REPORT TO THE COMMUNITY SERVICES COMMITTEE – 26th JUNE 2018AGENDA ITEM 8

HEALTH AND SAFETY SERVICE PLAN 2018/19

Officer Contacts: David Hine – Strategic Partnership Manager - 01306 879226David.hine@molevalley.gov.uk

Jemma Malyon – Commercial Team Leader - 01306 879138 Jemma.malyon@molevalley.gov.uk

Purpose of Report : To satisfy the mandatory requirement for the Council to make adequate arrangements for the enforcement of health and safety legislation in premises for which they are the enforcing authority, including reporting on service plan outcomes for 2017/18 and health and safety service plan objectives for 2018/2019, as required by the Health and Safety Executive (HSE).

Publication status: Unrestricted.

Recommendations: That, in accordance with its delegated powers, the Committee:

A. Agrees the proposed objectives to meet the Council’s statutory duties for 2018/19, as set out in the Health and Safety Work Plan in Appendix ‘A’ and notes the performance objectives review from 2017/2018 as set out in Appendix ‘B’ and;

B. resolves to ensure that sufficient resources are provided to implement the Council’s statutory duties as an enforcing authority and encourage economic prosperity within the area and;

C. Authorises the Strategic Director of Place, in consultation with the Chairman of the Community Services Committee, to agree future health and safety service plans (including proposed objectives) and performance objective reviews.

Appendices Appendix ‘A’ – Health and Safety Work Plan 2018-2019 (page 63)

Appendix ‘B’ – Performance Objectives Review 2017-2018 (page 66)

Background papers * None* defined by the Local Government (Access to Information) Act 1985

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1. Introduction

This Service Plan sets out how the shared Environmental Health and Licensing service operating across Mole Valley District Council and Tandridge District Council, intends to provide an effective health and safety service that meets the requirements of the Health and Safety Executive’s (HSE) National Local Authority Enforcement Code (issued under section 18(4) of the Health and Safety at Work etc. Act 1974). It covers the functions carried out by authorised officers of the Commercial Team under the provisions of the Health and Safety at Work etc. Act 1974 and associated regulations.

2. Key issues for 2018/2019

The shared service is aware of Tandridge District Council’s Customer First programme, which will likely alter the way in which customer service requests are handled by the Commercial Team. Changes to procedures will be made as required to ensure the service meets the needs of the Council.

3. Health and Safety Service aims and objectives

3.1. The aim of the service is to ensure that all premises in the Mole Valley District Council and Tandridge District Council areas, which are enforced by the Local Authority, are safe and risks are managed effectively, and operators are complying with relevant legislation.

3.2. This will be achieved through:

Interventions (in accordance with HSE National Guidance and Local Intelligence).

Investigation of allegations and complaints about healh and safety in the workplace in premises enforced by the Local Authority.

Investigation incidents reported under RIDDOR. Investigation into reports received regarding lifting equipment and pressure

systems. Supporting businesses by offering advice on request. Encourage economic progress and only intervene when there is a clear case for

public protection or to secure compliance with legal duties. Acting as a Primary Authority Partner advising businesses in accordance with

relevant regulations and working with Bucks and Surrey Trading Standards (BSTS), in accordance with their Single Point of Contact agreement.

Providing adequate resources to the service to ensure the aims and objectives can be met (with specific consideration for major incidences and events and enforcement work).

Ensuring that all authorised officers are qualified and competent, providing adequate training, equipment and other rescoures to undertake their duties.

Taking appropriate enforcement action in accordance with the Council’s enforcement policy, local policies and procedures, the HSE’s Enforcement Management Model, the Regulators Code and the Department for Business, Energy and Industrial Strategy (BEIS) Better Regulation Framework.

Working with other Council departments, stakeholders, businesses and service users to promote economic growth and development and to meet the aim of the the service.

3.3. All of the above measures will be taken in accordance with the following principles:

Targeting Proportionality Consistency Transparency Accountability

4. Links to Corporate Aims and Objectives

4.1. Mole Valley District Council’s priorities relevant to this service plan are: Community Wellbeing:

- to “Improve opportunities for all residents to live safe and healthy lives”. Prosperity:

- to “work with rural communities and businesses to build on their unique strengths and address their challenges, helping them thrive and become more sustainable”

- to “adopt a pro-business outlook across the District…”- to “look for innovative ways to minimise cost to taxpayers of Mole Valley

District Council whilst protecting services.”

4.2 This service plan is relevant to Tandridge District Council’s key corporate priorities for 2017/2018 “to make Tandridge a vibrant place to live, work and visit by:

1. Providing high quality, customer friendly services.2. Making efficient and effective use of resources.3. Supporting residents and protect the local environment.4. Working with local businesses to promote economic growth and employment.5. Working in partnership with other public services to deliver the best service

possible.”

4.3 The overall aim of the service is to “…. protect residents, individuals, communities and businesses from harm; to improve health and wellbeing of residents; and to fulfil our statutory responsibilities” (Mole Valley District Council and Tandridge District Council’s shared Environmental Health and Licensing Business Plan 2018/19).

5. The National Context to this Plan

a) HSE Guidance

5.1 The HSE is the Central Governing body responsible for overseeing our health and safety work. It provides strategic direction for inspection, investigation, enforcement, research, guidance, issuing approved codes of practice, alerting duty holders to new and emerging risks as they are identified, providing information and advice and promoting training.

b) Helping Great Britain Work Well

5.2 In 2016, a new HSE Strategy document was produced, which sets out six strategic themes for the whole of the national health and safety system. Local Authority health and safety regulators are considered to be a key part of this approach, and will be expected to play a part by:

encouraging and recognising improvements, being increasingly joined up to deliver improved outcomes and minimise unnecessary burdens on businesses;

continuing to promote the risk-based, goal-setting regulatory regime that has served health and safety in Great Britain so well;

working with partners in the system to make workplaces safer and healthier, providing a level playing field for responsible employers with regulators and co-regulators, by advising, promoting, and where necessary, enforcing good standards of risk control;

using proportionate, risk-based regulation to support better outcomes, innovation and the safe use of new technologies;

developing services and products that contribute to improved management and control of risks, sharing our knowledge here at home and further afield; and

continuing the dialogue and conversation with stakeholders to make the system better, always looking to provide simple, pragmatic advice and support

c) Reducing Regulatory Burden on Business

5.3 Central Government remain focused on the need to reduce the burden upon busines and not to undertake inspection or enforcement activities without a specific reason, something which is fully supported by this service.

5.4 BEIS developed Priority Regulatory Outcomes for local authorities in England, which set out a framework for local regulation, in terms of activity and work with partner organisations, including health and safety. The health and safety service plan directly links the health and safety service area to these Priority Outcomes:

Support economic growth, especially in small businesses, by ensuring a fair, responsible and competitive trading environment

Protect the environment for future generations including tackling the threats and impacts of climate change

Improve quality of life and wellbeing by ensuring clean and safe neighbourhoods Help people to live healthier lives by preventing ill health and harm and

promoting public health Ensure a safe, healthy and sustainable food chain for the benefits of consumers

and the rural economy

d) Regulators Code

5.5 In 2013, the Better Regulation Delivery Office (BRDO) published the Regulators’ Code. It states that “Regulators whose functions are specified by order under section 24(2) of the Regulatory Reform Act 2006 must have regard to the Code when developing policies and operational procedures that guide their regulatory activities…and guide the regulatory activities of other Regulators.”

5.6 The principles of the Code are:

1) Regulators should carry out their activities in a way that supports those they regulate to comply and grow

2) Regulators should provide simple and straightforward ways to engage with those they regulate and hear their views

3) Regulators should base their regulatory activities on risk 4) Regulators should share information about compliance and risk5) Regulators should ensure clear information, guidance and advice is available to

help those they regulate meet their responsibilities to comply6) Regulators should ensure that their approach to their regulatory activities is

transparent

5.7 This service plan aids the Local Authority as to fulfill their duties as a Regulator, as outlined in the Code.

e) National Local Authority Enforcement Code

5.8 As part of the Central Government’s commitment to cut red tape (the Red Tape Challenge), and following publication of “Reclaiming Health and Safety for All: An Independent Review of Health and Safety Legislation” the National Local Authority Enforcement Code was developed. It was designed to ensure that local authority regulators take a more consistent and proportionate approach to enforcement. It outlines that the primary responsibility for managing health and safety risks lies with the businesses that create the risks. Regulators are expected to ensure effective and proportionate management of risks; support businesses protect their communities and contribute to the wider public health agenda.

5.9 Central Government expects that by complying with the requirements of the Code, Regulators will not subject businesses operating in comparatively low risk premises to proactive, unannounced inspections, unless there is a reason to suspect poor performance.

f) Primary Authority Partnerships

5.10 Primary Authority partnerships were first introduced and overseen by the Better Regulatory Deliver Office (BRDO) with the aim of “working towards a regulatory environment in which businesses have the confidence to invest and grow and citizens and communities are properly protected.” The Primary Authority Partnerships support this aim by ensuring consistent regulation, improving the professionalism of front-line regulators, and giving businesses a say in their regulation.

5.11 From October 2017 (when the Enterprise Act 2016 came into force), all businesses in the UK had access to assured regulatory advice through Primary Authority, including pre-start ups.The impact of assured regulatory advice for businesses is huge, knowing that any information they are given can be applied to all of their outlets without fear of legal challenge by other authorities, thus removing the possible inconsistencies of interpretation of law they may face.

5.12 The service supports Primary Authority through Bucks and Surrey Trading Standards Single Point of Contact model and currently provides primary authority advice for Environmental Health and Licensing for 17 partnerships.

5.13 Inspection plans produced under the scheme have a strong status in law and any proposed deviations must be notified to the Primary Authority. All of the service’s health and safety work is undertaken in accordance with the scheme and mindful of any existing partnerships that businesses may have.

6. Background Information

6.1 From 1st April 2017, MVDC and TDC entered into a shared Environmental Health and Licensing service. Since then, there have been a number of staff changes in the MVDC office. The Commercial Team became fully staffed in February 2018.

a) Profile of Mole Valley District Council

6.2. The area covers from Ashtead in the north to Okewood Hill in the south and from Buckland in the east to Abinger Hammer in the west. It has a population of approximately 85,000 people. The majority of the district's population live in the main towns and villages of the district, in particular, Dorking and Leatherhead. Mole Valley's countryside is extensive, accounting for more than 90% of the district's area. It contains a host of very attractive villages and hamlets. Large parts are included within the Surrey Hills Area of Outstanding Natural Beauty.

6.3. Whilst Surrey has become more diverse in the last 10 years, it remains lower than the national average, with 85.3% of Surrey people reporting they were White British and 9.6% black minority and ethnic groups.

b) Profile of Tandridge District Council

6.4. The area covers from Warlingham in the north to Felbridge in the south and from Limpsfield in the east and Nutfield in the west. It has a population of approximately 84,500 people. It is predominantly a rural district with small towns (Oxted being one of the largest) and villages, including Lingfield, home of Lingfield Park Racecourse. It features a large area of the Surrey Hills to the north and agricultural lands to the south.

6.5 Almost all of the residents were born in the UK and fall within the ethnic classification of ‘white’.

c) Organisational Structure

6.6 The structure of the Commercial Team for the provision of health and safety regulation can be seen below.

6.7 Below provides a brief overview of the other functions that officers within the Commercial team must perform:

Executive Head of Service/Strategic Director

Strategic Partnership Manager

Commercial Team Leader

MVDC2 x 1.0 FTE Senior

Environmental Health Officer

TDC1 x 0.95 FTE Environmental

Health Officer

1 x 0.33 FTE Environmental Health Officer

Partnership Management Board

Strategic Partnership Manager

Commercial Team Leader

MVDC2 x 1.0 FTE Senior

Environmental Health Officer

TDC1 x 0.95 FTE Environmental

Health Officer

1 x 0.33 FTE Environmental Health Officer

a) Food Safety Interventions and inspections Investigations into complaints Provision of advice and guidance Supporting businesses as part of the Primary Authority Partnership Enforcement action Targetted projects in line with national priorities and local priorities. Food and environmental sampling Food hygiene training

b) Public Health

Public health funerals (Mole Valley only) Private water supplies Special treatment registrations and enforcement Smoke-free Investigation of communicable infectious diseases

c) Licensing (Tandridge only) Street trading consents: issuing and investigating complaints Animal welfare licensing: issuing, inspecting and investigating complaints

6.8 Whilst the service does not offer an out of hours service, emergency plans are in place for the reporting of incidents out of hours.

7. Scope of the service

7.1. Under the Health and Safety (Enforcing Authority) Regulations 1998, it specifies the types of work activities that are subject to health and safety inspection and enforcement by the Local Authority (as well as those enforced by the HSE). Local Authority enforced activities include shops, offices, catering premises, consumer services, warehousing, common parts, temporary provision of accommodation and leisure businesses.

7.2. All local authorities must undertake their health and safety functions in accordance with the LAC 67/2 Setting priorities and targeting interventions. This guidance is intended to reduce the burden on low risk premises and business that are performing well.

7.3. Proactive inspection should only be used for:

- Specific projects/programmes of inspections identified by HSE for LA attention- High risk premises/activities within specific Local Authority enforced sectors

published by HSE- Locally identified potential poor performers

7.4. The service has the option to determine the most appropriate intervention, based on their knowledge of the duty holder, and can include:

- Partnerships- Motivating senior managers- Supply chain- Design and supply- Intermediaries- Working with those at risk- Working with other regulators- Education and awareness- Encouraging compliance

- Recognising compliance- Inspection- Incident and ill-health investigation- Dealing with issues of concern and complaints- Other inteventions, e.g. test purchasing

8. Service delivery

a) Proactive Interventions

8.1. National Priorities for 2018-2019 include:

- Falls from height – work on/adjacent to fragile roofs/materials- Health risks – occupational deafness/occupational lung disease (silicosis/asthma)- Duty to manage asbestos- Visitor attractions to prevent or control ill health arising from animal contact- Legionella from cooling towers- Fuel safety in commercial premises/hospitality – beverage gases, gas safety and

carbon monoxide poisoninf from solid fuel- Warehouse safety – manual handling, load safety and welfare provisions for

drivers- Workplace transport- LPG and buried pipework- Crowd management and injuries/fatalities to the public- Violence at work- Public access to large waste bins

8.2. Additionally the service will use locally obtained intelligence to determine local priorities. Local priorities for 2018-2019 include:

- Microblading/Micropigmentation/Skin Piercing- Tattooing

b) Reactive Interventions

8.3. The service will continue to monitor matters of evident concern or matters of potential major concern during advisory or other regulatory visits as well as complaints, lifting equipment and pressure system equipment reports and incidents to identify any matters that may present a potential significant local issue.

8.4. Owing to the potential public health implications as well as local intelligence, targets have been assigned for the completion of interventions for 100% of:

- Premises with cooling towers - Premises with animal contact/handling

c) Enforcement Policy

8.5. During the course of delivering the health and safety service, officers may need to resort to formal action in some circumstances. The Commercial Team adopt the principles laid down in the Enforcement Concordat, which states that enforcement must be fair, consistent and equitable.

8.6. Enforcement Policies outline the enforcement options available for dealing with problems relating to non-compliance with the legislation

8.7. MVDC’s enforcement policy is available on the public website via the following link: http://www.molevalley.gov.uk/media/pdf/n/5/Microsoft_Word_-_Enforcement_Policy_Approved_290508.pdf

8.8. TDC’s Corporate Enforcement policy is available on request and is stored on the Council’s intranet.

8.9. Details of formal action taken in 2017-2018 are set out in the following table:

Type of formal action MVDC Number TDC NumberImprovement Notice 0 0Prohibition Notice 0 0Simple Caution 0 0Prosecution 0 0

d) Health and Safety complaints

8.10. The investigation of customer’s complaints regarding health and safety in the workplace is an important area of work for the team. The service has a response target of 3 working days for such complaints. In 2017-2018 the shared service dealt with a number of complaints/requests for service, which have been highlighted in the table below.

Complaints/Requests for Service MVDC TDC Total (all) 225 81% responded to within target of 3 working days 93% 88%Health and Safety Related 49 16% responded to within target of 3 working days 83.7% 100%

8.11. A risk based approach will be adopted in selecting complaints to investigate further, which is based on the risk presented, in accordance with the HSE LAC 67/2.

e) RIDDOR Reported Incidents

8.12. Employers are under a legal duty to report certain types of accidents, incidents and dangerous occurrences or occupational ill-health; and if members of the public have been taken to hospital. The table below highlights the total number of RIDDOR report incident received by this service in 2017-2018.

RIDDOR Reported Incidents MVDC TDC Total 43 33

8.13. The HSE acknowledges that it is not possible to investigate all incidents and a systematic approach should be adopted to ensure higher risk related incidents receive appropriate interventions. As such, incidents will be selected using the HSE’s LAC 22/13 Incident Selection Criteria Guidance.

f) Primary Authority Principle

8.14. Businesses can form a ‘Primary Authority’ statutory partnership with a local authority to assist with consistent enforcement. The guidance and advice the local authority provides must be taken into consideration by officers carrying out inspections and dealing with instances of non-compliance. Other local authorities are required to formally liaise with the Primary Authority on any policy or enforcement issue before taking action. The

Primary Authority can recover all costs from the business with regard to officer time allocated to partnership work and development.

8.15. The shared service fully endorses the Primary Authority principle, working directly with BSTS on confirmed partnerships with the following businesses:

- Ann Summers Ltd- Care Management Group Ltd- Coca-Cola European Partners Great Britain Ltd- Dairy Crest Ltd- Esso Petroleum Company Ltd- Gift Universe Group Ltd- Innocent Ltd - Lactalis Nestle Chilled Dairy Company Limited- Lovering Foods Ltd- MRH Retail Group- Nature's Finest Food Products Ltd- Park Garage Group Plc- Shell UK Oil Products Ltd- The A2 Milk Company Ltd- Unilever UK Limited- Winterbotham, Darby & Co. Ltd- Everyone Active

g) Advice to business

8.16. In recognition for the need to stimulate economic growth, the service provides free advice and information on health and safety matters and methods of compliance to local authority enforced businesses on request. However, this will be discretionary depending on the demands of the service.

8.17. During other regulaory visits, e.g. food hygiene inspections, health and safety advice is given where the need arises.

8.18. At present, the non-domestic rates list is monitored in TDC, and all newly registered businesses are sent an information letter. The service seeks to extend this to businesses operating in the MVDC area.

8.19. Additionally, the service utilises its public websites to offer guidance to service users, as can be found via the following links:

http://www.molevalley.gov.uk/index.cfm?articleid=16846https://www.tandridge.gov.uk/Business-and-licensing/Health-and-safety-at-work

h) Liaison with others

8.20. The service will liaise with other teams, such as Licensing, Building Control and Planning, to share information to target risks and devise local priorities.

8.21. Additionally the service with commit to the regular attendance and contribution to the Surrey Health and Safety Liaison Group.

8.22. The service will act on and share information with other partners such as the Police, Fire Authority, local community groups (including Safety Advisory Groups), Public Health

England and County Council to identify new emerging risks and determine local priorities.

8.23. The service follows the Work Related Death Investigation Protocol in partnership with Surrey Police and the Coroner’s Office.

9. Resources

a) Financial

9.1. A budget for the delivery of Environmental Health & Licensing services for 2018-2019 has been agreed by both Tandridge District Council and Mole Valley District Council.

b) Staffing resource

9.2. The number of full time equivalent (FTE) officers deployed in the provision of the health and safety function for the service is 1.5 FTE (working approximately 33% of their time on health and safety). In total 5 officers support the provision of the health and safety function, as detailed in the table below.

Officer Post FTETeam Leader 1Senior Environmental Health Officer 1Senior Environmental Health Officer 1Environmental Health Officer 0.95Environmental Health Officer 0.33

10. Officer development

10.1. All Officers involved in the provision of the health and safety service hold the necessary qualifications as outlined in the Guidance on the appointment of Local Authority Inspectors to enforce the Health and Safety at Work etc. Act 1974 (LAC 22/8).

10.2. The service follow’s MVDC’s Performance and Development Review, committing to a yearly review and a half yearly review. Strong focus is placed on the development needs of the Officers.

10.3. As well as this, all Officers involved in the provision of the health and safety service are required to complete and keep up to date their Competency Framework (as required by the Chartered Institute for Environmental Health, for which everyone is currently a member). This is used to support their development.

10.4. Ongoing monitoring and management of the Officers development is carried out through monthly 1-1’s and peer reviews.

10.5. The service makes full use of the skills within the Commercial team and uses these skills to develop others within the team. Additionally regular team meetings and email communications are sent to provide updates to the team. Shadowed working is encouraged as well as the provision of internal and external training.

11. Quality assessment and performance management

11.1. Procedures are in place to scrutinise all the work carried out by the Commercial team. Documented procedures have been produced and data entry checks are carried out. We

monitor officer consistency through participation in local initiatives as recommended in the Surrey Health and Safety Liaison Group.

11.2. The service welcomes customer feedback.

11.3. The service further monitors performance against targets via internal Key Performance Indicators (KPIs), as detailed below:

- Quarterly

% of service requests actioned within 5 working days

11.4. These are communicated to the Partnership Management Board.

11.5. Staff performance is reviewed, monitored and managed through the performance and development review system and monthly 1-1’s.

11.6. All such monitoring and performance information is fed back into the development of future service plans.

12. Review

12.1. This service plan and the Commercial team’s work plan will be reviewed on a monthly basis through regular 1-1’s, team meetings and the extraction of statistics from the database, as well as through the provision of KPI’s. Any problems will be promptly identified and resolved.

12.2. A final review will be carried out in April 2019, to coincide with the production of the next financial year’s service plan.

12.3. Details of the team’s performance against the targets set in the Commercial team’s 2017-2018 service plan/work plan can be found at Appendix B.

12.4. To support the HSE in the monitoring of standards in businesses for which health and safety is enforced by the Local Authority, and enforcement activities carried out, the service provides an annual report via the HSE’s online survey – Annual LAE1 Return.

12.5. In addition, the service will participate in the inter authority peer review process, as arranged through the Health and Safety Liaison Group, as a means of supporting each other in the implementing and complying with, and providing assurance that they have complied with the Code.

13. Financial / Risk Implications

13.1. Local Authority regulators are competent professionals granted powers and duties to deliver proportionate and targeted enforcement. Regulatory resources must be used consistently and to its best effect. As such the service will continue to use the full range of regulatory interventions available to influence behaviours and the management of risk, whilst striving to reduce regulatory burden on businesses.

13.2. Regular montioring of the work undertaken by Officers of the team will aid in the delivery of the service plan as well as ensuring the service users are afforded a satisfactory experience when liaising with the service.

13.3. A budget for the delivery of Environmental Health & Licensing services for 2018-2019 has been agreed by both Tandridge District Council and Mole Valley District Council, which will cover the resources required to deliver the service plan.

14. Legal Implications

14.1. Section 18 of the Health and Safety at Work etc. Act 1974 places a duty on the Local Authority to make adequate arrangements for health and safety enforcement in premises for which they are the enforcing authority and to perform the duties imposed on them by the HSE:

- The National Local Authority Enforcement Code (which includes the requirement to produce a document health and safety service plan)

- LAC 67/2 Setting priorities and targeting interventions

15. Equality Impacts

15.1. Consideration of impacts under the Public Sector Equality Duty are as follows:

Questions AnswerDo the proposals within this report have the potential to disadvantage or discriminate against different groups on the community?

No All interventions with businesses and members of the community are carried out with regard to the local authority’s commitment to equality of opportunity for local people as stated in the Equal Opportunities Policy.

What steps can be taken to mitigate any potential negative impact referred to above?

N/A

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APPENDIX ‘A’ APPENDIX ‘A’To Agenda item 9 To Agenda item 9

Health and Safety Work Plan 2018-2019

Objective Service Action BRO Priority MVDC Priority TDC PriorityTo maintain and deliver a comprehensive Health and Safety Service Plan.

To adopt an annual Food Law Enforcement Plan, ensuring programmed interventions are risk based.

4 3 4

To develop an integrated approach across TDC and MVDC to maximise resources and to harmonises processes and procedures to ensure consistency in the delivery of regulation.

Utilise expertise across both offices to aid in the delivery of regulatory requirements and upskill officers within the service.

Review and combine policies and procedures to allow for greater flexibility and resilience across the two offices.

1 and 4 4 2

To seek to ensure all local businesses enforced by the Local Authority are operating as safely as practicable and are seeking to comply with all relevant legislation.

Undertake a risk-based and targeted health and safety programme relevant to local businesses in line with HSE guidance, the Code and local intelligence.

1 2 and 3 2 and 4

To investigate complaints about health and safety in the workplace associated with premises within the districts, which are enforced by the Local Authority.

Respond in accordance with corporate timescales (within 3 working days) and national guidance. 4 1 3

To review and where appropriate, investigate all reported incident, diseases and dangerous occurences under RIDDOR.

Undertake a risk-based and targeted selection criteria based on HSE guidance.

4 1 3To respond to all official notifications received regarding specified equipment, such as lifting equipment and pressure systems.

Respond in accordance with agreed response times and act in accordance with national guidance. 4 1 3

To ensure the databases are kept up to date and maintained.

Make regular contact with other departments and enforcing authorities to determine new operations/changes in business operations. 1 2 4

13

Ensure the database is updated following any identified changes.

Primary Authority – Promotion of Easy 123 programme and ongoing support for development of PAP’s in place.

Participate in current Primary Authorities on a reactive only basis, in accordance with primary authority agreements between Bucks and Surrey Trading Standards, MVDC and the relevant businesses.

Ensure scheme does not impact the satisfactory completion of statutory duties of the service, including responding to reactive work such as service requests, and planned interventions such as inspections. Provide sufficient resourcing as is necessary to fulfill the service’s duties.

1 and 4 2 4

To assist new businesses in meeting their legal obligations for health and safety requirements.

To extend the review of the NDR to the MVDC office, with a view to supplying an information letter to all newly registered businesses. 1 2 4

To assess the risk of carbon monoxide poisoning in commercial catering premises using solid fuel cooking equipment in accordance with the HSE’S National Priorities.

Collate a list of associated premises and check controls when conducting routine food hygiene inspections. 1 and 4 2 4

Warehouse safety project – in accordance with HSE’s National Priorities to cover topics such as workplace transport, manual handling and welfare – target a proportion of associated premises for assessment (stage 2 of initial works involving a self assessment questionnaire).

Office based study on businesses affected in the districts. Supply relevant guidance to businesses. Sample selection of premises to visit and check compliance and enforce as necessary.

1 and 4 2 4

To continue to use the RD/HSE Regulators Development Needs Analysis (RDNA) tool system to identify individual training and development requirements.

All authorised health and safety officers to complete the RDNA for 2018/2019. 1 2 1

Drinking gas cylinder safety project – in accordance with HSE’s Naional Priorities and Local Liaison Group intelligence.

As part of routine food hygiene inspections, to check drinking gas cylinder safety arrangements and follow up as required. 1 and 4 2 4

Special treatment – tattooing safety and skin piercing safety in registered premises, as identified as a local need through the Liaison Group.

MVDC – on adoption of byelaws – to reissue registrations, and seek all businesses requiring registration.

TDC and MVDC – a review of the current registration to check satisfactory compliance with health and safety requirements.

1 and 4 2 4

BRO National Priority1. Support economic growth, especially on small business, by ensuring a fair, responsible and competitive trading environment. 2. Protect the environment for future generations including tackling the threats and impacts of climate change. 3. Improve quality of life and wellbeing by ensuring clean and safe neighbourhoods. 4. Help people to live healthier lives by preventing ill health and harm and promoting public health. 5. Ensure a safe, healthy and sustainable food chain for the benefits of the consumer and the rural economy

MVDC Priorities 1. Community Wellbeing: to “Improve opportunities for all residents to live safe and healthy lives”.2. Prosperity: to “work with rural communities and businesses to build on their unique strengths and address their challenges, helping them

thrive and become more sustainable”3. Prosperity: to “adopt a pro-business outlook across the District…”4. Prosperity: to “look for innovative ways to minimise cost to taxpayers of Mole Valley District Council whilst protecting services.”

TDC Priorities1. Providing high quality, customer friendly services.2. Making efficient and effective use of resources.3. Supporting residents and protect the local environment.4. Working with local businesses to promote economic growth and employment.5. Working in partnership with other public services to deliver the best service possible.”

APPENDIX ‘B’ APPENDIX ‘B’To Agenda item 9 To Agenda item 9

Performance Objectives Review 2017-2018

Objective Outcome ReasonProactive intervention at premises with cooling towers/evaporative condensers

Complete. Risk based desk top assessment with follow up visit to take place by end of March 2019.

Proactive intervention at open Farms/ Animal Visitor Attractions Complete. Risk based visits focusing on animal handling risks and control measures.

High Volume Warehousing and Distribution and industrial retail/ whole sale premises:

- Fatalities/ injuries resulting from being struck by vehicles- Fatalities/ injuries resulting form falls from heights/ amputation and

crushing injuries.- Falls from height

Ongoing. Risk based desk top study and self assessment questionnaires carried out. Further work to be carried out as a project in 2018/2019.

Crowd control and Injuries/ fatalities to the public at large scale public gatherings

Ongoing. Carried out as part of Safety Advisory Group as and when event notifications received.

Carbon monoxide poisoning in commercial catering premises using solid fuel cooking equipment (as part of routine food hygiene inspections or appropriate intelligence/complaint)

Incomplete. 2018/2019 will see the service compiling a list of associated premises with a view to targeting intervention.

Violence at Work where there is vulnerable working conditions and intelligence indicates risk (Monitoring of intelligence)

Ongoing. Regular liaison with Licensing team.

The Surrey Health and Safety Liaison Group on intelligence and evidence from Public Health England will be visiting skin piercing establishments and practitioners that are registered with their LAs during 2017/2018 to ensure H&S and licensing compliance

Incomplete. Owing to other service priorities, this will be carried over to 2018/2019 to coincide with the adoption of the updated Byelaws in MVDC.

Inspect all category A high risk premises and high risk activities due for Updated. Categories are no longer used to risk rate premises,

inspection during the above period in accordance with LAC67/2. interventions are solely based on targeting resources in accordance with the HSE’s LAC 67/2.

Take a proactive approach through using the NDR system to identifying new businesses that are subject to local authority enforcement and provide advice and support through the initial provision of information so that they get it right first time and do not waste money.

Ongoing. NDR has been monitored in TDC and the service will seek to extend the process to MVDC.

To provide existing businesses due an intervention during the year and new businesses (for which we are the enforcing authority) with simple advice to ensure they are aware of what health and safety laws require and where to get help so that the business is not economically disadvantaged.

Ongoing. Information and advice supplied via the public websites, as well as during visits to premises where issues are identified. Additionally advice is given to service users on request.

Issue advice and Assured Advice to Primary Authority Partners on a cost recovery basis.

Ongoing. The service continues to support Primary Authority Partners.

Undertake appropriate interventions at all premises that are due an intervention during the period which are part of an agreed Primary Authority Partnership using any agreed /inspection plans.

Ongoing. Regard shall continue to be had for Primary Authority documents as located on the PA Register.

To utilise intelligence and information available from complaints, accident reports, adverse insurance reports, previous risk rating or compliance history, including using information from other enforcement agencies to identify poor performers subject to Local Authority enforcement and select the most appropriate intervention.

Ongoing. The service bases its decisions on HSE guidance such as LAC 67/2 and LAC 22/13.

Undertake project work on the following topics which are of local importance:

- Inspect or undertake appropriate other interventions at visitor attractions to prevent or control ill health from animal contact, including working with other enforcement agencies;

- Event safety for events were MVDC and TDC are the enforcing authority; including SAGs and inspections

- Complete proactive inspections on businesses recognised as being within the scope of the national code guidance on or HSE priorities such as timber merchants, etc.

Incomplete. Owing to other service priorities, project work was delayed until 2018/2019.

- Raise awareness of unsafe solid fuel cooking installations that can give rise to carbon monoxide poisoning in poorly ventilated workspaces.

- Proactive visits to skin piercing activities to give guidance and ensure compliance with the relevant bye-laws

To respond to all of the notifications of accidents, incidents or health and safety complaints received by the Council within seven days.

Complete. The service operates to a 3 day response rate on all service requests.

To implement the requirements of a new guidance on the National Enforcement Code for Local Authorities issued during the period, as resources permit.

Ongoing. Service has in place a continous review of its activities through its policies and procedures, with a view to updating them to harmonise across both districts and bring them in line with national guidance.

To continue to use the RD/HSE Regulators Development Needs Analysis (RDNA) tool system to identify individual training and development requirements.

Incomplete. Officers shall complete the RDNA for 2018/2019, however it is intended that this shall be replaced and training an development needs will be monitored through regular one to one’s, project work and performance development reviews.

To use the Guidance for Regulators Information Point (GRIP to help meet individual development needs).

Updated. RDNA shall be used in 2018/2019 however other performance measures will be utilised, which are already in place.

To provide web based advice on where to get advice and assistance to local businesses in support of the local economy and the prevention of work related injury and ill health.

Complete. A review of the website is scheduled for the whole service for 2018/2019.

To take enforcement actions consistent with our revised corporate enforcement policy, the HSE enforcement policy statement and Enforcement Management Model (EMM) as appropriate.

Ongoing. EMM is used to determine appropriate enforcement action where non-compliance is identified, which requires action.

To contribute health and safety articles as appropriate to the MVDC and TDC business newsletters.

Updated. Other service areas have taken priority. In light of the need to be cost effective and commercially focussed, online advice tools will be utilised.

To support the MVDC and TDC Safety Advisory Group (SAG). Ongoing. Lead officers assigned to monitor and (attend as required) SAG events on a risk basis/intelligence basis.

To advise organisers of local events for which TDC would be the enforcing authority on safety matters.

Ongoing. Free advice is given as requested and where priorities allow.