Health and Safety Performance Report

Report: 13
Date: 12 December 2011
By: Director of Resources on behalf of the Commissioner

Summary

This report provides an overview of Health & Safety Performance since the last report to the committee (10 October 2011).

A. Recommendation

That members note the contents of this report.

B. Supporting information

General health and safety performance update

Summary of Injuries Reported on the Metropolitan Police Accident and Incident Reporting System (MetAIR)

1. A comparison of injuries reported on MetAIR between October 2009 and September 2010, and between October 2010 and September 2011, is shown at Appendix 1a. In summary comparing these two reference periods indicates that the:

• total accident rate fell by 5.4%;
• major accident rate fell by 21.4%;
• over three day accident rate fell by 56.9%;
• injuries to police officers following assault rate increased by 0.2%;
• injuries to Police Community Support Officers (PCSOs) following assault rate decreased by 1.8%;
• slip, trip and fall accident rate fell by 12%;
• moving vehicle accident rate fell by 6%.

Total Injuries recorded

2. The period July to September 2011 shows an increase when compared to the corresponding period in 2010 (1,861 injuries in 2011 compared to 1,690 injuries in 2010).

Total injuries July 2011 to September 2011 1,861

• July 2011 494
• August 2011 894
• September 2011 473

The figures for July and September are significantly lower than for the corresponding months of 2010 (July 540 and September 568). The high number of accidents in August 2011 are affected by the London public disorder which reflects the reason for the rise in this reporting quarter. A comparison of injuries reported on MetAIR between October 2009 and September 2010, and between October 2010 and September 2011, after removing the injuries sustained during the London Public Disorder is shown at Appendix 1b. Overall despite this increase in August 2011 the accident rate is still in decline.

Major injuries

3. A summary of major injuries reported on MetAIR between October 2009 to September 2010 and October 2010 to September 2011 is shown at Appendix 2.

4. The period July to September 2011 shows a slight increase when compared to the corresponding period July to September 2010 (46 major accidents in 2011 compared to 45 major accidents in 2010).

Major accident total Jul 2011 to September 2011 46

• July 2011 19
• August 2011 16
• September 2011 11

5. Of the 46 major accidents recorded on MetAIR between July and September 2011:

• 19 were physically assaulted;
• 13 slipped tripped or fell (inc from height);
• 6 were classified as ‘another kind of accident’ (these are as a result of a wide variety of causation that do not fit the Health and Safety Executive reporting categories);
• 3 hit something fixed or stationary;
• 3 hit by a moving, flying or falling object;
• 2 injured while lifting, handling or carrying.

6. Despite the month on month decreases between July and September 2011, the overall trend continues to show slight increase when analysing the current 12 month data, however the figures for this period continue to be lower, on average, than the preceding 12 month period (October 2009 to September 2010). The Safety and Health Risk Management Team are monitoring this trend.

7. Training accidents accounted for 4% of the major injuries during this three month period. Both these accidents were sustained during officer safety training. This is a significant reduction of major injuries related to training when compared to the data of the MPS Training Accident Study which indicated the training accidents accounted for 19% of the major injuries over the period 1 January 2007 to 31 December 2008.

Over 3-day injuries

8. A summary of the over three day injuries reported on MetAIR between October 2009 to September 2010 and October 2010 to September 2011 is shown at Appendix 3.

9. The period July to September 2011 shows a decrease when compared to the corresponding period July to September 2010 (99 injuries in 2011 compared to 208 in 2010). This significant decrease reflects the change in the quality assurance process, undertaken by advisors from the MPS Safety and Health Risk Management Team, since the replacement MetAIR system was introduced under the Transforming Human Resources project in November 2010.

Over 3-day accident total July 2011 to September 2011 99

• July 2011 27
• August 2011 49
• September 2011 23

Of the 99 over three day injuries recorded:

• 28 were as a result of what is classed as “another kind of accident” (these are as a result of a wide variety of causation that do not fit the Health and Safety Executive reporting categories e.g. muscle injury as a result of chasing a suspect);
• 21 were as a result of slips, trips and falls;
• 20 were as a result of being hit by a moving vehicle;
• 16 were as a result of physical assaults.

The remaining 14 had a wide range of causations with no obvious trends.

Injury Following Physical Assaults on Police Officers and PCSOs

10. A summary of the injuries following assault reported on MetAIR between October 2009 to September 2010 and October 2010 to September 2011 is shown at Appendices 4 and 5.

11. There were 580 injuries following assaults recorded on MetAIR between July 2011 and September 2011, of which:

• 535 were to police officers;
• 45 were to PCSOs.

A monthly breakdown for July to September 2011 is shown in the tables below:

Injury to Police officers following assault total July 2011 to September 2011 535

• July 2011 150
• August 2011 241
• September 2011 144

Injury to PCSOs following assaults total July 2011 to September 2011 45

• July 2011 11
• August 2011 26
• September 2011 8

12. The total number of injuries following assault on police officers for July to September 2011 (535) shows an increase of 98 injuries when compared to the same three-month period in 2010 (437). The breakdown of the assaults on police officers for the reporting period July to September 2011 is as follows:

• 18 major injuries;
• 15 over 3-day injuries;
• 502 minor injuries.

The period July 2011 to September 2011 has driven the overall trend for the 12 month period from a decline to an incline. This can be directly attributed to the public disorder which occurred during August 2011. Despite this rise in August 2011 the rates have fallen in September to below the monthly average for the year.

13. The total number of injuries following assault on PCSOs for July to September 2011 (45) shows a reduction of 2 injuries compared to the same three-month period in 2010 (47). The breakdown of the assaults on PCSOs for the reporting period May to July 2011 is as follows:

• 1 major injury;
• 1 over 3-day injury;
• 43 minor injuries.

14. Despite this quarterly reduction in the number of accidents, there is a slight increase in the trend for the 12 month reporting period which has been directly affected by the spike in reports recorded during the public disorder incidents during August 2011.

Slips, trips and falls (including falls from height)

15. A summary of the injuries following slip, trip and falls reported on MetAIR between October 2009 - September 2010 and October 2010 - September 2011, is shown at Appendix 6.

16. The period July to September 2011 shows an increase when compared to the corresponding period July to September 2010 (250 injuries in 2011 compared to 232 injuries in 2010).

Slips, trips and falls total July 2011 – September 2011 250

• July 2011 57
• August 2011 106
• September 2011 87

17. Of the 250 slips, trips and falls:

• 12 were major injuries;
• 21 were over 3-day injuries;
• 217 were minor injuries.

18. The higher than normal number of accidents in August 2011 is partly attributed to the public disorder during the month. The number of trips, slips and falls decreased in September 2011 to a level that was just above the monthly average for the reporting last year.

Hit by a Moving Vehicle (including injury from Road Traffic Accidents (RTAs)

19. A summary of the injuries following staff being hit by moving vehicles (including RTA) reported on MetAIR between October 2009 to September 2010 and October 2010 to September 2011, is shown at Appendix 7.

20. The period July to September 2011 shows a slight increase when compared to the corresponding period July to September 2010 (135 injuries in 2011 compared to 125 injuries in 2010). The data for the comparative period (July to September 2010) was the second lowest quarterly figures on record.

21. The 27 accidents in July 2011 and 41 accidents in September 2011 are below the monthly average for the past 12 month (43). The higher than normal number of accidents in August 2011 is partly attributed to the public disorder during the month.

Hit by moving vehicle total July 2011 - September 2011 135

• July 2011 27
• August 2011 67
• September 2011 41

22. Of 135 injuries:

• 48 were as a result of RTA whilst traveling to and from work;
• the remaining 87 injuries were as a result of RTA during working hours.

Proposal for Extending Cost Recovery by the Health and Safety Executive

23. The policy of the Government and the Health and Safety Executive Board is to place a duty on Health and Safety Executive to recover costs where duty holders [1]/a> are found to be in material breach [2] of health and safety law. If the duty holder has breached health and safety law and a requirement to rectify the breach is formally made in writing (e.g. by way of improvement and prohibition notices, electronic mail or letter), the Health and Safety Executive would recover all of the costs of that intervention. This is known as fee for intervention. Compliant duty holders would pay nothing nor would duty holders in technical (non-material) breach [3]of the law.

24. This approach to cost recovery already applies to high risk industries such as top tier sites under the Control of Major Accident Hazards Regulations 1999 (as amended), offshore gas and oil installations, pipelines, etc. It is the intention to introduce the concept for all duty holders within Great Britain with effect from April 2012.

25. The Health and Safety Executive would not have discretion on whether to apply fee for intervention; they would have a legal duty to recover the cost of its intervention activity. Costs would be recovered from the start of the intervention during which the material breach was identified, up to and including the point where intervention in relation to that breach had been concluded.

26. Costs are anticipated to include the initial intervention, as well as any related follow up interventions (e.g. site visits, phone calls, etc), the provision of any specialist assistance needed, the costs of writing letters and reports, and the drafting and issuing of improvement or prohibition notices.

27. In England and Wales, if the Health and Safety Executive prosecutes a duty holder, cost recovery would stop at the point when such a course of action is formally announced.

28. The amount to be recovered from the duty holder will be calculated on the basis of the total time expended on that particular cost recoverable activity, multiplied by the cost recovery rate.

29. The current estimated hourly rate for fee for intervention is £133. This is an estimated average rate to cover all staff involved in the intervention.

30. The potential averaged costs for intervention have been estimated by the Health and Safety Executive as follows:

31. It is proposed that the Health and Safety Executive would look to invoice duty holders on a monthly basis, rather than collating all costs into one invoice when all work has been completed. Normal credit control action would be taken in the event of non-payment.

32. In any client/contractor relationship both parties are likely to owe duties under health and safety law but not necessarily to the same extent. During investigations etc, the Health and Safety Executive would look to identify the duty holders to whom fee for intervention applies, and would seek to recover costs from them where they are in material breach of health and safety law.

33. Section 43(4) of the Health and Safety at Work etc Act 1974 states that any fees payable under Health and Safety Regulations will not be payable by employees. As such, if employees are found to be in breach of health and safety law, Health and Safety Executive will not recover the costs of regulatory activity relating to their breach. However, the Health and Safety Executive will continue to take enforcement action including, where appropriate, prosecution.

334. The Health and Safety Executive will implement a robust queries and disputes resolution procedure, which would aim to resolve all queries or disputes promptly, fairly and in a transparent way.

Safety and Health Risk Management Team Exercise

33. The Safety and Health Risk Management Team exercised their on-call and occupational hygiene monitoring response process in September 2011. This involved staff responding to two chemical incident scenarios, setting up chemical monitoring equipment, advising on health & safety risks and the relevant control methods required. The learning from this exercise is currently being reviewed and will be captured in future operational training for the team.

St John Ambulance National First Aid Awards

34. The MPS First Aid Team has been selected as a finalist for the St John Ambulance National First Aid Awards in the category of Emergency Services Work Place Award. The MPS Senior Advisor First Aid (Sue Warner) has also been selected as a finalist for the National First Aid Champion Award for her contribution to furthering first aid training both within the MPS and externally with various national bodies. The winners will be announced on the 30 November 2011.

MPS Strategic Health and Safety Committee

35. The quarterly MPS Strategic Health and Safety Committee was held on the 12 September 2011. The following reports were received by the committee:

• Proposed amendments to the Corporate MPA/MPS Health and Safety Policy (these have now been forwarded to the Policy Co-ordination Office);
• Policy for safety representatives;
• Strategic Health and Safety Committee Terms of Reference;
• Report from the Strategic Health and Safety Committee Forum;
• Airwave Health Study update;
• Vehicle door cracking update report;
• Report from the Public Commercial Sector Trade Union regarding lack of refreshment breaks for Station PCSOs;
• Training delivery, training data reports;
• Core People Services sponsored health and safety training report;
• Strategic Health and Safety Committee objectives;
• Business Group updates on mandatory training and compliance with hazard warning note 07/11;
• Accident and near miss reports;
• Review of MPA/MPS annual assurance process;
• External independent audit report update;
• Safety and Health Risk Management Team, Property Services Compliance Team, Occupational Health and First Aid reports.

36. The next MPS Strategic Health and Safety Committee is scheduled for the 13 January 2012.

Safety and Health Risk Management Team Contact with the Health and Safety Executive, and the Independent Police Complaints Commission

37. The Safety and Health Risk Management Team are liaising with the Health and Safety Executive, and the Independent Police Complaints Commission regarding the following:

• The Strategic Manager met the Health and Safety Executive on 12 October 11 and discussed the following issues:
  • Facilities for a Federation Health and Safety Representative. Details of the MPS policy have been supplied and the standard reiterated at the MPS Strategic Health and Safety Committee on the 12 September 2011;
  • Hours worked by a member of police staff during Operation Kirkin.
  • Federation concerns regarding Operation Kirkin, status and performance of Emergency Life Support and Officer Safety Training;
  • Health and Safety Executive interview of MPS police officers as witnesses.
• Meeting with the Directorate of Professional Standards and the Independent Police Complaints Commission to review organisational learning in relation to a specific investigation.

Health and Safety Assurance Process

38. The MPS Strategic Health and Safety Committee on the 12 September 2011 reviewed the assurance process and revised standards were approved for this financial year. The 2011/12 assurance process has been enhanced to incorporate the following:

• Formal reference to the involvement in the assurance process of Association of Chief Police Officers, and police staff equivalents, at the Business Group level;
• An acknowledgement that (where appropriate) the implications of the Health and Safety Executive document ‘Striking the balance between operational and health and safety duties in the Police Service’ have been incorporated into the local planning process (including a review of operational risk assessment and local command structures);
• An acknowledgement that (where appropriate) the implications of the amendment to the Corporate Manslaughter and Corporate Homicide Act 2007, to include detained persons in police custody, have been incorporated into the local management protocols;
• An assurance that Business Groups, Departments and Operational Command Units have suitable and sufficient plans in place with regard to Olympic related activity being undertaken.

39. The following programme is proposed to meet this timeline:

• December 2011 - Operational Command Units and Heads of Departments are to review their compliance with the MPA/MPS Corporate Health and Safety Policy. Any local shortfalls in compliance or work-in-progress should also be identified, including appropriate action plans. To support this review, each Operational Command Unit or Department should ensure that its local health and safety committee meets to support this process. Unit Commanders and Heads of Department will be expected to submit their letter of assurance (via relevant Association of Chief Police Officers, and police staff equivalents, at the Business Group level) to their Assistant Commissioner/Business Group Director by the end of December 2011;
• January/February 2012 - the Safety and Health Risk Management Team (senior safety advisors) will verify the draft letters of assurance by dip sampling. This will, where appropriate, be supported by the Property Service Compliance Team. This will be achieved by a process of dip-sampling, as appropriate, to test the assurance given (the Safety and Health Risk Management Team do not have the resources to test each unit or department by comprehensive audit in order to give a 'percentage level' of compliance). This will be evidence-based sampling and therefore units/departments will be expected to have the evidence to support the assurance statements available for the activities for which assurance compliance has been given;
• March 2012 - the senior safety advisors will report their findings to the relevant Assistant Commissioner and Business Group Director;
• April 2012 - Business Groups will submit their letter of assurance to the Commissioner;
• June 2012 - the Commissioner will issue a letter of assurance to the MPA.

40. This process continues to provide key health and safety assurance to the Management Board, the Commissioner and, Mayors Office for Policing and Crime.

Airwave Health Monitoring Study - MPS Participation

41. The Airwave Health Monitoring study is investigating any possible long term health impacts associated with Airwave use amongst police officers and staff.

42. This national study is being sponsored and funded by the National Policing Improvement Agency co-ordinated by Imperial College London and has the full support of Police Federation, Trade Unions and the 30 participating police services. MPS participation was endorsed by the MPS Strategic Health and Safety Committee and Management Board has been fully briefed on the study.

43. The MPS enrolled on the study on 31st October 2011. /p>

44. All officers and staff may enrol for the study, which will provide a free health screen (including among other things blood tests and an electrocardiogram) and will continue over a number of years. The clinics will be positioned across London and in most cases screening will take no longer than 90 minutes, keeping any abstraction burden to a minimum. The screenings will commence for a short period between January and April 2012, before resuming in October after the Olympics. This study is open to both the users and non users of airwave radio.

45. The MPS will then periodically provide individual general sickness and airwave usage data to the study team. All participant data will be accessible only to the Airwave Health Monitoring Study core team which has been security checked by the National Police Improvement Agency. All information is stored on secure isolated servers at Imperial College. Neither the National Police Improvement Agency nor the MPS will be able to access the study data.

446. Benefits from participating include:

• Comprehensive, individual health screenings which may identify early indications of health problems not associated with Airwave use - there is no financial cost involved;
• Since the nationwide study began, of the 26,000 police participants, health screening has diagnosed: 181 cases of Diabetes; 15,534 cases of high cholesterol; 2,828 cases of high blood pressure; 181 cases of Anaemia and 1,232 abnormal Electrocardiograms. Health screening information remains confidential and is not shared with the MPS;
• Re-assurance to colleagues regarding any health issues surrounding the use of Airwave;
• A healthier workforce in the longer term and a potential for a reduction in sickness absence.

47. Police officers and staff may enrol for the study by completing an enrolment questionnaire. Information on the Study and how to take part, is listed on the Safety and Health Risk Management Team intranet site.

Fire Safety Warning Notice - Sony Bravia Televisions

48. The MPS have been made aware of a fire risk associated with Sony Bravia Televisions, which are the subject of a product safety warning.

49. The Safety and Health Risk Management Team has issued a Safety Warning Alert via the Strategic Health and Safety Committee.

50. All business groups have been instructed to check their respective areas and instructions given on the management of any faulty models. All Business Groups have been requested to report closure of this action by 21 November 2011.

Property Services Health and Safety performance update

Summary of building related accidents and incidents reported to Property Services

51. Between July 2011 and September 2011 there were seven reportable accidents (major and over three day accidents) and 46 minor property related accidents involving MPA/MPS staff reported on MetAIR.

52. Between July 2011 and September 2011 there were three reportable accidents and 22 minor reported accidents involving employees of Property Services’ contractors. In the same period Property Services’ contractors reported 25 near miss incidents. The number of near miss / hazardous situations reported is due to the contractors Changing Attitudes Towards Safety reporting system which encourages employees to report any unsafe acts which could have resulted in accidents if the situation had been left uncontrolled. The data is analysed for trends and to determine where further health and safety training/procedures are required.

53. Further work is ongoing to compare MPS property related accidents against national benchmarking standards. Early indications suggest that the MPS is significantly below the national trend for this accident category.

Fire Safety Warning Issued by London Fire Brigade - LEC & BEKO Fridge Freezers

54. London Fire Brigade has issued a warning to organisations (and householders) to check their LEC and BEKO fridge freezers, which are the subject of a product safety warning.

55. The Head of Compliance Property Services has issued a Safety Warning Alert via the Strategic Health and Safety Committee to all MPS estate premises including MPS residential premises/ tenants.

56. All business groups have checked their respective areas and removed any faulty models. This action was confirmed by reports from all Business Groups to the Strategic Health and Safety Committee on 12 September 2011. Property Services Facilities Management has removed 11 suspect appliances.

Senior Designated Officer and Nominated Officer Training Process

57. Property Services sponsored training provided by Turner Townsend (contracted trainer) continues and a further 26 courses have been arranged for the current FY, accommodating an additional 700 personnel to be trained as Senior Designated Officers and Nominated Officers.

Hendon - Major Accident to a Young Person

58. An incident occurred at Hendon that resulted in a contractors’ apprentice suffering a serious head injury which required an emergency operation to remove a blood clot from the brain. The incident occurred as a result of "horse play" whilst at the Hendon site. The Corporate board of the contractor have now completed a full investigation of the accident and formally reprimanded the staff concerned. The contractor has kept the MPS informed throughout the investigation and provided supporting evidence as requested by Property Services. The injured apprentice has now returned to work.

Mounted Branch - Operational Requirement - Temporary Sleeping Risk within Stables

59. Mounted Branch has requested the assistance of Property Services to accommodate operational requirements (animal care and operational response) in respect of arrangements regarding police officers sleeping in stables. Property Services Compliance Team is producing a specific fire risk assessment relating to temporary sleeping arrangements. The Property Services Compliance Team are awaiting Property Services Facilities Management to confirm at each of the stable locations:

• alarm and building construction specifications;
• requirements for improved building specifications.

60. Mounted Branch were advised that lone working, fire safety procedures and risk assessment must be strictly monitored and adhered to.

Custody - Corporate Manslaughter and Homicide Act

61. A Property Services working group is reviewing compliance with the Corporate Manslaughter and Homicide Act relating to Custody associated building fabric. The working group includes Property Services Compliance Team, Facilitates Management and Standards, and is chaired by the Divisional Director of Compliance. The working group will ensure that the responsibilities of Property Services relating to Custody are appropriately communicated and discharged. The next meeting is planned for November 2011.

C. Other organisational and community implications

Equality and Diversity Impact /h3>

11. There are no immediate implications on equality and diversity arising from this report. The team will monitor all health and safety matters, including MetAIR statistics, to determine whether there is any disproportionate impact on any particular group, and, where there is, take appropriate action.

Consideration of MET Forward/h3>

2. Although this report has no direct implications for the delivery of Met Forward, ensuring the health and safety of all our staff will impact on our ability to deliver an effective policing service to Londoners. The report outlines the MPS’s health and safety performance and outlines steps to continue to reduce accidents. The process of review will drive service improvement saving resources.

Financial Implications

3. There are no immediate financial implications arising from this report, however, the proposal for extending cost recovery by the Health and Safety Executive from April 2012 may have a future impact in the event of Health and Safety Executive investigations.

Legal Implications

4. The Health and Safety at Work Act 1974 is the primary piece of legislation covering occupational health and safety in the UK. There are also various statutory instruments made under the Act relating to the working environment.

5. This report refers to fees that the HSE intend to impose. The proposed fees will require new regulations, which will replace the existing Health & Safety (Fees) Regulations 2010.

6. The report also highlights changes to the Corporate Manslaughter & Corporate Homicide Act 2007 (“the Act”) which came into force on the 1 September 2011. The amendment has the effect of bringing in deaths in custody within the ambit of the act.

7. The information in this report assists the MPA in the performance of its duties under Health and Safety legislation and of its strategic oversight role as set out in the joint MPA/MPS Corporate Health and Safety Policy.

Environmental Implications

8. There are no immediate environmental implications from this report.

Risk Implications (including health and safety)

9. At the time of reporting there are no immediate significant health and safety implications arising from this update report. The information in this report assists the MPA in the performance of its duties under Health and Safety legislation and of its strategic oversight role as set out in the joint MPA/MPS Corporate Health and Safety Policy.

D. Background papers

• Appendix 1-7 - MetAIR accident data

E. Contact details

Report author: Nick Kettle, Strategic Manager Safety and Health Risk Management and Peter Brown, Assistant Director – Head of Compliance, Property Services, MPS

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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