Bridgend County Borough Council s7

Health and Safety Service Delivery Plan

2012-13

Safeguarding the health, safety, social and economic wellbeing of those living, visiting or working in the County Borough

APPENDIX B Bridgend County Borough Council Health and Safety Service Delivery Plan Introduction

This Service Delivery Plan provides the link between the Legal and Regulatory Services Directorate Plan and the work of the Health and Safety Service. It aims to:

 Show how the service contributes to the Authority’s improvement objectives and Bridgend County Borough’s Community Strategy.

 Provide an overview of the Service’s performance during the past year and summarise the challenges it faces in the year ahead.

 Identify priorities for service delivery.

 Allocate responsibility for attainment of these priorities.

 Provide an agreed context for the preparation and implementation of operational plans and staff appraisals.

 Show compliance in respect of the Authority’s duties for health and safety enforcement under Section 18 of the Health and Safety etc Act 1974. This is the Health and Safety Service’s Intervention Plan.

Philip Stanton, Service Manager Environmental Health

April 2012

- 1 - Bridgend County Borough Council Health and Safety Service Delivery Plan Contents

Introduction

Section 1: Service Overview

Section 2: Service Assessment

Section 3: Linking Service Priorities to Corporate Objectives

Section 4: Action Plan

Section 5: Operational Work Programme

Section 6: Performance Indicators

- 2 - Bridgend County Borough Council Health and Safety Service Delivery Plan

Section 1: Service Overview

Overall Aim & Services Provided

Public Protection forms part of Bridgend County Borough Council’s Legal and Regulatory Services (LARS) and comprises Environmental Health, Trading Standards and Licensing. The overall aim of LARS is to provide demonstrably high quality professional services to the Authority within an environment of support, respect and performance management.

Public Protection’s aims and objectives are to:

 safeguard the health, welfare and safety of those living, visiting or working in the County Borough.  provide health protection and promotion, through enforcement, advice, persuasion and assistance,.  further promote and ensure a fair, safe and equitable trading environment by encouraging good business practice and protecting consumers.

Public Protection along with the Health & Safety Executive (HSE), are responsible for ensuring the regulation of risks to health and safety arising from work activity. Public Protection is the enforcing authority for health and safety in workplaces such as retail outlets, offices, hotels, warehouses, tyre fitting premises and where the main work activity of the business is wholesale, leisure or consumer services based.

The Health and Safety Service's aims are to:

 promote and ensure safe working practices in the County Borough;  promote and ensure adequate workplace welfare arrangements in the County Borough.

These aims will be met by a programme of work, consisting of:

 risk based inspections based on guidance in HELA LAC 67/2;  advice and education of businesses and employees;

- 3 - Bridgend County Borough Council Health and Safety Service Delivery Plan  investigation of accident notifications;  provision of advice relating to applications for entertainment licences;  investigation of complaints regarding health and safety or welfare at work issues;  provision of advice in relation to planning and building control applications;  annual inspection of riding establishments;  staff development and training;  development and implementation of the enforcement policy for health and safety.

Service Priorities

Area Role of the Health and Safety Service Health and Safety Targeted programmed health and safety inspections – high risk businesses are routinely inspected, including Inspections associated revisits (where necessary) to check compliance of work schedules and/or legal notices issued.

Health and Safety Investigation of notified workplace accidents, ill-health and dangerous occurrences. Investigation Health and Safety Investigation of health and safety complaints - concerning unacceptable management or working practices and Complaints poor welfare conditions.

Public Entertainment Public Entertainment licensing - consultation and undertaking inspections in respect of applications. Licensing

Registration of Registration - processing applications, undertaking inspections, dealing with complaints, offering advice Activities concerning tattooists, acupuncture practitioners, electrolysis and ear piercing. The registration of cooling towers.

Smoke Free Implementation of Smoke-free Premises etc (Wales) Regulations 2007. Legislation

Advice and Partnership

Area Role of the Health and Safety Service Advice Provision Provision of advice and education on Health and Safety issues to stakeholders, other Departments within the Local Authority and other bodies Partnership Partnership working with the HSE, other local authorities and other agencies as appropriate.

The Health and Safety Service is part of the Public Protection Team within Legal and Regulatory Services whose management structure is shown below. Working alongside the other environmental health services, Trading Standards and Licensing colleagues, the Service Team covers a range of environmental health duties in connection with health and safety advice, education and enforcement.

The Team operates from the Civic Offices, Angel Street, Bridgend and is available during normal office hours from Monday to Friday, but officers do work evenings and weekends when the need arises. An out of hours emergency service for Public Protection is available using the Council’s emergency 24 hour contact number.

Nearly all of the service, the vast majority of which comprises statutory functions, is provided by Environmental Health Officers and Technical Officers and inspections cover a wide variety of premises and activity types. In addition, the service deals with service requests and enquiries from the commercial sector and members of the public. The team also responds to consultations on planning applications, and acts as a statutory consultee for licensing applications, thereby preventing or minimising many potential safety risks before they can occur.

Enforcement Policy

Bridgend County Borough Council has signed up to the Enforcement Concordat. This has now been replaced by the Statutory Regulator’s Code issued under section 22(1) of the Legislative and Regulatory Reform Act 2006. The principles contained in the Concordat and the Code of Practice for the Crown Prosecution Service have been combined to produce the Public Protection Section’s Overarching Enforcement Policy which is under review. The policy was subject to consultation with the public, business and Members before being formally adopted by the Council. The purpose of the policy is to secure efficient compliance with legislation whilst minimising the burden to the Council, individuals and businesses.

Structure of the Health and Safety Service within the Public Protection Group

ASSISTANT CHIEF EXECUTIVE LEGAL & REGULATORY SERVICES Andrew Jolley

PUBLIC PROTECTION GROUP MANAGER Lee Jones

SERVICE MANAGER SERVICE MANAGER ENVIRONMENTAL HEALTH TRADING STANDARDS Philip Stanton Helen Picton

PRINCIPAL OFFICER PRINCIPAL OFFICER PRINCIPAL OFFICER PRINCIPAL OFFICER LICENSING AND FOOD SAFETY/ SPECIAL INVESTIGATIONS, HOUSING/POLLUTION HEALTH & SAFETY HA, INSPECTIONS, ANIMAL REGISTRATION s FAIR TRADING, A & E HEALTH, DOG WARDEN OFFICER Mike Thomas Jeff Davies Yvonne Witchell

Health and Safety Food Safety team Team

- 6 - Bridgend County Borough Council Health and Safety Service Delivery Plan Health and Safety Structure

Group Manager Public Protection Lee Jones

Service Manager Environmental Service Manager Trading Health Standards Philip Stanton Helen Picton

Principal EHO Food Safety and Health and Safety

Senior EHO Senior EHO Health and Safety Food Safety

EHO EHO Technical Officer

Section 2: Service Assessment

The Service Context

The publication of Common Sense, Common Safety by Lord Young in 2010 heralded a Whitehall wide review of the operation of health and safety laws administered by local authorities and the Health and Safety Executive (HSE). It put forward a series of policies for improving the perception of health and safety to ensure that it is taken seriously by employers and the general public, while reducing the burden on businesses. Nearly 30 million working days are lost each year in the UK due to workplace ill health and injury. As far as possible, everyone should be protected from ill health and accidents arising from work activities and should be subject to decent standards of welfare at work. The Health and Safety Team work to improve the health of working age people by ensuring healthier and safer workplaces. It also promotes healthier lifestyles and is a key strand of improving public and environmental health. The policies are welcomed and the team will continue to work in conjunction with its partners in the HSE to ensure safe places of work.

There are 2414 businesses operating within the district that fall under our enforcement responsibility, which can be broken down into the following risk bands:

Total number of premises within Bridgend County Borough Council in each risk band

Risk Band Inspection Frequency Total Premises A Every year 5 B1 Every 18 months 66 B2 Not routinely inspected 228 C Not routinely inspected 1831 Unrated Not routinely inspected 284 Total 2414

Based on the data from 1st April 2009 to 31st March 2012, an average of 236 complaints, 250 requests for advice are received per annum and an average of 120 notifications of workplace accidents, ill-health and dangerous occurrences.

- 8 - Bridgend County Borough Council Health and Safety Service Delivery Plan The Health and Safety Team is based at:

Public Protection Section Level 4 Civic Offices Angel Street Bridgend CF31 4WB

Tel: 01656 643643 Fax: 01656 643285 E-Mail: [email protected]

Normal office hours: 8.30am to 5.00pm (Monday to Thursday) 8.30am to 4.30pm (Friday)

Out of office hours emergency operator Tel: 01656 815815.

Service Achievements

National Joint Working Projects

Formal Enforcement Action

The HSE states that the aim of inspectors is to secure compliance with the law and that enforcement should be proportionate, consistent, transparent and targeted. To ensure this aim is fulfilled, an enforcement policy has been approved and is available to view at www.bridgend.gov.uk. The different types of enforcement action available are:

1. Improvement Notices - These instruct the employer to take action to comply with the law and set out what needs to be done, why and by when. Employers have 21 days with which to appeal to an Industrial Tribunal.

2. Prohibition Notices - These prohibit any activity that risks causing serious injury. The activity may be prohibited immediately or after a specified period and cannot be resumed until certain conditions are met. Again the employer has a right of appeal.

3. Simple Cautions - Alternative to prosecution which requires the admittance of the defender to an offence. A simple caution is recorded on the Central Register of Convictions and may be used to influence decisions if the person should offend again within three years of its issue.

4. Prosecutions - Failure to comply with an improvement or prohibition notice can result in prosecution in a Magistrates' Court, as can strict offences under the Health and Safety Act 1974 and relevant Regulations. Prosecutions can result in a fine of up to £20,000 or six months imprisonment or both. Prosecution in higher courts can lead to unlimited fines or imprisonment.

Enforcement action taken per annum

Enforcement Action 2006/7 2007/8 2008/9 2009/10 2010/11 2011/12

1. Improvement Notices 18 7 13 9 19 37 2. Prohibition Notices 6 6 11 5 4 7 3. Formal Cautions 0 0 1 0 0 0 4. Prosecutions 0 2 2 1 1 1

- 10 - Bridgend County Borough Council Health and Safety Service Delivery Plan Risks and Challenges

The following have been identified as possible impacts on service delivery during the lifetime of this Service Delivery Plan

Level of Risk Risk Mitigating Actions Owner M Legislation changes/deregulation in Participation in various national and regional Lee Jones, Philip the light of the new UK government panels and specialist groups will assist in any Stanton administration and the reduction in response to changes. Where necessary the resources available to our reports for member approval will be produced. partners the HSE could have a variety of impacts.

M Staff training/retention, are potential Continuous review of staff training and needs Philip Stanton issues with non-salary budget, through staff appraisal system and business including training, being the target in planning. Where circumstances demand, cost saving. Mandatory training will further training on changes in legislation and be given. responsibilities. Wherever possible low cost training provided in house or via professional bodies and technical panels will be utilised, or otherwise training providers ‘bought in’ in conjunction with neighbouring authorities to minimise costs.

H Funding for full staff structure Ensure clarity of impact on budget cuts, seek Lee Jones, Philip (Operational and strategic risk) savings through efficiencies across Stanton department and continue to develop joint working.

- 11 - Bridgend County Borough Council Health and Safety Service Delivery Plan Section 3: Linking Service Priorities to Strategic Objectives

Service Priorities

Each year the Council reviews what it is going to do in order to help support the themes of the Community Strategy. Each Directorate then identifies what it needs to do in order to meet the Council's objectives. The table below details the relationship between the Community Strategy, owned by the Local Service Board, the authority’s Corporate Plan Objectives and the Health and Safety Service’s priorities.

Community Strategy BCBC Improvement Objectives Service Priorities Theme Healthy Living To build safe and inclusive Targeted programmed health and safety inspections – high risk communities businesses are routinely inspected, including associated revisits (where necessary) to check compliance of work schedules and/or legal notices To improve physical and emotional issued. wellbeing by promoting active lifestyles, participation and learning Investigation of notified workplace accidents, ill-health and dangerous occurrences.

Investigation of health and safety complaints - concerning unacceptable management or working practices and poor welfare conditions

Public Entertainment licensing - consultation and undertaking inspections in respect of applications.

Registration - processing applications, undertaking inspections, dealing with complaints, offering advice concerning tattooists, acupuncture practitioners, electrolysis and ear piercing. The registration of cooling towers.

Implementation of Smoke-free Premises etc (Wales) Regulations 2007.

Partnership working with the HSE.

Strong Communities To support our disadvantaged Provision of advice and education on Health and Safety issues to communities by promoting economic stakeholders, other Departments within the Local Authority and other growth and sustainability bodies

- 13 - Bridgend County Borough Council Health and Safety Service Delivery Plan Corporate Governance To improve the way we work to ensure effective and efficient Effective performance management of all services. Positive external inspections use of our financial, technological, physical and Exploration of options for joint working human assets To ensure that the Authority's moral and statutory duties are met in respect In-house training for staff of equalities and human rights legislation

To provide a seamless customer experience by building on the Continue to work closely with the authority’s Customer Service Centre. progress we’ve made To further improve the Council’s To maintain strong working relationships with internal departments, external performance agencies and public.

- 14 - Bridgend County Borough Council Health and Safety Service Delivery Plan Section 4: Action Plan

This section demonstrates how the Service Priorities shown in section 3 will be achieved by identifying actions required. These actions will form the basis of the operational plan set out in Section 6.

Improvement Objective: To build safe and inclusive communities

What are the priorities to How are we going to Achievement by Measure of success Responsibility achieve this objective? deliver these priorities?

Targeted programmed health Programmed inspections All programmed Monthly reporting of Philip Stanton and safety inspections – high carried out at a frequency inspections due performance risk businesses are routinely determined by a risk during the year will inspected, including assessment of each be inspected by the associated revisits (where premises. 31st of March 2013. necessary) to check compliance of work schedules and/or legal notices issued.

Investigation of notified All accident notifications All accident Monthly reporting of Philip Stanton workplace accidents, ill-health are categorised on initial notifications are performance and dangerous occurrences receipt. Those that warrant responded to within investigation will be 3 working days. progressed and appropriate action taken commensurate with the outcome of the investigation. Investigation of health and All complaints are Monthly reporting of Philip Stanton safety complaints - Complaints are investigated within performance

- 15 - Bridgend County Borough Council Health and Safety Service Delivery Plan concerning unacceptable investigated on a priority 5 days of receipt. management or working basis and an initial practices and poor welfare response will be provided conditions within, at the latest 5 days of receipt. Public Entertainment Within 14 days of Monthly reporting of Philip Stanton licensing - consultation and Consultation responses are receipt performance undertaking inspections in made in response to respect of applications. license applications or variations. Registration - processing The time taken to Monthly reporting of Philip Stanton applications, undertaking Registration of those process each type performance inspections, dealing with premises that are the of registration complaints, offering advice responsibility of the team varies with the concerning tattooists, involves the processing of activity being acupuncture practitioners, applications and carrying undertaken. electrolysis and ear piercing. out any casework The registration of cooling associated with the towers premises following registration. Partnership working with the Ongoing Development of Philip Stanton HSE Partnership meetings with agreed project work the HSE along with other for the year. Welsh local authorities.

- 16 - Bridgend County Borough Council Health and Safety Service Delivery Plan Improvement Objective: To improve physical and emotional wellbeing by promoting active lifestyles, participation and learning

Implementation of Smoke-free Routine compliance checks Ongoing, although Quarterly reporting of Philip Stanton Premises etc (Wales) during inspections and the complaints will performance Regulations 2007. investigation of any receive an initial complaints. response within 5 working days

Improvement Objective: To support our disadvantaged communities by promoting economic growth and sustainability

Provision of advice and Officers are available during Ongoing Monthly reports Philip Stanton education on Health and Safety office hours to provide help issues to stakeholders, other and advice to those who seek Departments within the Local it. Authority and other bodies

Improvement Objectives: To improve the way we work to ensure effective and efficient use of our financial, technological, physical and human assets and to ensure that the Authority’s moral and statutory duties are met in respect of equalities and human rights legislation.

Effective performance Performance Management Ongoing quarterly Monthly performance Philip Stanton management of all services. of key performance reports to LARS Positive external inspections. indicators. Management Team.

Exploration of options for joint Consultation with other Ongoing Progress will be reported Philip Stanton working. local authorities on an to LARS Management individual and group basis. Team.

In-house training for staff. Staff appraisals identify 31 March 2013 Training achievements Philip Stanton individual and group are reviewed on a six training needs. Training is monthly basis as part of provided on a priority basis the staff appraisal subject to funding. process.

Continue to work closely with Regular liaison meetings Ongoing Customer care surveys Philip Stanton the authority’s Customer between the Service and officer feedback. Service Centre. Manager and CSC team.

To maintain strong working Regular meetings are held Ongoing Customer care surveys Philip Stanton relationships with internal with other departments and and officer feedback. departments, external agencies external agencies. Regular and public. liaison with the public and information provided on the

- 18 - Bridgend County Borough Council Health and Safety Service Delivery Plan Public Protection web pages.

Improvement Objective: To further improve the Council’s performance

What are the priorities to How are we going to Achievement by? How do we know we Responsibility achieve this objective? deliver these priorities? are successful?)

Gaining continuous improvement Performance Management March 2013 Monthly reporting of Lee Jones and a consistently high level of of key performance performance service indicators Time Monitoring of officer March 2013 Monthly reporting of Lee Jones activities performance

- 19 - Bridgend County Borough Council Health and Safety Service Delivery Plan Section 5: Operational work programme

This section demonstrates how the Action Plan outlined in Section 5 above will be delivered through the work of the Service.

Inspection Programme 2011-12

Planned actions Target / Outcome Category A Premises 5 inspections are due during 2012/13 All inspections will be completed by March Inspections 31st 2013 Category B1 Premises 52 inspections are due during 2012/13 All inspections will be completed by March Inspections 31st 2013

Projects

All Wales Intervention Plan

Premises associated with Legionella

This will focus on a sample of premises likely to be associated with legionella. Ten premises will be identified and inspected to ensure systems are in place to control the spread of legionella. Previous work has been carried out mapping positions of cooling towers and will form the basis of the sample selection. Work has been undertaken with other local authorities, the HSE and Public Health Wales to provide information packs/guidance based on ‘themes’ where it is considered that there may be a risk of possible legionella.

- 20 - Bridgend County Borough Council Health and Safety Service Delivery Plan Evaluation methods

Ten premises will be inspected by 31/3/2013

Overstocking In Certain Retail Businesses

There is concern regarding the overstocking of premises particularly in the retail sector where goods are sold cheaply or in bulk. These stores have a tendency to occupy large buildings but do not provide adequate facilities to store goods.

Evaluation Methods

It is intended to inspect 10 premises as part of the project at a time when overstocking is most likely such as the lead up to Christmas.

Violence and Aggression

This project will be intelligence led utilising specific accident and emergency statistics available from all over Wales and collated through Cardiff University. This is an opportunity to develop, implement and assess the success of various methods of materials for intervention/methods of ‘putting the message across’ in partnership with Cardiff University.

Evaluation methods

Ten premises will be selected for intervention and an appropriate action will be taken in line with the requirements of the partnership agreement.

Swimming Pools and Spa Pools

Recent outbreaks across the UK have resulted in the identification of certain issues associated with swimming and spa pools, primarily poor management of treatment systems. This is of particular importance with the transfer of BCBC’s pools to a private company. At the start of 2012/13, there were 10 swimming and spa pools in Bridgend County Borough. All will be visited and assessed.

Evaluation methods

All 10 swimming and spa pools will be visited by 31/3/2013.

Regional Intervention Plan

Beauty Sector

This project will be intelligence led from reports of issues arising following treatments and also requests for information of ‘unusual’ treatments. The emphasis will be on consistency and raising awareness. Public Health Wales and Welsh Government also looking to provide guidance and will scope various treatments currently available. Premises will be inspected on a risk score basis and appropriate action taken if needed.

Evaluation methods

As of the 1/4/2012 there are 10 known tattooists in Bridgend County Borough, all ten will be inspected by 31/3/2013.

- 22 - Bridgend County Borough Council Health and Safety Service Delivery Plan Section 6: Performance Indicators

The following are the key indicators for evaluating performance of the Health and Safety Service.

2010/11 2008/09 2009/10 2010/11 2011/12 2012/13 Service PI Ref Indicator Indicator Welsh Performance Performance Performance Performance Target No Type Description Average The percentage of high risk businesses that Health and were liable to a PPN-S-01 Statutory 100% 100% 100% 100% 100% 97% Safety programmed inspection that were inspected, for:

(i) The percentage of new businesses identified during the year which Health and (ii) a) were PPN-008 Statutory 81% 5% 90% 92% 80% 44% Safety subject to a risk assessment visit; (iii) b) submitted a self- assessment questionnaire

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