Health and Safety Policy

Title: Health & Safety Policy (P01)

Author: Head of Health & Safety

Approved by: Chief Executive

Issue date: 1 April 2023

Review date: 31 March 2024 (or sooner if necessary)

Links to other procedures: All health & safety procedures and arrangements

Health and Safety Policy Statement

As a leader of the community that it serves, North Yorkshire Council recognises and accepts the financial and legal responsibilities and duties that it has for the health, safety and welfare of its employees and others affected by the council’s activities.

The council’s commitments are to:

prevent injury and ill health, associated with the council’s activities
provide a healthy and safe working environment
promote a positive health and safety culture throughout the organisation
satisfy applicable legal and other requirements
control health and safety risks through applying appropriate risk management arrangements
continually improve the council’s health and safety management system and performance
engage employees in developing and implementing a joint approach to the management of health, safety and welfare
set health and safety objectives and monitor their achievement

As Chief Executive, I am committed to integrating health and safety into decision making and risk management processes within the council. The Corporate Directors will support me in this role and, together with the Management Board and Directorate Management Teams, will ensure the effective leadership of health and safety for the council and others affected by the council’s activities.

Employees with management responsibilities will ensure that all significant risks are properly assessed, controlled and any measures implemented to mitigate risk are appropriately monitored. We regularly review these assessments, to ensure that the council complies with legal requirements and strives to achieve best practice.

We will maintain arrangements to consult employees, trade union representatives and others who may be affected by our activities, to encourage a joint approach to the management of health, safety and welfare.

We expect all employees and those undertaking work on behalf of, or in partnership with, the council to take reasonable care of their own health and safety, for the health and safety of others and to co-operate with the council in the performance of its moral and statutory duties.

We will monitor health and safety performance and review its policies and procedures to ensure the achievement of best practice in all aspects of health and safety management.

Health and safety organisation

This section details the health and safety roles and responsibilities assigned to specific posts and functions within the council. Appendix 1) shows these roles and responsibilities diagrammatically.

Elected Members

Leader of the council

The leader of the council ensures that the work of the executive and full council is conducted in accordance with the council’s policy and procedures for health and safety and with due regard for relevant statutory provisions.

Deputy leader

This executive member is individually responsible for health and safety by acting as the elected members’ contact point, to ensure that due consideration for health and safety is given when decisions are made. This is to ensure that executive decisions are consistent with this policy and with other council policies and procedures, and any relevant statutory provisions.

Corporate and partnerships overview and scrutiny committee

The corporate and partnerships overview and scrutiny committee scrutinises the council’s health and safety performance when appropriate, in accordance with the council’s framework for corporate governance.

All elected members

All members ensure that all the decisions they make are in line with this policy and other Council policies and procedures. This ensures that they give due regard to health and safety and any relevant statutory provisions. This principle is upheld by all committees and during all contacts with employees and members of the public.

Chief Executive

The chief executive has overall personal responsibility for the effective leadership for health and safety in the council. He carries out the following duties:

ensure that the health and safety policy and management systems are an integral part of the council’s culture, of its values and performance targets
provide effective leadership to corporate directors by agreeing and reviewing targets for maintaining standards and, where appropriate, for achieving improvements in health and safety performance
ensure that adequate resources are made available to achieve high standards of health and safety
monitor and review health and safety performance by receiving both specific (e.g. incident-led) and routine reports

Corporate directors and assistant chief executives

All corporate directors and assistant chief executives are responsible for the effective leadership of health and safety within their directorates and/or sphere of influence.

Corporate directors and assistant chief executives carry out the following duties:

ensure that the health and safety policy and management systems are an integral part of the directorate’s culture, of its values and performance standards
ensure that the directorate has a clear management structure and that health and safety responsibilities are effectively communicated and included, where appropriate, in job descriptions
ensure that there are adequate and appropriate arrangements to encourage the trust, participation and involvement of all employees on health and safety issues
ensure there are adequate arrangements so that the required health and safety information is shared between those that need it
ensure that there are systems and arrangements to secure the competence and capability, on health and safety related matters, of all employees and others who are part of the directorate's undertakings
provide visible leadership on health and safety to senior managers by setting and reviewing targets for achieving improvements in health and safety performance
approve the directorate health and safety action plan and monitor its implementation
ensure that adequate resources are made available to achieve high standards of health and safety performance
monitor health and safety performance by receiving both specific (e.g. incident-led) and routine reports
keep health and safety performance under review at directorate leadership management team meetings and ensure a formal annual review is carried out
consult directorate health and safety risk managers and others to monitor the need for further health and safety measures

Corporate director – resources

In addition to the responsibilities outlined above, the corporate director – resources is also appointed as the ’health and safety director’, to ensure that health and safety risk management issues are properly addressed by management board and more widely in the council.

This role includes maintaining an adequately resourced health and safety risk management team and chairing the corporate risk management group. However, this role does not detract from the responsibilities of the chief executive and of other corporate directors for implementing this policy.

Assistant directors

Assistant directors are responsible for the effective implementation of this health and safety policy and associated management systems in areas under their control.

They are responsible for ensuring that managers are aware of their responsibilities for implementing the day-to-day operation of all health and safety systems and procedures within their service areas.

In addition to these general duties, they will carry out the following:

ensure that the health and safety policy and management systems are an integral part of the culture, values and performance standards in their service areas
ensure that their service area has a clear management structure and that health and safety responsibilities are effectively communicated
provide visible leadership on health and safety to heads of service and senior managers by setting and reviewing targets for achieving improvements in health and safety performance
oversee implementation of the directorate health and safety action plan in their service area and monitor its implementation
ensure that adequate resources are made available to achieve high standards of health and safety performance
monitor health and safety performance by receiving and reviewing both specific (e.g. incident-led) and routine reports
keep health and safety performance under review and play a full and active part in the review process at directorate leadership management team meetings
consult the corporate health and safety risk management team and others who may assist with monitoring the need for further health and safety measures

Heads of service

Heads of service are responsible for the effective implementation of this policy in their areas of responsibility. They will carry out the following duties with assistance, where required, from the corporate health and safety risk management team, and other appropriate officers:

provide effective leadership on health and safety to their managers by setting and reviewing targets for achieving improvements in health and safety performance
implement the directorate health and safety action plan in their service area and monitor its implementation
ensure that health and safety issues are taken into account in all service performance plans and at the design stage of new initiatives
satisfy themselves that suitable health and safety standards are maintained and arrange for any shortcomings in safety standards, inspections, training and instruction to be rectified where practicable. where significant risks remain then these must be appropriated escalated for further consideration
ensure that arrangements are in place so they are advised of any accidents, incidents and health and safety issues occurring in their area of responsibility
monitor the need for any further health and safety measures, instruction and training
ensure that suitable and sufficient risk assessments are carried out in their area of responsibility. these should be recorded, communicated to the relevant staff and reviewed at least annually (or sooner if there is an accident, near miss or a significant change to the activities assessed) and amended if necessary
ensure that all employees in their area of responsibility have been informed of any significant risks to their health and safety, and any control measures, workplace precautions, safe systems of work, etc. that must be taken to minimise these risks

Managers with premises management functions

Managers nominated to fulfil a premises management role (usually a nominated service manager for the premises, or a function taken on by the property service, housing service or business support) are responsible for overseeing building related health and safety issues in their designated premises. They carry out the following duties in consultation, where appropriate, with the property service, housing service, the corporate health and safety risk management team, and other appropriate officers:

ensure that contracts are in place for building maintenance including the inspection and testing of equipment in the premises e.g. boilers, electrical, fire equipment, gas, lifts, etc.
ensure suitable arrangements are in place at the premises for the management of contractors and construction projects on site
maintain suitable arrangements in the premises to manage any asbestos containing materials present in the building
maintain suitable arrangements in the premises to manage any legionella risk in the building
ensure that there is a fire risk assessment for the premises and that this is regularly reviewed
ensure in residential accommodation that the occupants are notified of fire risk and the control measures in place as regards fire management strategies relevant to the premises especially those relating to fire mitigation and evacuation
ensure appropriate health and safety signs and information is displayed
ensure suitable first aid arrangements are maintained at the premises
ensure health and safety standards in the communal areas of the premises are monitored through workplace inspections and ensure action is taken to improve health and safety as necessary
ensure emergency procedures for the premises are developed and periodically tested
on multi-occupancy sites ensure that, there is co-operation and co-ordination of health and safety arrangements between all parties

Other officers with management/supervisory responsibility

Staff who manage, supervise or have responsibility for employees, trainees or members of the public are responsible for health and safety within their management control. They carry out the following duties in consultation, where appropriate, with health and safety risk managers, and other appropriate officers:

Provide effective leadership on health and safety to their staff and support improvements in health and safety.
Ensure that health and safety issues are taken into account at the design stage of any new initiatives and projects.
Take reasonably practicable steps to ensure the health, safety and welfare of all employees, trainees, temporary workers, volunteers and other persons who may be affected by work activities (e.g. visitors, pupils, service users, members of the public, contractors).
Arrange for regular health and safety inspections to be carried out in their area of responsibility and ensure that any identified remedial actions are completed. Where the remedial actions are not practicable and significant risk remains then this must be appropriately escalated for further consideration.
Ensure health and safety risks are assessed in their area of responsibility and ensure that all significant risks are adequately controlled. Record the significant findings of risk assessments and bring these to the attention of those affected where appropriate.
Ensure that accidents and incidents or medically diagnosed work related ill health, in their area of responsibility are reported promptly, as required by the accident/incident reporting procedure. Ensure that accidents, incidents (including near misses) and work-related ill health are investigated and where reasonable practicable, effective action is taken to prevent a reoccurrence.
Ensure that all employees in their area of responsibility receive appropriate health and safety training and they have sufficient knowledge, skills and information to carry out their work safely. Ensure that new staff are given a workplace health and safety induction during their first week at work.
Ensure that they and their staff are kept up to date with all relevant health and safety information.
Ensure that all employees, trainees, temporary workers and volunteers (where they are under the direct control of the council) are supplied with appropriate personal protective equipment and clothing that is fit for purpose and used correctly. Where it is required, provide suitable information, training and instruction on its use, maintenance and storage.

Directorate health and safety champions

Corporate directors assign a senior manager as the directorate health and safety champion; they take a strategic role for health and safety within their specific directorate. Their role is to co-ordinate the health and safety effort across the directorate.

They will also lead in health and safety planning, reporting and review of health and safety performance. Champions hold regular meetings with their corporate directors and the relevant officers from the corporate health and safety risk management team. They also chair the directorate risk management groups, to ensure health and safety plans and performance are formally reviewed.

Health and safety risk management team – resources directorate

The council has appointed the health and safety risk management team as competent persons in accordance with the management of health and safety at work regulations 1999.

The head of health and safety is a standing member of the corporate risk management group and council’s corporate health and safety committee. The team provides strategic health and safety advice and support to the council, elected members, managers and employees.

Where specific skills, knowledge and experience e.g. construction, civil engineering or children’s services are required a member of the team will be assigned to a specific directorate or service. However, neither under the terms of this policy, or under health and safety statutory requirements, can the health and safety risk management team relieve either managers or supervisors of their operational health and safety responsibilities.

The health and safety risk management team carries out the following duties:

to be a member of the corporate and directorate health and safety/risk management groups
work in partnership with directorate health and safety champions to develop an annual health and safety action plan for the directorate
to escalate, or report as appropriate, any failure to implement the directorate health and safety plan to the relevant manager
to contribute to, and engage in, the development of policies and procedures relating to health and safety
ensure effective consultation takes place on any proposals, new procedures or policy
develop and advise on the implementation of health and safety policy, procedures and management systems for existing and new activities
support and empower managers to develop and implement effective health and safety risk management in their service areas
promote a positive health and safety culture, based on sensible risk management, to secure high standards of health and safety
advise on the development of health and safety action plans, including the setting of realistic short-term and long-term objectives
advise and inform on all aspects of health and safety, including new legislation, affecting the work of the council
advise on the implementation of the health and safety risk assessment system and prioritisation of control measures
advise on health and safety training for staff and ensure it is appropriate for their duties and responsibilities
monitor health and safety through inspection and audit
co-ordinate the accident/incident reporting, recording and investigation system
report to management on health and safety performance and standards
provide the main point of contact and maintain professional working relationships with health and safety enforcing authorities
exercise the authority to stop work in cases where there is an intolerable risk of serious injury or likelihood of fatality

Health and wellbeing service

The health and wellbeing service provides the following services across all directorates:

provide advice on employee fitness for work and on adjustments and restrictions for existing and potential employment
provide medical advice to inform individual risk assessments on employees who have underlying medical conditions
provide medical advice on rehabilitation programmes to assist individuals to return to work from sickness absence
provide advice to managers on medical/health issues to prevent potential work related ill health
provide training to managers and individuals with regards to specific work-related health issues, their prevention and management
provide appropriate health surveillance and advice to individuals and their managers on any work-related risks to their health and the necessary measures to prevent the development of disease and ill-health
participate in and provide advice on employer health needs assessments to assist in developing appropriate health surveillance plans to prevent ill-health
provide support, via the employee assistance programme, to all employees experiencing personal and workplace difficulties
provide health screening were requested to ensure that individuals, with particular medical conditions, are not endangered by the nature of their duties
provide health promotion screening as a method of introducing employee's to the concept of health awareness and lifestyle choices

Property service

The property service provides advice and guidance across all directorates in relation to the development of new and the refurbishment and maintenance of existing buildings. The property service liaises with directorates and contractors to ensure that suitable arrangements are in place for maintaining buildings, plant, equipment and services.

Housing service

As social housing provider with responsibility for over 8,500 housing tenants the council takes its responsibilities as regards the health and safety of its properties very seriously. The housing service is responsible for ensuring that arrangements are in place for maintaining buildings, plant, equipment and services within the communal council’s housing stock. In addition, they are responsible for ensuring the council’s statutory duties, within individual dwellings, are fulfilled.

Trade union safety representatives

Trade union safety representatives are consulted where appropriate on matters affecting the health and safety of employees they represent, in compliance with relevant statutory requirements. Formal consultation with trades unions on health and safety takes place at the council’s corporate health and safety committee and directorate level through the various risk management and health and safety groups.

All employees, trainees, temporary workers and volunteers

All employees, trainees, temporary workers and volunteers have an important part to play in protecting themselves and others. Health and safety responsibilities are based on legal obligations and are subject to the council’s disciplinary procedures (where appropriate). in particular, all employees, trainees, temporary workers and volunteers are required to:

Take reasonable care for the health and safety of themselves and others, who may be affected by what they do or fail to do at work.
Co-operate with all managers, supervisors and the health and safety risk management team on health and safety matters.
familiarise themselves with, and to act in accordance with, any health and safety procedures that have been issued to them or otherwise brought to their attention.
Act in accordance with any safety training, or any verbal safety instructions that has been provided to them.
Make full and proper use of any personal protective equipment (PPE) and clothing provided to them, in accordance with instructions or training received. report any loss of, or obvious defect in, such PPE to their supervisor or manager.
Adopt safe behaviour and avoid interfering with, or misusing, anything provided in the interest of health, safety or welfare.
Report any accident/incident (including work related ill health) or near miss to their supervisor or manager (to be done on the day of accident/incident, in the case of work-related ill health when any such ill health has been medically diagnosed, or as soon as possible thereafter). this includes reporting any accident/incident involving a non-employee while on council premises, sites or affected by council activities, which comes to their attention.
Report to their supervisor or manager any work situation they consider to represent a serious and immediate danger to health and safety, or any other relevant matter that they consider to represent a shortcoming in current arrangements for health and safety.
Follow any laid down emergency procedures in the event of serious imminent danger, such as emergency evacuations.

Responsibilities regarding schools

The Health and Safety at Work etc. Act 1974 places overall responsibility for health and safety with the employer. The employer in a school must take reasonable steps to ensure that staff, pupils and visitors are not exposed to risks to their health and safety. This also applies to activities on or off school premises.

Who the employer is varies with the type of school:

for community schools, community special schools, voluntary controlled schools, maintained nursery schools and pupil referral units the employer is the local authority
for foundation schools, foundation special schools and voluntary aided schools the employer is the governing body
for academies and free schools the employer is usually the academy trust
for private finance initiative (PFI) schools, teachers and administrative staff are generally employed by the local authority however other staff in ancillary services i.e. cleaning and catering staff may be employed by the organisation contracted to provide these ancillary services

This document can be used as information and guidance for the governing bodies of such schools where the local authority is not the employer.

Responsibilities of school governors

It is the responsibility of the governing bodies to adopt a detailed policy on health and safety for the school.

As the management body, the governors should ensure that school management and staff comply with this health and safety policy and North Yorkshire Council and children and young people’s directorate guidance. The governing body, having control of premises, must take reasonable steps to ensure that buildings, equipment and materials are safe and do not put persons at risk whilst they are on the premises.

Specific responsibilities of governors are to:

take all measures within their power, as a body, to ensure the establishment premises are safe and not hazardous to the health and safety of staff, pupils, service users or visitors
carry out monitoring, including consideration of inspection reports
prioritise actions where resources are required
monitor the effectiveness of remedial actions taken
include health and safety on the agenda of governors’ meetings
review health and safety performance

Responsibilities of head teachers

The head teacher is responsible for all health and safety matters affecting the school. In the head teacher’s absence, the teacher with deputising responsibility will fulfil this role.

The head teacher’s main duties are to:

Be responsible for the day-to-day operational health and safety management within the school and activities outside school, (e.g. educational visits).
Assume the role of ‘controller of premises’ when dealing with visitors, contractors and others, including other organisations that may share the same site.
Organise, control, monitor and review the health and safety arrangements within the school so as to ensure the health, safety and welfare of staff, pupils and others, as far as is reasonably practicable.
Ensure the school complies with the Health and Safety at Work etc. Act 1974 and other relevant health and safety legislation.
Work with the governing body and senior management team to implement an effective health and safety policy for their school.
Apply and support the policies of North Yorkshire Council, Children and Young People’s (CYPS) directorate and the school.
Ensure that risk assessments are carried out for all appropriate activities and that the actions and preventative measures that are identified by these assessments are implemented and adhered to by everyone concerned. The significant findings of the risk assessments must be communicated as appropriate to all those concerned, e.g. staff, pupils, visitors and contractors.
Ensure effective monitoring of health and safety e.g. including consideration of safety inspection reports and the recording all accidents and incidents (including near miss reports).
Prioritise actions where resources are concerned and ensure their implementation.
Ensure health and safety is considered, where appropriate, at staff and management team meetings.
Ensure approval of educational visits in consultation with the governors, educational visits co-ordinator and CYPS, as appropriate.
Comply with the duties that are applicable to all other employees in relation to health and safety.

Health and safety arrangements

The council develops arrangements for the management of health and safety, which we systematically apply in all activities and services throughout the council. In addition to these arrangements, supplementary procedures, guidance and other health and safety systems are developed at service, premises and/or local level; where such arrangements are in place, council arrangements will take precedence, unless an appropriate risk assessment has been carried out to justify any such deviation.

The detailed health and safety arrangements are on the council’s intranet. This enables document control, the sharing of best practice and promoting transparency.

Schools without access to the council’s intranet can obtain access to the appropriate arrangements at CYPS info. Schools that subscribe to the health and safety traded service can access documentation from North Yorkshire Education Services (NYES).

Health and Safety Policy