Police authority responsibility for health and safety

Report: 11
Date: 25 September 2003
By: Clerk

Summary

The Authority is responsible at law for the health and safety of all staff employed by the MPS except police officers. The Police Reform Act makes provision for the police authority to assume responsibility for the health and safety of police officers, but it now looks unlikely that the Home Secretary will bring this into force. This paper considers the options open to the Authority to discharge its existing and potential responsibilities.

A. Recommendation

That the Authority set up a Health and Safety Sub-Committee to discharge its statutory responsibility for health and safety, drawing on professional advice and assistance in determining and overseeing appropriate strategies, systems and processes.

B. Supporting information

1. Under section 2 of the Health and Safety at Work Act 1974 (HASAW) employers must, as far as reasonably practicable, ensure the health, safety and welfare of their employees. Section 3 extends this duty to ensure that working practices do not put others at risk, whilst section 4 requires premises to be safe. The Act also allows for various regulations to be made relating to specific health and safety practices and procedures.

2. The Police (Health and Safety) Act 1997 and the Police (Health and Safety) Regulations 1999 were introduced to apply HASAW and subordinate regulations to police officers. In drafting the 1997 Act, Parliamentary Counsel advised that the words “as far as reasonably practicable” in HASAW allowed the courts to take the special nature of police work into account.

3. At present, by virtue of the 1997 Act, for the purpose of health and safety legislation, chief officers are designated as the ‘employers’ of police officers; police authorities are liable under HASAW only for the support staff under the direction and control of chief officers. However, by virtue of section 95 of the Police Reform Act 2002, the Home Secretary may make an order so that police authorities, rather than chief officers of police, will be responsible for breaches of HASAW involving any employee. Thus the MPA could become liable for any act or omission by a police officer, member of the special constabulary or police cadet, in addition to support staff. Deaths in police custody may, depending on the circumstances, fall within the ambit of health and safety legislation and come under scrutiny by the Health and Safety Executive.

4. The need for a rationalisation of the legal position was highlighted by the recent unsuccessful prosecution of the present and former Commissioners, in their personal capacity. The MPA, with the full support of the Commissioner, was instrumental in proposing that the liability should rest with the Authority, as the body corporate. This does not just remove the anomaly of personal liability in the post of a chief officer. It also re-inforces the importance of health and safety policies and strategies by demonstrating a transparent accountability within the corporate governance framework.

5. Before implementing section 95, the Home Office began wider consultation with stakeholders including the MPA, MPS, Association of Chief Police Officers, Health and Safety Executive, Her Majesty’s Inspector of Constabularies and the Association of Police Authorities. The MPA, supported by the MPS, saw health and safety intrinsically linked to efficiency and effectiveness, and as the Authority is also responsible for the financial impact of health and safety issues, including related budgetary provision, the Authority should be accountable in law. The involvement of police authorities at a strategic level would also help promote and support health and safety in the police service.

6. Despite the MPA approach, two problems arose. Firstly, a number of those consulted questioned how section 95 might operate in practice and doubted whether police authorities were equipped to deliver health and safety responsibilities. Secondly, although there was support for the removal of personal responsibility from individual officers, some feared difficulties with the transfer of liability to police authorities; in particular there was concern at the potential impact on the operational independence of chief officers. This extended into concern that the HSE failed to recognise the fact that the ‘policing imperative’ would on occasion demand police action notwithstanding best practice in health and safety practice.

7. Ultimately, the Health and Safety Executive expressed the view that section 95 could not deliver an effective system of health and safety management with clear responsibilities but were willing to discuss alternative approaches. The Home Office is still considering alternative means of protecting chief officers from personal liability but no solution is likely in the short term.

8. In the meanwhile the Authority still has specific responsibilities in relation to non-sworn staff and its statutory duty to maintain an effective and efficient police force. That duty cannot be adequately discharged unless robust health and safety strategy and policies are in place. For this reason we should follow the following broad guidance offered by the Health and Safety Executive to organisations responsible for developing effective health and safety systems:

• Set a clear and effective health and safety policy
• Organise staff resources to implement the policy
• Plan and set appropriate health standards to assess risks
• Measure health and safety performance
• Monitor and review performance

12. It is therefore proposed that after consultation with the MPS Health & Safety Director the Authority manages health and safety in the MPS through a Health and Safety Sub-Committee, which has at is disposal professional advice. This sub-committee will need to determine its precise terns of reference after formation but would generally work in tandem with the MPS Health and Safety Committee; the former would set strategy/standards and measure performance, whilst the latter concentrated on implementation, quality and standards. Appendix 1 sets out in schematic form the proposed membership of the new sub-committee and its interaction with the existing MPS structures. Jennette Arnold is lead member on health and safety matters and should, therefore, sit on the sub-committee. It would be helpful for the other members to be appointed at this meeting.

C. Equality and diversity implications

All health and safety policies and practices must have as a central theme a regard for equalities and diversity requirements.

D. Financial implications

If the Authority opts to receive to advice from the MPS Head of Health and Safety Advisor no additional costs will arise. The alternative would be employ a consultant on an ad hoc basis; the costs would depend on the extent and detail of the work that was required and could range from £5,000 to £50,000.

E. Background papers

• Police Reform Act 2002

F. Contact details

Report author: Keith Dickinson, MPA.

For more information contact:

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

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