Get documents about "Health and Safety Board Update Feb 07
Document Sample
SCRA (FEB 07)
SCOTTISH CHILDREN_S REPORTER ADMINISTRATION
HEALTH AND SAFETY UPDATE
Accountable Director: Director of HR Date: 29TH January 2007
Recommendations:
1. To note the terms of this report and current activities.
Reason for Report: Monitoring report
Resource Implications:
Strategy: Not applicable
Consultation: EMT
Document Classification: Unmarked
1. Introduction
1.1 The report provides information to the Board on health and safety within SCRA
and in the wider context. An update is provided on the implications for SCRA of
the Construction Design and Management Regulations 2007, the recent
guidance issued by the Scottish Executive on the duties contained in the Fire
(Scotland) Act 2005 and the recommendation of the Advocate General in the
case brought against the UK by the European Commission.
2. Health and Safety Management within SCRA
2.1 The revised Health and Safety Policy has been placed on the intranet. It is
anticipated that following the re-establishment of normal consultation
arrangements via the JNCC, the Health and Safety Committee will meet at an
early date to decide what further steps are required. In the meantime, work is
continuing on a draft Drug and Alcohol Policy and arrangements for the
management of work-related stress.
2.2 Advice and assistance continues to be provided by the Health and Safety
Adviser in a number of areas, for example:
" reasonable adjustments for staff with chronic medical conditions;
" space standards in offices increasing their occupancy;
" the application of the Display Screen Equipment Regulations to reception
areas; and
" the ventilation provisions of the Workplace Health Safety and Welfare
Regulations.
2.3 There has been one accident notifiable under the Reporting of Injuries,
Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) since the
last Board report. A Support Assistant in the Irvine office was taking a tray of
water for panel members into a into a storage room adjacent to the hearing
room. It would appear that she may have tripped and fallen. The member of
staff was taken by ambulance to hospital but discharged quickly with no injuries
detected by an X-ray. The Authority Reporter has carried out an investigation
and taken appropriate steps to prevent a reoccurrence.
3. Part 3 Fire Scotland Act 2005
3.1 As the Board is aware, Part 3 of the Fire (Scotland) Act 2005 came into force in
October 2006. The legislation included a restatement of the duty to carry out
Fire Safety risk assessments.
3.2 In order to fulfil our responsibilities an exercise was undertaken last year using
a business fire risk assessment guide prepared by the Fire Protection
Association. The fire risk assessment checklist was completed for all of our
core properties and it was intended that this was supplemented by a
programme of visits to each of the offices by the Health and Safety Adviser.
Prior to the new legislation, the duty to carry out fire safety risk assessments
was contained in the Fire Precautions Workplace Regulations 1997 and the
Management of Health and Safety at Work Regulations 1992.
1
3.3 The document _Fire Safety: An Employers Guide_ published by the Home Office,
the Scottish Executive and the Health and Safety Executive contained the
guidance to the old legislation. Specifically it stated that _risk assessment is
essentially a matter of common sense_.
However the document released by the Scottish Executive on the 12th January
2007 states that _it is essential that the risk assessment is specific to fire safety
and to the premises concerned. An overall generic risk assessment will not be
sufficient. It is essential that the person who undertakes this fire safety risk
assessment is proficient to do so. Persons can be considered proficient where
they have sufficient technical training and experience or knowledge, both to
carry out a fire safety risk assessment and understand fully the procedures and
management involved, and to undertake properly the measures referred to in
this guide. Risk assessment in complex premises may require the assessor to
have a greater level of knowledge and expertise_.
It would appear that the new guidance significantly alters the level of
competence required of the person carrying out the assessment. Advice has
been requested via Lothian and Borders Fire Brigade on whether this is the
case and any revised criteria for a competent assessor. Once this advice has
been received, the impact of this will be taken into account.
4. Construction Design and Management Regulations 2007 (CDM)
4.1 These regulations are designed to improve the 1994 Regulations and are
expected to take effect from April 2007. They merge the Construction Health
Safety and Welfare Regulations with the CDM Regulations and aim to provide
a method for a strategic approach to health and safety on project design,
planning, preparation and execution. They also aim to reduce the total amount
of risk which is introduced into the construction process by effective
management of health and safety.
4.2 It is anticipated that the biggest impact on SCRA will be around the role of the
client, their duties and their responsibilities. There is an enhanced duty on
clients to better reflect their influence. The facility to appoint a client_s agent is
removed. A new duty-holder, the co-ordinator, is created to replace the
existing planning supervisor and there is clearer guidance on how clients are
expected to assess the competence of their appointments. Property Section
will be reviewing their procedures to ensure compliance of the new regulations.
5 European Commission vs. UK
5.1 This case as previously reported has the potential for far reaching implications
for health and safety management in the UK. The framework directive on the
safety and health of workers says that _the employer shall have a duty to ensure
the safety and health of workers in every aspect related to their work_. The
Commission are arguing that the qualification so far as reasonably practicable
contained in Section 2 of the Health and Safety at Work etc Act 1974 is
incompatible with the framework directive.
2
5.2 The UK government have been arguing since 1997 that the qualification was
compatible with the framework directive. The United Kingdom has stated to the
European Court of Justice that section 2 of the Health and Safety at Work etc
Act 1974 imposes _automatic_ criminal liability, which an employer may escape
only by demonstrating that it has done everything reasonably practicable to
avoid risks to the safety and health of workers.
The employer is able to discharge the burden of proof imposed on it only if he is
able to demonstrate that there is a _gross disproportion_ between the risk to the
safety and health of workers and the _sacrifice, whether in money time or
trouble_ that the adoption of measures required to prevent this risk from arising
would have involved and that the risk itself was insignificant in relation to that
sacrifice.
The United Kingdom has also stated to the European Court that the test applied
under the so far as reasonably practicable clause involves a purely objective
assessment which excludes any consideration of the employer_s financial
position.
5.3 Earlier this month the Advocate General delivered his advice to the European
Court. The Advocate General found in the UK government_s favour. It does of
course remain to be seen whether the Court accepts the proposal by the
Advocate General.
6. Conclusion
7.1 The update report provides information to the Board on significant
developments in health and safety within SCRA and beyond.
7.2 Members are asked to note the terms of this report and current activities.
3
