 1088

We also have 127 unrated premises. These are new or premises not yet inspected. These will be inspected or incorporated into the inspection programme by means of a desktop rating exercise, according to the premises type and their likely risk rating.

Where a business opens outside traditional business hours the Food and Safety Team inspects it out of hours. As a rule, all visits, including those done out of hours, are unannounced. Exceptions are made however e.g. when a particular process needs to be audited.

The health and safety service is delivered from Vancouver House in central Middlesbrough. There are no out-stations or sub-offices, although occasional use may be made of the Consumer Advice Centre on Corporation Road to interview service users.

An officer is generally available Monday to Friday, from 8.30am to 5.00pm. There is an out of hour’s rota in operation to deal with public health related emergency situations. Officers can also be contacted via the Warden Centre.

2.4Enforcement Policy

The Council has formally adopted the Governments Regulatory Compliance Code and the Community Protection Enforcement Policy has been approved by the Executive and is freely available.

An Enforcement Policy has been produced specifically for the enforcement of the smoke-free provisions of the Health Act 2006 and should be read in conjunction with the Community Protection Service Enforcement Policy.

3.0 SERVICE DELIVERY

3.1Inspection Programmes

The Food and Safety Team operates a planned inspection programme using risk as an indicator of when businesses should be inspected. The Flare computer software calculates inspection frequencies using a system that complies with Local Authority Circular (LAC) 67/1 (revision 3) - 'Advice to Local Authorities on Inspection Programmes and an Inspection Rating System.'

In 2008 / 2009, 542 Health and Safety inspections or visits were carried out. In terms of meeting our inspection programme, 100% of the high-risk businesses due to be inspected were actually inspected. 86% medium risk were inspected, and 100% of all other businesses due for inspection were also carried out.

In 2009/ 2010 we aim to:

  • Inspect 100% of the Category A and B1 (high risk) premises;
  • Inspect 100% of Category B2 (medium risk) premises;
  • Target 100% of all other premises due for inspection using an alternative inspection strategy.

This alternative inspection strategy is based around providing an alternative inspection pack, containing a self-assessment questionnaire, and targeted business information. It will also include publicity campaigns, and targeted displays/presentations. This is in line with the HSE Guidance on enforcement in lower risk premises.

In accordance with the Fit 3 campaign food officers will also undertake relevant health & safety inspections within food premises.

Where possible we will participate in European Health and Safety Week and any other national initiatives, as well as any projects arranged through the Tees Valley Health and Safety Liaison group.

3.2Reactive Work

Complaints / Service Requests

In 2008/2009 the Food and Safety Team dealt with 401health and safety related service requests. We aim to investigate 100% of all health and safety service requests as necessary.

Accident Investigation

In 2008/2009 we received notification of 159 accidents. We aim to complete a preliminary investigation of all notifiable accidents and use a diagnostic matrix to identify those accidents requiring a more detailed investigation. This figure is difficult to predict, however, in 2008/09 39% of all notifiable accidents received a more detailed investigation. We focus our efforts in particular on those accidents, which fit into the priority topic areas, namely slips & trips, musculoskeletal disorders, falls from height, workplace transport, stress.

3.3Liaison

The Food and Safety Team continues to fully participate in local and regional liaison bodies, including The Tees Valley Health and Safety Liaison Group. This enables the sharing of ideas, technical expertise and to ensure greater consistency. We also liaise regularly with the Health & Safety Executive, Police, Fire brigade, other LA Departments including planning, building control, licensing.

3.4Customer Satisfaction

We contribute to National Indicator 182 – Business Satisfaction with Regulatory Services, which measured 83% satisfaction in 2008/9.

4.0 RESOURCES

4.1Financial Allocation

The total amount allocated for the Food Health & Safety Team for 2009 -10 is £475,961. Since approx 25% is for Health & Safety the team are allocated £118,990.

4.2 Staffing Allocation

As of the 1st of April 2009, the Food and Safety Team was constituted as follows:

  • 1.0 Environmental Health Manager– shared with the Licensing Unit
  • 2 Principal Officers (Food safety, health and safety and healthy living)
  • 3.75 Environmental Health Officers (1.75 responsible for health and safety)
  • 1 Public Health Enforcement Officer (Smokefree & health & safety)
  • 2 Food Safety Officers
  • 1 Technical Officer (food safety)
  • 1 Technical Support Officer (vacant post)

4.3Staff Development Plan

  • Health and safety training has been given greater emphasis to coincide with the competencies set out in Section 18 Guidance. In order to comply with this it is important that the staff involved in health & safety enforcement undertake a suitable and sufficient level of training.

In 2008/2009:

  • Health & safety staff received specific training provided by the HSE and other bodies in slips and trips, workplace transport, asbestos, dermatitis, muskulo-skeletal disorders, work at height, beauty treatments.
  • Two members of staff have also successfully completed courses leading to professional qualifications in relation to health and safety. This includes the NEBOSH Diploma and Diploma in Health & Safety Regulation. This helps to ensure that we have a fully competent workforce.

A needs based Training Plan has been prepared for the Food and Safety Team and includes both professional development training and general update training for each member of the team.

Cascade training will be given to staff as appropriate following attendance at courses to ensure that information is shared to increase knowledge across the team.

All members of the team are appraised every six months as part of the Corporate Appraisal Scheme.

5.0ACHIEVEMENTS IN HEALTH & SAFETY 2008/2009

Health and Safety Performance against Targets 2008/09

Planned Actions / Target / Actual
Deliver an inspection programme in line with statutory duty. / 100% high risk premises (A, B1)
60 % medium risk (B2)
Lower risk premises (B3, B4, C) will be subject to the alternative enforcement strategy / Achieved
Provide targeted health and safety information and initiatives using local data and statistics. / We will continue to review the local accident information from 2007/08 to develop strategy and deliver targeted enforcement/ publicity by March 2009. / Achieved.
The following campaign work was undertaken:
Tackling dermatitis
Tackling Slips and Trips
Noise in the Entertainment Industry
Working at Height
To review the impact of the Smoke free legislation and associated issues. / To continue to monitor compliance and coordinate enforcement programme Review on a monthly basis. / We have undertaken over 800 inspections of commercial premises and over 500 inspections of vehicles including taxis and work vehicles to check for compliance.
We undertook an out of hour’s operation in conjunction with Cleveland Police to monitor compliance in public houses.
Compliance rates remain extremely high across the town. Enforcement action has been predominantly only in relation to commercial vehicle drivers. We have served 9 Fixed Penalty Notices for individuals found to be smoking in Smokefree vehicles, but have not had to serve any in Smokefree premises.
There is one prosecution ongoing for failure to prevent smoking at a premises.
Our approach to enforcement for vehicles and taxis changed due to the higher levels of non-compliance.
To participate in the Health and Safety Executives (HSE’s) Fit 3 campaign. / To contribute to the national work programme we will deliver local awareness based initiatives focused on:
- Slips, Trips & falls from height in Food Retail.
- Stop Slips in hotels and catering.
-Violence and aggression.
- Promotion of industry led guidance for the music and entertainment industry. / Focussing on the “Fit 3” Strategic Delivery Programme.
We have delivered initiaties for businesses by awareness raising, developing guidance material, publishing information on our website, provision of advice and guidance, undertaking focussed inspections and advice visits, and training initiatives.
Implementation of the Noise Regulations / Review the implementation of the Noise Regulations in relation to the music and entertainment industry. Provide training and develop enforcement protocol by September 2008. / Noise surveillance was undertaken in selected entertainment venues.
An awareness day was carried out in November for the entertainment businesses in the Tees Valley area.
We are continuing to work with businesses to assist them with complying, and will continue to inspect high-risk premises and deal with areas of non-compliance.
This work is still progressing due to a delay in the publication of the Code of Practice.
Further developments are also ongoing, including extending the project to include joint working with the Health and Safety Laboratory, and the trial of hearing protection devices.
To implement the Competency Framework for Officers enforcing Health and Safety legislation / The Competency Frameworks sets the training needs and qualifications of officers. All officers will be assessed and a process developed for the recording and monitoring of officer’s competency. / Officers attended a regional briefing event and launch of the “Regulators Development Needs Analysis” tool in January 2009. When the tool becomes available it will be implemented within the team.
To review the partnership working arrangements with the HSE. / To review the implications of flexible warrants between the HSE and other local authorities and make recommendation by October 2008. / We have been awaiting the findings of trials undertaken nationally on flexible warrants. The scheme is being considered in conjunction with the Tees Valley Local Authorities.
In the meantime we have undertaken joint working initiatives with the Health and Safety Executive and Health and Safety Laboratory, including slips and trips, Royal Mail Initiative, & joint working on inspections of industrial estate premises.

In addition to the planned work we aimed to complete over the 2008/9 year we also undertook additional work in order to improve and raise the profile of the service, and to enhance the work we carry out with employers and employees in Middlesbrough’s Workplaces. This included: