Council Housing Health and Safety Policy

Contents of Health and Safety Policy - Part 2

• Mandatory Occurrence Reporting
• Lone Working
• Slips, Trips and Falls
• Void Properties
• Work at Height
• Flammable Liquids and Explosive Atmospheres
• Pesticides
• Biological Hazards
• Major Incidents
• Relevant legislation
• Equality, diversity, inclusion, and vulnerability (including most at risk groups)

Mandatory Occurrence Reporting

12.1. This section of the Health and Safety Policy has been developed to outline the process for Mandatory Occurrence Reporting, in line with the Building Safety Act 2022 (BSA).

12.2. The BSA requires the Principle Accountable Person (PAP) to establish a mandatory Occurrence reporting system (MOR) to report building safety risks on higher-risk buildings (HRB), to the Regulator. A ‘mandatory occurrence reporting system’ is a means of giving information to the Accountable Person and the Building Safety Regulator (BSR).

12.3. The Building Safety Act 2022 Section 62(1) defines a ‘building safety risk’ as a risk to the safety of people in or about a building arising from any of the following occurring as regards the building:

1. the spread of fire
2. structural failure
3. any other prescribed matter.

12.4. The Higher-Risk Buildings (Management of Safety Risks etc.) (England) Regulations 2023 defines a ‘Safety occurrence’ as an incident or situation relating to the structural integrity of, or spread of fire in, a higher-risk building that meets the risk condition.

12.5. The ‘risk condition’ is met if a part of a building in use would be likely to present a risk of a significant number of deaths, or serious injury, to a significant number of people due to an incident or situation not being remedied.

12.6. The safety occurrence must have taken place in the part of the building for which the Accountable Person (AP) is responsible.

12.7. Some examples that could meet the criteria of what to report to BSR when the building is occupied by residents, include:

• the spread of fire or something that could lead to the spread of fire
• total or partial collapse of the building
• defective building work unexpected failure or the degradation of construction materials
• the discovery of structural defects
• •failure of a critical fire safety measure, such as an automatic opening vent, smoke extraction or fire doors

12.8. Some examples that could meet the criteria of what to report to BSR during the construction of a new building by the Principal Designer (PD) and Principal Contractor (PC), include:

• defective building work, including defective competent person scheme work which is part of the wider building work
• fire safety issues likely to result in the spread of fire
• the use of non-compliant products or incompatible compliant products in the construction of the building
• inappropriate or incorrect installation of construction products
• product failure against specification and claimed performance
• faults in the design plans, caused by either design software or human error

12.9. A single reporting system is required for each Higher-Risk Building (HRB) operated by the Principal Accountable Person in accordance with s.90 of the Building Safety Act 2022.

12.10. Failure to report a building safety risk, without a reasonable excuse, is a contravention to subsection (1) of the BSA and deemed an offence which is liable on summary conviction to a fine.

12.11. The notice must be given to the Regulator as soon as is reasonably practicable under s.85(3) of the BSA. A full report must be provided to the Regulator within 10 days of it coming to the Accountable Person's attention, beginning with the day it came to the AP's attention, in accordance with reg. 27 of the Higher-Risk Buildings (Management of Safety Risks etc.) (England) Regulations 2023.

12.12. The Resident Involvement Strategy must be reviewed by the Principal Accountable Person (PAP), within a 30-day period after a MOR in relation to the building is submitted to the Regulator, under Section 87 of the BSA.

12.13. All Safety Occurrences will need to be included in the building safety case.

12.14. The AP will be responsible for ensuring the safety occurrence is recorded.

12.15. The AP will be responsible for reporting safety occurrences to the Regulator as soon as is reasonably practicable.

12.16. The AP must carry out a full report ensuring the report is recorded and issued to the BSR within 10 days of the occurrence coming to the attention of the AP.

12.17. The AP will be responsible for ensuring corrective actions are established, carried out and recorded.

12.18. The AP will be responsible for any further liaison with the Regulator on the MOR matter.

12.19. The HRA Assets Lead should be notified in writing, who will then escalate to the Director of Housing of the building that the Occurrence has been raised.

12.20. The HRA Assets Lead should inform the Director of Housing that the MOR notice has been submitted to the BSR, and should record the Mandatory Occurrence Reference Number provided by the BSR on the Council’s Housing Management Service database.

12.21. The HRA Assets Lead and the Director of Housing should investigate the MOR notice and ensure the MOR report is submitted within 10 days.

12.22. The investigation should include the production and submission of a detailed report identifying the cause, effect and what has been done to remediate/eliminate any risk including interim measures. This report together with the MOR notice and report is included into the Golden Thread of information for the building. In addition, the Council must take interim measures to ensure the safety of residents and staff while recommendations to address systemic issues are being considered.

12.23. All MOR Reports submitted must be provided to the BSR as part of any Building Assessment Certificate (BAC) application and must include a list of incidents reported to the BSR since the last Building Assessment Certificate assessment. This must include a brief description of the incident/s, the incident date and any reference numbers provided by the BSR for the reports.

12.24. The Council will follow the same process if a resident makes a complaint that meets the criteria of what to report to the BSR

12.25. All outcomes of an MOR will be communicated to the wider Property Services and HRA team and other relevant stakeholders to ensure learning is circulated to the wider organisation.

Lone Working

13.1. The HSE have issued guidance documents which provide standards of workplace safety to be achieved such as the Management of Health and Safety at Work Regulations (1999) which requires a suitable and sufficient assessment of risks arising from work activities, including reasonably foreseeable violence, to be undertaken.

13.2. This policy covers risks to staff health resulting from acts of violence or aggression whilst undertaking duties for the Council, or from risks incurred through lone working. It encompasses contractors or agency staff working on behalf of the Council as well as Council members of staff.

13.3 . The Health and Safety Executive defines lone workers as “those individuals who work by themselves without close or direct supervision”. This applies to workers in a number of situations including those who work alone at a site, premises or in restricted areas, workers who are mobile and often work away from their usual workplace, home-workers and those working outside normal hours. It can also apply to specific circumstances such as being first in to, or last to leave an office.

13.4. The Council is committed to minimising risks through pro-active risk assessment, the provision of lone working guidelines and codes of safe working practice.

13.5. The Council will not tolerate any aggressive act, physical contact or verbal abuse at the workplace.

13.6. The Council will ensure that lone workers have effective means of communication (e.g., mobile phones, lone worker alarms, check-in systems) and that procedures are in place to respond if a lone worker fails to check in or raises an alarm.

13.7. Risk assessments for lone working will consider the environment (isolated locations, high-crime areas); the nature of the task (working at height, confined spaces, electrical work); the capability of the individual (experience, training, health conditions); and arrangements for monitoring and emergency response.

Slips, Trips and Falls

14.1. The Health and Safety Executive (HSE) have issued guidance documents which provide standards of workplace safety to be achieved such as the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992.

14.2. The Management of Health and Safety at Work Regulations 1999 requirements include duties on employers to assess risks (including slip and trip risks) and where necessary take action to safeguard health and safety.

14.3. The Council will ensure that appropriate floor finishes are provided and maintained.

14.4. The Council will ensure that an appropriate cleaning regime is maintained, including dealing effectively with spillages.

14.5. The Council will ensure good housekeeping is maintained and the walkways are not obstructed.

Void Properties

15.1. The Occupiers' Liability Acts 1957 and 1984 impose duties on landlords to ensure premises are reasonably safe for lawful visitors (1957 Act) and trespassers (1984 Act). Under the Occupiers' Liability Act 1957, s.2, an occupier owes a common duty of care to all lawful visitors to ensure that they will be reasonably safe in using the premises. Under the Occupiers' Liability Act 1984, s.1, a duty of care is owed to trespassers in respect of injury suffered on the premises if the occupier is aware of the danger or has reasonable grounds to believe it exists, knows or has reasonable grounds to believe that others may come into the vicinity of the danger, and the risk is one against which the occupier may reasonably be expected to offer some protection.

15.2. It is required that where a lease or tenancy agreement has expired or has been revoked the Council have the same legal responsibilities in respect of unoccupied areas of any property as for the common parts of occupied premises. Unoccupied properties or units are likely to attract the attention of vandals, intruders, squatters and arsonists. A risk assessment will be undertaken to manage and reduce risks in unoccupied.

15.3. In all cases the asbestos register will be checked and if there is no record of an asbestos survey for the property one will be carried out prior to any refurbishment or re-letting, in accordance with the Control of Asbestos Regulations 2012, reg. 4 (duty to manage asbestos in non-domestic premises)

15.4. The following actions will be considered based on the type of property, its location and whether it is likely to be a short or long term void.

• Gas supply to be turned off at the main.
• Water supply to be turned off at the main and the water installation fully drained down.
• Electricity supply to be turned off at the main. If it is necessary for essential circuits to be left on for intruder/fire alarm systems etc. or lighting for periodic security visits etc., it must be ensured that the wiring to those parts is in a safe and satisfactory condition. Non-essential circuits isolated, either by turning off at the main switch or by removal of fuses, (unless required by contractor to carry out essential works).
• All letterboxes sealed to prevent insertion of flammable material.
• All combustible contents, especially waste, should be removed from inside and adjacent to the premises.
• The premises must be made secure. At the very least we would expect:
• good quality locks and bolts on all doors;
• Where a property is likely to a be long term void or where a risk assessment identified an elevated risk, glazed areas, if accessible, i.e. ground and basement windows and upper floor windows if accessible from flat roofs etc. and glass in doors, should be boarded over using suitable material;
• where intruder alarms exist, these will be used if possible;
• where provided perimeter site security, i.e. fencing and gates, will be maintained in good condition.
• Gardens to be kept well-trimmed/maintained (gives appearance property is occupied).
• The Council will ensure that void premises will be visited as defined by a risk assessment and a thorough inspection carried out internally (although it is appreciated that access to leased premises may not be possible) and externally. The frequency of visits may need to be increased, depending on the nature of the premises, its location and loss history. A log detailing times and dates of visits will be maintained.
• A record of all void property inspections must be maintained, including date, time, inspector name, condition found, and any actions taken. These records form part of the Council's evidence of compliance with its Occupiers' Liability Act duties
• As part of the termination of contract of letting procedure gather relevant health and safety information from tenants prior to the vacation of any property/part of property.

Work at Height

16.1. The Council must adhere to the Work at Height Regulations 2005.

16.2. A place is ‘at height’ if a person could be injured falling from it, even if it is at or below ground level.

16.3. The Regulations apply to all work at height where there is a risk of a fall liable to cause personal injury. They place duties on employers, the self-employed, and any person that controls the work of others (for example facilities managers or building owners who may contract others to work at height).

16.4. The Regulations include schedules giving requirements for existing places of work and means of access for work at height, collective fall prevention (platforms), collective fall arrest (mitigation.), personal fall protection and ladders.

16.5. Work at height should be avoided where possible. Where work at height cannot be avoided, the Council must apply the hierarchy of measures in reg. 6 of the Work at Height Regulations 2005: (a) prevent falls through physical precautions (guardrails, working platforms); (b) where prevention is not possible, minimise distance and consequences of falls (fall arrest equipment, nets, airbags); (c) provide instruction and training.

16.6. The Council will ensure:

• That all work at height must be planned and organised, this may involve using a specialist contractor or the issue of a permit to work.
• The Council will require persons involved in work at height are trained and competent to the extent required by the type and complexity of work, in accordance with reg. 5 of the Work at Height Regulations 2005 (competence)
• The Council will require that where work at height is undertaken suitable and sufficient risk assessments have been undertaken and recommended control measures such as fall arrest systems which minimise the distance a person could fall and the consequences of a fall are used, ensuring collective protection measures (guardrails, working platforms) take priority over personal protection measures (harnesses) in accordance with Schedule 3 of the Work at Height Regulations 2005
• The Council will advise the contractor of any site specific risks e.g. where edge protection is not fitted the contractor will be advised and it will be the responsibility of the contractor to ensure that appropriate safe access arrangements are in place and enforced prior to any roof work being undertaken.
• The Council will ensure that all fixed ladders are of sound construction and securely fixed. Where the ladder is higher than two and a half metres must be provided with suitable safety hoops or fixed fall arrest systems as recommended by the Workplace (Health, Safety and Welfare) Regulations and in accordance with Schedule 5, para. 7 of the Work at Height Regulations 2005
• The Council will require that all ladders are securely stored in a way that will prevent use by unauthorised persons such as tenants and contractors.
• The Council will ensure that all ladders are inspected prior to every use by the user and must be subject to formal inspection by a competent person on a 6 monthly basis and a ladder log maintained. The ladders must be marked to indicate the date of the last inspection, in accordance with reg. 12 of the Work at Height Regulations 2005 (inspection of work equipment)
• The Council will ensure that all ladders are inspected prior to every use and must be subject to formal inspection on a 6 monthly basis and a ladder log maintained. The ladders marked to indicate the date of the last inspection.
• The Council will maintain all ladders used on site must be kept in good condition. Defective ladders must be immediately and correctly disposed of.
• Roof access doors and hatches must be kept locked with appropriate warning signage applied to discourage unauthorised access and where applicable, physical barriers or edge protection must be installed in accordance with reg. 6 and Schedule 2 of the Work at Height Regulations 2005
• The Council will ensure that the risks from fragile surfaces (e.g., asbestos cement roofs, glass roof lights, liner panels) are properly controlled through platforms, coverings, fall arrest equipment, or other suitable means, and appropriate warning signage applied to fragile roof areas in accordance with reg. 9 and Schedule 4 of the Work at Height Regulations 2005

Flammable Liquids and Explosive Atmospheres

17.1. The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) (SI 2002/2776) require employers to assess the risks from dangerous substances and implement control measures. Managers will ensure that:

• Flammable liquids must only be stored in an approved metal or plastic container. This must be kept secure in stores or vehicles when not in use.
• No smoking is permitted within 20m of fuel or flammable liquid.
• The storage of flammable liquids must be secure, adequately ventilated and clearly signed. All storage areas are subject to an annual Risk Assessment review.
• Controls are in place to reduce the effects of any incidents involving dangerous substances in accordance with reg. 6 of DSEAR 2002 (risk assessment) and reg. 7 (elimination or reduction of risks from dangerous substances)
• Plans are prepared and procedures to deal with accidents, incidents and emergencies involving dangerous substances.
• Employees are properly informed about and trained to control or deal with the risks from the dangerous substances.
• Employees wear all necessary Personal Protective Equipment (PPE) as defined in the Risk Assessment  before commencing any works.

Pesticides

18.1. Managers and Supervisors will ensure that:

• Any employee supervising, mixing, applying pesticides or disposing of pesticide containers must hold the relevant professional competence certificate recognised under the Plant Protection Products (Sustainable Use) Regulations 2012 (formerly NPTC competence certificate
• The storage of pesticides must be secure, adequately ventilated and clearly signed. All storage areas are subject to an annual Risk Assessment review.
• The storage of pesticides does not exceed the threshold limit of 200kg, after which a Storekeeper’s Certificate is a requirement.
• All pesticides must be used by authorised employees as directed by the manufacturer, supplier and container label
• Employees to wear all necessary Personal Protective Equipment (PPE) as defined in the Risk Assessment before commencing any works.

Biological Hazards

19.1. Biological Hazards, also known as biohazards, refer to biological substances that pose a threat to the health of living organisms, primarily that of humans. This can include human and medical waste or samples of a microorganism, virus or toxin that can affect human health.

19.2. There are a number of naturally occurring biohazards, which can cause serious problems to health should they be inhaled, ingested or inhaled. Examples include: plant saps (hogweed, staghorn Sumac), fungal spores, blue green algae, animal faeces, leptospirosis (weils disease), legionella.

19.3. There are a number of other biohazards, which can cause serious problems to health should they be, ingested or enter the body directly via an skin abrasion, cut or hypodermic needle. Examples include: HIV, hepatitis B, hepatitis C.

19.4. Managers and Supervisors will ensure that:

• Biohazards are considered whilst undertaking Risk Assessments (including void cleaning and fly tipped waste) and suitable precautions including specialist personal protective equipment (PPE) is used as a control measure to protect employees against all the biohazards identified in accordance with the Control of Substances Hazardous to Health Regulations 2002 (COSHH), which applies to biological agents including bacteria, viruses, fungi, and parasites
•  Employees are aware that they are not to move or handle hypodermic syringes / sharps, condoms, disposable nappies or other potentially contaminated biohazards. These must be treated as clinical waste and specialist contractors engaged for safe removal.
• The area where the biohazards have been found is quarantined and reported to line management.
• Line Management can only authorise clean-up work where biohazards are present if the employees are suitably equipped and trained to do so.
• Attention must be paid by employees to prevent biohazards being transferred via clothing or tools to employee’s homes, vehicles or other premises.
• Waters systems are assessed, maintained and monitored to reduce the risks from legionella bacteria in accordance with the Health and Safety Executive's Approved Code of Practice L8 'Legionella bacteria: The control of legionella bacteria in water systems' and the Council's Legionella Risk Management Policy

Major Incidents

20.1. In response to a major incident a Major Incident Management Plan is required to ensure the Council has an agreed framework in place to respond to circumstances.

20.2. Without an agreed framework, the response to any major incident could be disjointed, unfocused, slow or less effective than needed. The plan is to be used in a range of different situations. It is not intended to replace emergency plans for protecting the health and safety of people, for example a fire evacuation plan.

20.3. The plan is designed to complement the other emergency procedures the organisation has by ensuring there is an agreed framework to respond to incidents once any immediate danger to health and safety has passed.

20.4. It is the role of the Chief Executive, or their deputy, to ensure that the organisation responds appropriately to any major incident.

20.5. Any member of staff who becomes aware of a major incident, or a situation which has the potential to be a major incident should inform a member of the Corporate Leadership Team immediately.

20.6. Although the plan is designed to be applied in all situations it is not possible to anticipate all the potential crises or disruptions. Therefore, the plan will never cover every action needed for a response to be effective but gives an indication of potential responses.

20.7. It is not always necessary to call on the whole Incident Management Team to respond. The Incident Management Team is made up of core members of staff who are expected to be involved in most instances.

20.8. Other Directors or members of staff may be called on – for particular expertise, knowledge or for guidance – depending on the nature of the incident.

20.9. Representatives of third parties may also join the team, for example from our insurers if appropriate. It is important that the Team is confident it has the necessary skills and expertise to allow them to make effective decisions in responding to a major incident. At least one deputy should be agreed for each Team Member.

20.10. This is to:

• Provide cover if the Principal Team Member is unavailable (i.e. on holiday, sick leave etc.).
• Allow tasks to be delegated to an appropriate person if it is not necessary to have all senior managers involved.

20.11. Administrative support should be available and will be responsible for logging actions agreed by the team and recording key information as it is received. This helps ensure there is one record of what has happened, what has been agreed, any actions taken or outstanding.

20.12. Regardless of the makeup of the team established to respond to any incident, it will be responsible for the following:

• Gathering information relating to the incident and assessing the potential impact on the organisation
• Assessing the options available to respond to the incident
• Deciding on the most appropriate course of action
• Turning these decisions into a clear action plan and overseeing its implementation
• Reviewing options, decisions, and actions in light of new information as it emerges

20.13. The aim is to gather facts about what has happened:

• Are the emergency services (or any other third party) involved?
•  If a third party is managing the incident who is in charge and when can you get a briefing from them?
• Are there any known injuries or fatalities?
• Has the site been evacuated, or is it being evacuated?
• Has there been damage to property or the environment as a result of the incident? • How long is the incident likely to last?
• What critical functions and activities are likely to be affected?
• Are there any upcoming events or special circumstances that need to be factored into the decision-making process?

20.14. As the incident continues other actions should be considered:

• Decide if any specialist or operational knowledge should be brought in at this stage, for example specialist health and safety advisors, or external legal specialists
• Gather information from as many sources as necessary about what has happened,

20.15. Key areas to consider include:

20.16. The impact and potential impact on Team members and residents who may be involved in the incident

20.17. A Communications strategy for key stakeholders and statutory agencies such as the Health & Safety Executive and other interested parties such as ward councillors and MPs

20.18. The Council will review and test the Major Incident Management Plan annually through desktop exercises or simulations, and update the plan following any major incident or significant changes to the organisation's structure or operations.

20.19. The Major Incident Management Plan will be formally reviewed and approved by the Corporate Leadership Team and reported to Cabinet to ensure member-level awareness and governance oversight

Major Incident: Major community or residents health & safety incident This event response plan is to be used for an incident that has or could put at risk the health & safety of tenants or communities. For example, a gas explosion in a block of flats, or severe weather that impacts a community.

Event Response Actions to Consider:

• Contact Emergency Services incident commander or co-coordinator to be briefed on what has happened, and what others (emergency services and local authorities) are doing to respond
• If necessary, consider asking the Emergency Services if we should contribute to their incident response team
• Advise insurers and ask for formal advice on how to manage the response to the incident to reduce potential liabilities
• Consider requesting legal advice through insurer to advise on response to incident
• Co-operate with Health & Safety Executive and other agencies as required
• Assess likely impact of incident on tenants, staff team and ability to deliver critical activities
• If residents are made homeless by the incident liaise with the homelessness/housing needs team
• Inform CLT and the Cabinet of actions agreed
• Inform team members of actions agreed
• Consider arranging home visits to affected residents to assess needs and communicate the proposed next steps
• Consider needs of team involved in response. They may need counselling now or at some point in the future
• Assess workloads and priorities for team who are involved in the response and investigation

Relevant legislation

• Health and Safety at Work Act 1974
• Management of Health and Safety at Work Regulations 1999
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)

Equality, diversity, inclusion, and vulnerability (including most at risk groups)

21.1. An Equality Impact Assessment (EqIA) has been carried out to determine whether the policy would have an impact on any member of staff, tenants, or contractor workforce, which unfairly discriminates or disadvantages them in the context of the Equality Act 2010. The EqIA will be kept under review and updated if there are significant changes to the policy or evidence of differential impact on protected groups, in accordance with the Public Sector Equality Duty under s.149 of the Equality Act 2010.

21.2. Whilst the EqIA has identified that there are no particular groups who will be unlawfully disadvantaged by this policy, it is identified that there are certain groups at increased risk from health and safety incidents.

21.3. These groups are:

• children
• adults with learning difficulties
• oxygen users
• people taking certain medication
• those suffering the effects of drugs and alcohol
• adults aged 65 and older
• people with disabilities
• Individuals being supported by the Community Safety team and related support from other agencies

20.4. The Council will make reasonable adjustments to health and safety arrangements on request to accommodate employees, residents, or contractors with disabilities, in accordance with the Equality Act 2010, s.20. This may include: adapted PPE; alternative communication methods; additional training or supervision; modified work methods; accessible emergency procedures.

20.5. The Council will consult with residents, particularly vulnerable residents, where works or changes to health and safety arrangements may significantly affect their occupation or welfare, in accordance with the Regulator of Social Housing's Tenant Involvement and Empowerment Standard

20.6. This policy will be reviewed annually, or sooner if there are changes in legislation, HSE guidance, Regulator of Social Housing standards, or following a serious health and safety incident.