Policy & Procedural Arrangements relating to Driving for Work

Transcription

1 Equality, Good Relations and Human Rights Screening Template Title: Policy & Procedural Arrangements relating to Driving for Work ***Completed Screening Templates are public documents and will be posted on the Trust s website*** See Guidance Notes for further background information on the relevant legislation and for help in answering the questions on this template (follow the links).

2 (1) Information about the Policy/Proposal (1.1) Name of the policy/proposal Belfast Trust Policy & Procedural Arrangements relating to Driving for Work (1.2) Is this a new, existing or revised policy/proposal? Revised Policy 3 yearly review. Original version of this policy was developed and introduced in (1.3) What is it trying to achieve (intended aims/outcomes)? The purpose of this policy and procedural arrangement is to: The Health and Safety at Work (NI) Order 1978 requires employers to take appropriate steps to ensure the health and safety of their employees and others who may be affected by their activities when at work. This includes the time when they are driving whether this is in a Trust vehicle or in the employee s own vehicle. There will always be risks associated with driving. Although these cannot be completely controlled, an employer has a responsibility to take all reasonable steps to manage these risks down to as low a level as reasonably possible in the same way as they would in the workplace. (1.4) How will the proposal be implemented? This policy is required to be implemented by all Service Groups. All staff are required to comply with this 2

3 policy in particular those individuals and Departments with specific responsibilities as detailed. The Medical Director in conjunction with the Directors, Co-Directors and Senior Management are responsible for ensuring the necessary resources are available to effectively implement this Policy. (1.5) Are there any Section 75 categories (see list in 2.1) which might be expected to benefit from the intended policy/proposal? All (1.6) Who owns and who implements the policy/proposal? The Belfast Health & Social Care Trust has the responsibility for developing and implementing the policy. (1.7) Are there any factors that could contribute to/detract from the intended aim/outcome of the policy/proposal/decision? (Financial, legislative or other constraints?) None (1.8) Who are the internal and external stakeholders (actual or potential) that the policy/proposal/decision could impact upon? (staff, service users, other public sector organisations, trade unions, professional bodies, independent sector, voluntary and community groups etc). Staff, visitors, patients/ clients, trade unions and contractors. 3

4 (1.9) Other policies/strategies/information with a bearing on this policy/proposal (for example internal or regional policies) - what are they and who owns them? Road Traffic legislation applicable in Northern Ireland, Health & Safety Executive guidance on Driving at Work and other sources of reference as detailed in Section 7 of the policy. 4

5 (2) Available Evidence / Needs, Experiences and Priorities (2.1) Taking into account the information above what are the different needs, experiences and priorities of each of the Section 75 categories for both service users and staff. Please note there are separate tables for Service Users and staff. Service Users Category Details of evidence/information Service users Belfast / Castlereagh population as a whole Service users affected Needs, Experiences & Priorities N/A Gender Female Male 51% 49% *2011 census Age % 11% 12% 14% 14% 12% 15% 5

6 65+ *2011 census Religion Protestant Roman Catholic No Religion or No Religion Stated 42% 41% 17% *2011 census Political Opinion Broadly Unionist Broadly Nationalist Other Do not wish to answer/unknown 48.3% 45.4% 2.3% 4% * 2011 Assembly election Marital Status Single Married Other/Not known 36% 47% 17% *2011 census Dependent Status Caring for a child dependant older person/ person with a disability 12% of usually resident population provide unpaid care None Not known * 2011 census Disability Yes No 21% 69% n/a To ensure communication of the policy to all stakeholders, it will be provided in appropriate alternative formats when 6

7 Not known *2011 census required. Ethnicity White Black/Minority Ethnic Not known 98.21% 1.8% n/a *2011 census To ensure communication of the policy to all stakeholders, it will be provided in appropriate alternative formats when required. Sexual Orientation Opposite sex Same sex/same and Opposite sex Do not wish to answer/not known The general view in NI is that an estimated 6-10% identify as lesbian, gay, bisexual *2012 report by Disability Action & Rainbow Project Staff Category Details of evidence/information Staff Trust workforce January 2013 Staff affected Needs, Experiences & Priorities Gender Female Male 79% 21% Applicable to all staff. There is no indication of different needs in relation to gender. Age <25 4% There is no indication of different needs 7

8 % 26% 29% 13% 2% in relation to age. Religion Protestant Roman Catholic Not known/other 45% 50% 5% There is no indication of different needs in relation to religion. Political Opinion Broadly Unionist Broadly Nationalist Other No answer Unknown 7% 6% 7% 25% 55% There is no indication of different needs in relation to political opinion. Marital Status Single Married Other Not known 38% 57% 3% 2% There is no indication of different needs in relation to marital status. Caring Responsibilities For an adult For a child For a person with a disability None Not known 2% 18% 1% 19% 60% There is no indication of different needs in relation to caring responsibilities. Disability Yes No Not known 2% 66% 32% To ensure communication of the policy to all stakeholders, it will be provided in appropriate alternative formats when required. 8

9 Ethnicity White Black/Minority Ethnic Not known 78% 4% 18% To ensure communication of the policy to all stakeholders, it will be provided in appropriate alternative formats when required. Sexual Orientation (towards people of the) Opposite sex Same sex/same and Opposite sex Do not wish to answer/not known 36% 1% 63% There is no indication of different needs in relation to sexual orientation. (2.2) Provide details of how you have involved stakeholders, views of colleagues, service users and staff etc when screening this policy/proposal. This Policy is devised in collaboration with the Trust s Health & Safety Managers, the Transport Department and the Occupational Health Service. Consultation with staff and their Trade Union Representatives during development and introduction of a policy is a legal requirement ref: Health & Safety (Consultation with Staff) Regulations (NI) 1996 and the Safety Representatives and Safety Committee Regulations (NI) The Trust s Directorates and Joint Health & Safety Committee were consulted on this latest version of the Policy. The Joint Health & Safety Committee will perform a pivotal role in ensuring that this Policy is implemented and will oversee monitoring of the Policy to ensure compliance with statutory requirements, to reduce incidents and promote safe driving whilst using Trust vehicles and private vehicles for work purposes. 9

10 (3) Screening Questions You now have to assess whether the impact of the policy/proposal is major, minor or none. You will need to make an informed judgement based on the information you have gathered. Staff (3.1)What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories? Section 75 Category Details of policy / proposal impact Level of impact? Minor/major/none (3.2) Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories? If yes, provide details. If no, provide reasons. Gender None N/A Age None N/A Religion None N/A Political Opinion None N/A Marital Status None N/A Dependent Status None N/A 10

11 Disability None N/A Ethnicity None N/A Sexual Orientation None N/A Service Users (3.1) What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories? Category Details of policy/proposal impact Level of impact? Minor/major/none (3.2) Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories? If yes, provide details. If no, provide reasons. Gender None N/A Age None N/A Religion None N/A Political Opinion None N/A Marital Status None N/A Dependent Status None N/A 11

12 Disability None N/A Ethnicity None N/A Sexual Orientation None N/A (3.3) To what extent is the policy/proposal likely to impact on good relations between people of different religious belief, political opinion or racial group? Minor/major/none Good relations category Details of policy/proposal impact Level of impact Minor/major/none Religious belief None Political opinion Racial group None None (3.4) Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group? Good relations category Please provide details Religious belief N/A Political opinion Racial group N/A N/A 12

13 (4) Is there an opportunity to better address the health and social inequalities of groups/areas in greatest social, economic or educational need by altering the policy/decision? Suggestions N/A (5) Consideration of Disability Duties How does the policy/proposal or decision currently encourage disabled people to participate in public life and promote positive attitudes towards disabled people? Consider what other measures you could take. N/A For example, have your staff received disability equality training or training on the Trust s Patient and Client Experience Standards? 13

14 (6) Consideration of Human Rights (6.1) Does the policy/proposal affect anyone s human rights in a positive, negative or neutral way? Complete for each of the articles Article Article 2 Right to life Positive impact Negative impact = human right interfered with or restricted Neutral impact Article 3 Right to freedom from torture, inhuman or degrading treatment or punishment Article 4 Right to freedom from slavery, servitude & forced or compulsory labour Article 5 Right to liberty & security of person Article 6 Right to a fair & public trial within a reasonable time Article 7 Right to freedom from retrospective criminal law & no punishment without law Article 8 Right to respect for private & family life, home and correspondence. Article 9 Right to freedom of thought, conscience & religion Article 10 Right to freedom of expression 14

15 Article 11 Right to freedom of assembly & association Article 12 Right to marry & found a family Article 14 Prohibition of discrimination in the enjoyment of the convention rights 1 st protocol Article 1 Right to a peaceful enjoyment of possessions & protection of property 1 st protocol Article 2 Right of access to education Please note: If you have identified potential negative impact in relation to any of the Articles in the table above, speak to your line manager and/or a representative from the Equality Team. It may also be necessary to seek legal advice. (6.2) Please outline any actions you will take to promote awareness of human rights and evidence that human rights have been taken into consideration in decision making processes. Belfast Trust is committed to the principles of Human Rights for staff and service users. The Trust s corporate values of respect and dignity are two of the core principles under the Human Rights Act. The principles of human rights are embedded and mainstreamed throughout Trust policies and procedures. Each member of Trust staff is obliged to attend Trust Equality, Good Relation and Human Rights training as per the Trust s Statutory/Mandatory Training Matrix. 15

16 (7) Screening Decision (7.1) Given the answers in Section 4, how would you categorise the impacts of this policy/proposal? Major impact Minor impact No impact (7.2) Do you consider the policy/proposal needs to be subjected to ongoing screening? Yes No A full Equality Impact Assessment (EQIA) is usually confined to those policies or decisions considered to have major implications for equality of opportunity. (7.3) Do you think the policy/proposal should be subject to an Equality Impact Assessment (EQIA)? Yes No 16

17 (7.4) Please give reasons for your decision. The policy does not exclude any particular groups. The Policy highlights the legal requirements under the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 as amended, the Road Traffic Legislation applicable in Northern Ireland, other legislation e.g. HSE, DVANI and other guidance. It is designed to inform Managers and staff on their legislative responsibilities and best practice in relation to managing work related road risk. (7.5) If you have identified any impact, what mitigation have you considered to address this? Not applicable. 17

18 (8) Monitoring. In line with the guidance, you will be obliged to monitor this policy every 2 years. Please detail how you will monitor the effect of the policy/proposal for equality of opportunity and good relations, disability duties and human rights? It is the responsibility of the Line Manager to monitor compliance with this policy. Compliance with this policy will also be monitored through: Review of at Work Road Traffic Accidents Periodic Fleet & Transport Audits by Trust Insurers (last completed January 2014) 3 yearly assessments of authorised users of Trust vehicles by Transport Services Medical examination of drivers employed by the BHSCT Compliance with the BRAAT Audit Standard 17 on Driving for Work Review of penalty notices issued for Trust vehicles. Approved Lead Officer: Position: Date: Policy/proposal screened by Equality Manager: Employment Equality Manager: Karen Cunningham Lead Health & Safety Manager 5 th January 2015 Veronica McEneaney Michelle Morris Please forward completed schedule to lesley.jamieson@belfasttrust.hscni.net 18