Wealden District Council
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Health and Safety at work service plan 2024-25

For a full or paper copy of this service plan please email una.kane@rother.gov.uk
  1. Introduction
  2. Background
  3. Mission Statement
  4. Aim and Objectives
  5. Compliance with National Priorities
  6. Enforcement
  7. Authority Profile and Structure
  8. Work Achieved 2023-24 and Plan for 2024-25
  9. Special Project for 2024
  10. Resources
  11. Competency of Inspectors
  12. Complaints Against Service
  13. Customer Survey
  14. Disclosure of Information
  15. Contact Details
  16. Agreed and Approved

Introduction

This Health & Safety service plan is an expression of Wealden District Council’s continuing commitment to regulating Health and Safety at work. This service plan contributes to the Wealden District Council strategy for the local economy. “We need a fair and stable economy which provides secure, satisfying and well-paid jobs for residents…we will encourage our entrepreneurs and home-grown businesses”. Wealden District Council commits to the joint Statement of Commitment between local authorities and HSE Regulatory Services. Statement of commitment between: Local Authority and HSE Regulatory Services – HSE The Better Regulation Office publication ‘National Enforcement Priorities for Local Authority (LA) Regulatory Services’, placed Health and Safety at Priority number four ‘Help people to live healthier lives by preventing ill health and harm and promoting public health’ (November 2011). Priority Regulatory Outcomes (publishing.service.gov.uk)

Background

Health and safety legislation in Great Britain is enforced by the Health and Safety Executive or a local authority (LA), depending on the main activity carried out at any In general LA’s are the main enforcing authority for retail, wholesale distribution and warehousing, hotel and catering premises, offices, and the consumer/leisure industries. Local authorities are not responsible for – agriculture, horticulture, forestry, medicine (hospitals, GPs, dentists etc.) mining, open land, quarries, and railways. Each local authority is an enforcing authority in its’ own right and must make adequate provision for enforcement. The LA National Enforcement Code introduced in May 2013 sets out the principles that each local authority should follow to ensure a consistent, proportionate and targeted approach to regulation based on risk. National Local Authority (LA) Enforcement Code – HSE and LAs Working together – HSE Local authorities should use several intervention approaches to regulate and influence businesses in the management of health and safety risks including:
  • provision of advice and guidance to individual businesses or groups
  • proactive interventions including inspection
  • reactive interventions e.g. to investigate an accident or complaint.
Local authority inspectors may use enforcement powers, including formal enforcement notices, to address occupational health and safety risks and secure compliance with the law. Within Wealden District Council this duty is carried out by Environmental Health Officers within the shared Environmental Health service.

Mission Statement

‘Deliver an increasingly efficient and effective public health service which strives to promote and sustain a safe prosperous community for businesses, residents and visitors”.

Aims and Objectives

Aim

To enable the service to use its resources in an efficient and effective way, to promote compliance with legal obligations under health and safety law, and to take robust action where there is serious non-compliance that puts the safety or health of those at work, or the public at risk.

Objectives

  1. To contribute to the growth of local businesses through the provision of proactive and reactive advice, guidance and contributing to a level playing field for business.
  2. To investigate complaints and reports of incidents that meet the incident selection criteria and complaint handling criteria set down by HSE.
  3. To plan a range of interventions based on HSE national priorities and local intelligence led priorities.
  4. To work in partnership with the Health and Safety Executive (HSE) and others to deliver this service plan.
  5. To support the Primary Authority Scheme.

Compliance with National Policies

All health and safety regulatory activity carried out by Wealden District Council must conform to the requirements of the National Local Authority Enforcement Code. The Code requires that all health and safety law enforcement is proportionate in applying the law and securing compliance; consistent in approach and targeting of enforcement action; Wealden Council must be transparent and accountable about how we operate and what those regulated may expect. Wealden District Council must ensure that health and safety priorities and interventions are targeted in accordance with the mandatory HSE guidance – Local Authority Circular 67-2 (Revision 13). Setting priorities and targeting interventions – HSE and LAs Working together – HSE Interventions are carried out in accordance with written procedures. Officers have regard to the regulations made under Section 15 of the Health and Safety at Work etc. Act 1974 and the codes of practice which are issued under Section 16 of the Act, when enforcing the provisions of the Act. In accordance with HSE, LGA and FSA advice issued 1st April 2011, combined food hygiene and health and safety inspections will be carried out, to minimise burdens on local businesses. Local authority enforcement – HSE and LAs Working together – HSE Wealden has an Equality Policy and the Environmental Health Service carried out an equality impact assessment and conducts equality monitoring. The results of the monitoring will determine future policy in this area. This plan provides a documented system for residents and businesses, elected members and officers.

Enforcement

Wealden District Council recognises the emphasis placed on enforcement by the guidance of the HSE and LG Regulation (published in May 2011), in particular the need for enforcement action to ‘Maintain a strong deterrent against those who fail to meet their H&S obligations and put their employees at material risk thereby also deriving an unfair competitive advantage’. WeaIden District Council adopted an enforcement policy for the shared Environmental Health service in 2014: EHEnforcementPolicy.pdf (wealden.gov.uk) Officers carry out enforcement in line with Wealden’s Enforcement Policy as well as being guided by the Health and Safety Executive’s Enforcement Policy Statement and the Enforcement Management Model.

Authority profile

Wealden’s District has a population of approximately 160,151 and covers an area of 835 Km2 (ONS UK 2021). Wealden District is mainly a rural area with five urban centers: Crowborough, Hailsham, Heathfield, Polegate and Uckfield. Wealden enjoys some of the most unspoilt countryside in Southeast: the Ashdown Forest, the High Weald, parts of the South Downs, the Seven Sister cliffs, and Pevensey Levels. The District of Wealden contains small pockets of rural, coastal and urban living. The businesses within the District reflect this mix. Small and micro businesses form a fundamental part of the Wealden economy as almost 90% of businesses in Wealden employ less than nine people. Map of the Wealden District Health and Safety work is carried out by Environmental Health Officers who also conduct food hygiene inspections, infectious disease investigations, commercial and residential caravan site licensing, skin piercing registrations, kennel and cattery licensing, risk assess private water supplies, pest control and stray dog control. The service operates Monday to Friday from Vicarage Lane Hailsham from 8 30am – to 5pm Monday – Friday; 01323 443322. Planned out-of-hours work is undertaken and emergency calls are taken by the standby system (Cornwall Council) on 01424 787868.

Wealden District Council Structure 45 Elected Councillors

Cabinet Committees

  • Planning North and South
  • Audit, Finance & Governance
  • Overview and Scrutiny
  • Licensing
  • Joint Waste and Recycling
  • Standards
  • All associated sub committees
Decisions on health and safety policy matters are delegated to Cllr K Williams, Public Health, and Asset Management Portfolio Holder. Cllr Williams makes decisions on policy matters and communicates these to the Director of Place. The Director of Place, Chris Bending, directs the Head of Environmental Health accordingly, Richard Parker- Harding. Council and Committee Meetings – Wealden District Council – Wealden District Council The senior management structure of Wealden District Council is shown below.

Wealden Senior Management Structure

This chart shows the structure for the Environmental Health service for Wealden Council. A total of 21.75 full-time officers are engaged in the shared Environmental Health service at an annual cost of £1,088,950. The health and safety service of Wealden District Council is carried out by the Food and Safety Team as part of the shared Environmental Health service and interlinks with neighbouring local authorities, Health and Safety Executive and Regulatory Delivery (Department for Business, Energy, and Industrial Strategy).

Work Achieved 2023-24 and Plan for 2024-25

Our work plan uses a range of interventions – advice and guidance, spotting safety problems during food hygiene/licensing inspections, reactive investigations into accidents and complaints, taking appropriate enforcement action and working with partner agencies on traditional Sussex bonfires. Provision of advice and guidance Wealden Council offers a range of business advice through the website at Business Support The Wealden business newsletter and support leaflet are available in hard copy or electronically to all and includes health and safety advice for business. Advice is available for those thinking of starting a new business on the website at Starting up a business, which links to the Health and safety advice webpage. The Environmental Health service webpages provide health and safety advice at health and safety advice at Health and safety at work the basics for business

Matters of Evident concern

During food hygiene and licensing inspections, officers may spot safety problems which need immediate action to remediate the risk. These matters of evident concern may not be the reason why the officer is on site, but are self-evident and could lead to serious personal injury or illness. Twenty-two such reports were made in 2023-4, including.
  • An unprotected mezzanine floor from which employees could fall when retrieving stock
  • Damaged wooden steps used by employees to retrieve goods
  • Unguarded meat slicer in butchery
  • Leaking dishwasher created wet floor – slipping hazard.
  • Oil split on kitchen floor from deep fat fryer – the officer fell.
  • Inadequate protection for those using deep fat fryer – risk of burns to arms
  • Lack of gas safety certificates
It was obvious to officers that many businesses were struggling with costs. This resulted in cost cutting or lack of maintenance. There were numerous examples where the business was aware of damaged electrics but had not sought the expertise required to repair safely. Photograph of a damaged electrical socket

Investigation of accidents, incidents and complaints

Reported accidents, incidents, diseases, and dangerous occurrences (RIDDOR) and complaints are subjected to the HSE’s incident selection criteria and complaints handling criteria. This means that each complaint is investigated if it poses a significant risk to safety or health. Food and Health and Safety Complaint Investigation Policy – Wealden District Council – Wealden District Council In 2023-4 thirty-one complaints were made about a variety of health and safety issues in businesses – disrepair in the workplace, excessive noise and smoking inside the workplace were among the concerns raised. We also receive reports from insurance companies when lifts, forklift trucks and other lifting equipment fails their statutory inspections. Eighty-nine reports of accidents and incidents were received through the RIDDOR system.
  • An employee slipped on the stairs and fell down the remainder of the flight resulting in extensive bruising. Investigation revealed the anti-slip grip on the edge of the stairs had become loose.
  • Grounds keeper slipped on wet grass allowing the equipment in use to crush the persons foot. Investigation revealed – Had not used the “dead mans handle” – retraining recommended.
  • Employee was guiding a roll cage down a ramp when it hit a damaged patch of flooring, the roll cage fell onto the persons’ leg causing extensive bruising. Company repaired flooring when report submitted.
  • A thorough investigation was made when a report was received which described an employee suffering broken ribs and a punctured lung, following a fall down a stairway, while carrying stock down two flights to the shop floor. The officer discovered that the goods lift provided for this work, had been out of action for several weeks. Following the intervention of an officer, the goods lift was restored to use. The business accepted the full recommendations made by the investigating officer.
  • A full investigation was made into reports that the swimming pool floor, at Freedom Leisure Hailsham caused lacerations to children’s feet. This resulted in the temporary closure of the facility and the recoating of the swimming pool floor. No further such reports have been received.
  • One fatality at work was reported from a business in Polegate. This has been investigated and the officer’s report is with HM Coroner.

Enforcement Actions

Two enforcement notices were issued in 2023-4. Both relate to serious incidents which remain under investigation.

Safety Advisory Groups

Traditional Sussex bonfires and firework displays are held throughout the district. Some of these events are held on district and parish council owned land and attract very large numbers of visitors. These events can pose crushing and burning risks in crowds. This work is recognised by the HSE as suitable for proactive intervention by local authorities to prevent injuries to members of the public (safety priority 8). To protect public safety Wealden DC Environmental Health chairs Safety Advisory groups for the traditional bonfire societies of Chiddingly, East Hoathly, Hailsham, Heathfield, lsfield and Little Horsted, Mayfield, Ninfield, Rotherfield, Warbleton and Rushlake Green and Uckfield. Buxted bonfire society is reforming and will have its first SAG this summer. The aim of the Safety Advisory Group is to bring together the bonfire society and the local authority with Sussex Police, East Sussex Fire & Ambulance, Southeast Coast Ambulance to review the safety plans for the event. The plans are discussed, and advice is given, where needed, to all parties to improve arrangements. In 2023-4 eight safety advisory groups were held – some in person, others online, to review risk assessments and other arrangements. This was the first full year without the involvement of Sussex Police planning unit. Sussex Police presence on the night of bonfire celebrations was significantly reduced on previous years. Minimal contributions were made by East Sussex Fire and Rescue Service (ESFRS). Photograph of East Hoathly and Halland Carnival Society even from November 2023 EHHCS – East Hoathly & Halland Carnival Society During the Mayfield carnival evening, disorder broke out which resulted in an injury to a police officer. Environmental health Officers held an urgent meeting of the safety advisory group in the days following this incident. Organisers and the police came together to discuss what had happened and how it could be prevented at future events. This learning will be applied by the Safety Advisory Group for this years’ carnival and bonfire event in Mayfield. Police officer injured in Sussex funfair attack | ITV News Meridian

Plan for 2024-25

We will continue giving advice to businesses, responding to complaints from the public, and taking enforcement where necessary. We will also continue with the Safety Advisory Group work. We will raise awareness of the need to report accidents at work through the RIDDOR system www.hse.gov.uk/riddor. The number of accident reports received are very small (89 in 2023-4), compared to the number of businesses in Wealden (8585). Not all accidents are reportable, not all businesses in Wealden are subject to local authority health and safety enforcement, but we would expect to receive more than a hundred reported accidents annually. We will email all businesses reminding them of their obligations about accidents at work. We will continue to raise awareness of the risks associated with inflatable devices. Nationally, there have been several serious incidents where inflatable amusement devices have collapsed or blown away in windy conditions. Inflatables can be found at many local premises, and we will raise awareness of the general risks associated with the operation of such devices. That devices are correctly anchored to the ground, there are suitable arrangements for measuring wind conditions at regular intervals, there is written documentation from a competent inspection body to show it complies with British Standard BS EN 14960. Full details at Inflatables – Wealden District Council – Wealden District Council

Safety of pressurised coffee machines

Many high street food outlets have a pressurised coffee machine, which should be subject to regular servicing to ensure the correct pressure is maintained. During food inspections, we will check the correct servicing has been completed and if not, we will act. This is a local campaign.

Electrical Safety in Hospitality Settings

Many hospitality venues have extended their space to make the most of outdoor areas. We will urge pubs, restaurants, and cafes to ensure outdoor electrical equipment such as lights and heaters are specifically designed for outdoor use, installed by a competent person, and checked regularly for damage or water ingress. If we identify problems, we will take action to ensure the electrical fittings are made safe. (HSE National Priority No.5)

Working with other regulators

The Food and Safety team will continue to work with Sussex Police, East Sussex Fire and Rescue, Southeast Coast Ambulance on safety at traditional bonfire events and other outdoor events.

Special Project – Funeral Directors

In April 2024 all local authorities received a request from the Minister for Justice and the Minister for Local Government and Levelling Up, that we carry out visits to all local funeral homes. This unexpected and unusual request follows the criminal investigation into Legacy Funeral Directors in Hull, and other similar cases. Four-week update on Legacy Funeral Directors investigation | Humberside Police This project is to “reassure the public that local funeral directors are safe, professional and care for loved ones as we would all want”. We have been asked to do a basic check that funeral directors comply with health and safety legislation regarding buildings, vehicles and equipment. The greater part of the project is about ensuring the dignity and condition of persons In the funeral directors’ care; traceability through the funeral procedure and transparency for families. The information collected is to be provided to the two government departments, for their consideration. We have also been asked to gather information on funeral plans and to report our findings to Financial Conduct Authority. Where appropriate we will give advice to funeral directors. Should we uncover criminal activity, we will liaise with Sussex Police. Although health and safety law applies to funeral directors, there is no sector specific legislation. In 2020 the Competition and Markets Authority recommended that independent regulation was needed, which HM Government has agreed to. We have begun preparations to deliver this project and expect to start the visits in July.

Resources

The number of full-time equivalent officers allocated to work on health and safety regulatory activity is 2.4. The list below is of all officers authorised by Wealden DC under the Health and Safety at Work etc Act. Note EHORB is the Environmental Health Officers Registration Board.
Environmental Health Officer Additional Qualification Level Authorisation/Inspection Level Authorisation/Enfocement
Edwards, Simon EHORB Registration Env Health Degree A-E Full
Hoyland, Richard EHORB Registration Env Health Degree A-E Full
Kamunda, Maybee EHORB Registration Env Health Degree A-E Full
Kane, Una EHORB registration Env Health Degree Health and Safety Diploma MSc A-E Full
Oginni, Oladayo EHORB Registration Env Health Degree A-E Full
Piper, Richard EHORB Registration Env Health Degree A-E Full
Powell, Jamie EHORB Registration Env Health Degree A-E Full
Simmonds, Rachel EHORB Registration Env Health Degree A-E Full
Whitcombe, Ann EHORB Registration Env Health Degree A-E Full
Wright, Philip EHORB Registration Env Health Degree A-E Full
Environmental Health Officers outside the Food, Safety team who are authorised:
Name Role
Parker-Harding, Richard Head of Environmental Health
Randolph, Mark Senior Environmental Health Officer
Beaumont, Catherine Deputy Head of Environmental Health
Biggs, Steve Senior Environmental Health Officer

Database

During 2024-5 a new cloud-based database was brought into use – ldox Public Protection. Every accident report, service request, investigation etc. is recorded on the database. The Environmental Health Manager provided training for all members of FAST, including procedure notes.

Reference materials

All reference materials and internal work procedures are stored on the RIAMS website. In addition, there is material available on the HSE’s general website and secure extranet site, a library of law encyclopedias and reference books is maintained in the office.

Competency and Consistency of Officers

The shared Environmental Health service between Wealden and Rother has created resilience, improving collective knowledge and experience. Annual appraisals are conducted to identify training needs which form an annual training programme. In 2023-4 training was directed towards the use of the new cloud-based database, ldox Public Protection and a fatal accident investigation exercise. Every member of the team attends external seminars, to progress their professional knowledge and self-development. It is essential that officers are well informed and knowledgeable in health and safety matters. Competency of all officers is judged against HSC (G) 4 “Standards of Competency”, using a matrix developed by the Sussex Health and Safety Liaison Group. Annual appraisals are conducted to review performance and to identify specific training needs. Officers attend training days, county liaison meetings and food and safety team meetings. During 2023-4 all team meetings were held in person. Wealden continues to attend and support the Sussex Health and Safety Liaison Group. This group includes all Sussex local authorities that are responsible for regulating health and safety and includes a representative from the HSE. It encourages the sharing of knowledge and expertise and develops joint resources.

Complaints Against Service

Wealden operates a local complaints procedure which allows anyone dissatisfied with the Council’s service to pursue their complaint and expect a quick response. No complaints were made against the service in 2023-4.

Customer Survey

A proportion of businesses are contacted online to seek their views on how we perform. These responses are collated and contribute to the performance management monitoring and reporting carried out by the Environmental Health Service. This includes taking action where performance does not meet the expected standards.

Disclosure of Information

Disclosures will be made on receipt of a written application under the Freedom of Information Act 2001.

Contact Details

Website: www.wealden.gov.uk E-mail: foodhs@rother.gov.uk Telephone: 01424 787550 Address: Vicarage Lane Hailsham East Sussex BN27 2AX

Agreed and Approved

This service plan has been agreed by Cllr K Williams Portfolio Holder and is published on the Wealden District Council website. Decision – Health and Safety Service Plan 2024/25 (Recommendation to Full Council) – Councillors Committees – Wealden District Council Signed: R Parker Harding Mr R Parker-Harding BSc (Hons) MSc OMS MCIEH CIEnv AMIOA Chartered Environmental Health Practitioner Head of Environmental Health Dated: 22nd July 2024 Signed: K Williams Councillor Mr K Williams Cabinet Portfolio Holder Public Health and Asset Management Dated: 22nd July 2024