Committee arrangements

Report: 3
Date: 16 February 2004
By: Clerk

Summary

This report proposes the terms of reference and arrangements for meetings of the Health and Safety Sub-committee.

A. Recommendations

That

1. the terms of reference for the Health and Safety Sub Committee as set out in paragraph B4 of the report be noted;
2. the Sub Committee meet not less than three times per year;
3. meetings be attended by an MPS HR representative, a representative from MPS Health and Safety Branch, OCU commanders / managers as requested, staff associations and an external advisor, as and when necessary.; and
4. members consider the appointment of co-opted members (no more than 2) to the Sub-Committee in accordance with standing orders.

B. Supporting information

1. Section 2 of the Health and Safety at Work Act 1974 states that employers must, as far as reasonably practicable, ensure the health, safety and welfare of their employees. For the MPA this means all non sworn staff (police staff). Section 3 extends the duty to ensure that working practices do not put others at risk, whilst section 4 requires premises to be safe. Under the GLA Act 1999, the rights and liabilities attached to police premises and property were transferred to the MPA; this means the Authority may also be ultimately accountable for members of the public in police care or on police property. As police officers are agents of the Crown, rather than employees, the provisions of the Health and Safety at Work Act apply to the Commissioner rather than the Authority. Nonetheless, in discussion with the Home Office, APA and the Health and Safety Executive the clerk to the MPA argued strongly that police authorities should have overall responsibility to ensure compliance with health and safety requirement across the board as part of their general duty to oversee efficiency and effectiveness under the Police Act 1996. ACPO accepted the principle.

2. Thus the Authority should be satisfied by this Sub Committee that the MPS:

• approaches health and safety in a systematic and effective manner, through appropriate management systems, and
• complies with legal requirements and any MPA policies

3. The Health and Safety Sub Committee should therefore satisfy itself that

• Annual audits and reviews demonstrate health and safety management systems are in place at corporate, business group and OCU levels
• legal compliance is achieved
• health and safety operational performance is meeting targets through oversight of relevant data and information
• health and safety action plans are being delivered in line with expectations
• plans for continued improvement are being developed
• sufficient resources are devoted to meet health and safety needs.

4. To enable the discharge of these responsibilities the following are recommended as the Terms of Reference for this sub committee.

1. To agree the MPS priorities for health and safety in its strategy.
2. To satisfy itself, on behalf of the MPA, that the MPS discharges its legal duties in relation to health and safety matters with particular regard to the safety, health and welfare of police officers and police staff, people in the care and custody of the MPS, and all members of the public on police premises or property.
3. To satisfy itself, on behalf of the MPA, that the MPS has in place appropriate health and safety, management systems, arrangements and procedures both to meet legal requirements and to assess and control risks.
4. To review, and exceptionally to request, the carrying out of audits and reviews of health and safety management systems, policies, arrangements and procedures, as necessary, and to review progress with the implementation of recommendations arising from such audits.
5. To provide a conduit for the expression of health and safety concerns.
6. To report annually to the Co-ordination and Policing Committee on performance and compliance in relation to the above.

5. The MPS Health and Safety Strategy Committee sits bi monthly and its work will inform much of the oversight that this sub committee undertakes; for this reason it is suggested that it convene after alternate meetings of the MPS committee.

6. Standing Orders state that the quorum for all MPA meetings is half the membership and not less than three so for this Committee it is three.

7. It is suggested that the following attend the meetings.

In addition to those attendees given above, members may wish to consider the appointment of co-opted members to the Sub-Committee. This would supplement members’ expertise and enable further specialist advice.

C. Equality and diversity implications

All equal opportunity and diversity issues will be dealt with in the substantive policies brought before the sub committee.

D. Financial implications

None.

E. Background papers

None

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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