Derbyshire Constabulary TERMS OF REFERENCE FOR THE FORCE & LOCAL HEALTH AND SAFETY COMMITTEE POLICY REFERENCE 10/303 This document is suitable for Public Disclosure Owner of Doc: Head of Department, Corporate Services. Review Date: August 2017 1
INDEX Heading Page No 1. Document Identification Page... 3 2. Legislative Compliance... 4 3. Introduction... 6 4. Terms of Reference... 6 5. Monitoring and Review... 10 6. Appeals... 10 2
1. Document Identification Page Document title: Registry Reference number: Terms of Reference for the Force and Local Health and Safety Committees 10/303 (HS4) Implementation date: August 2011 Review date: August 2017 Department / Division responsible: Document owner: Corporate Services Health & Safety Section Last reviewed by: Joanna Bingley Date last reviewed: August 2014 Impacts on other policies / guidance / documents (list): The procedure is made under Derbyshire Constabulary Health & Safety Policy Security Classification: Disclosable under FOI Act: YES Policy to be published on Intranet YES Policy to be published on Force Website YES Policy disclosable to public via FOI request N/A 3
2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with Equal Opportunity legislation and policies. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. To comply with the Safety Representatives and Safety Committees Regulations made under section 15 of the Health and Safety at Work etc Act 1974. The Regulations and Codes of Practice provide a legal framework for employers and trade unions to reach agreement on arrangements for safety representatives and safety committees to operate in their workplace. 3. Introduction The committee Terms of Reference detail committee membership and describe the purpose and structure of the force and local health and safety committees. 4. Terms of Reference 1) Aim of the Force Health and Safety Committee The force Health and Safety committee will act as the strategic focus for Health and Safety issues across the force using the Health and Safety Policy Statement as a basis to drive decision making. The committee will implement the policy statement through best practice and development of a Health and Safety management system. 2) Accountabilities of the Force Health & Safety Committee The force Health and Safety committee will be chaired by the Head of Corporate Services with responsibility for establishing and implementing a strategic framework for the local Health and Safety committees to achieve the aims below. The force Health and Safety committee shall: - Monitor trends in accidents, assaults, incidents and near miss data. Consider reports from the Health and Safety Executive and other external authorising bodies and make recomendations as appropriate. Make recommendations on new and amended Health and Safety legislation to ensure compliance. Refer actions arising from the force Health and Safety committee to the local health and safety committees for consideration and implementation. Evaluate outcomes of audits, reviews or inspections from internal and external bodies. 4
Review and evaluate Health and Safety training requirements making recommendations to the Force Training Commissioning Group. Raise awareness of health and safety and promote a positive safety culture. 3) Functions of local Health and Safety Committees The local committees will promote co-operation between employers and employees in instigating, developing and carrying out measures to ensure the Health and Safety at work of the employees and shall: - Report to the force Health and Safety committee any Health and Safety issues that cannot be resolved at local level. Bring to the committee items for consideration to be added to the local Health and Safety Risk Register. Study trends in accidents, assaults, incidents and near miss data and make suitable recommendations, and where possible, prevent similar incidents. Review accident investigations to ensure that learning outcomes are identified and actioned. Ensure the compliance of all relevant Health and Safety legislation regulations. Monitor and implement corporate generic risk assessments. Resolve significant outstanding Health and Safety issues arising from workplace inspections. 4) Membership The committees are comprised of management representatives, the Police Federation and UNISON representatives. The number of management representatives should not exceed the number of employees representatives unless otherwise agreed. The Force Health and Safety Committee shall comprise of: - Head of Corporate Services (Chair) Committee Secretary Head of Strategic Estates The elected Police Federation Health and Safety Representative The elected UNISON Health and Safety Representative Officer of the Office of the Police and Crime Commissioner Ex Officio Corporate Risk Manager Ex-Officio Health & Safety Advisers Ex-Officio Representative from HR Training Ex-Officio B, C, D Divisions, Operations Division, Crime Support committees shall comprise of: - Divisional Commander or Head of Department (Chair) Committee Secretary The elected Police Federation Health and Safety Representative The elected UNISON Health and Safety Representative Health and Safety Adviser Ex-Officio The Force Health and Safety adviser will be responsible for providing advice on policy, technical Health and Safety matters and legislative compliance. 5
Other Ex-officio members are responsible for providing specialist and technical advice as required. Representatives from other Departments or Consultants can be requested by the Chair to attend meetings as appropriate or as the agenda dictates, to provide specialist knowledge and advice. 5) Conduct of Safety Committees The chair of the committees, are responsible for ensuring Health and Safety Committee meetings are held three times a year to resolve safety issues and implement recommendations arising from the force Health and Safety Committee. Meetings should not be cancelled or postponed except in exceptional circumstances. If any permanent member of the committee cannot attend a meeting a deputy can be nominated in their absence. If the meeting has to be postponed, a date for the next meeting should be agreed and announced as soon as possible by the Committee Secretary. Other Departments may form a committee, with the agreement of the Force Health and Safety Committee, to address issues, which are not considered at any other committee The agreed minutes of each meeting will be supplied to every committee member as soon as possible after the meeting. A copy of the minutes will be published on the Health and Safety webpage. The dates of the meeting will be set annually. Members of the committee should be sent a copy of the programme giving the dates of the meeting. A copy of the agenda and any accompanying papers should be sent to all committee members at least one week before each meeting. 6) Joint Consultation Derbyshire Constabulary actively supports and participates in the consultative arrangements established through discussion with the Staff Associations in line with, Safety Representatives and Safety Committee Regulations 1977 as amended by the Health and Safety (Consultation with Employees) Regulation 1996 and the Management of Health and Safety at Work Regulations 1999. 6
Derbyshire Constabulary Governance Structure Chief Constable DCC ACPO Lead Force H&S Committee B Division C Division D Division Operations Division Crime Support Local Committees 7
5. Monitoring and Review The Head of Corporate Services is responsible for monitoring the implementation and impact of these Terms of Reference. The procedure will be reviewed if there is a change of legislation, otherwise it will be reviewed 3 years from its implementation date and the outcome of the monitoring process will inform this review. 6. Appeals Process If a member of staff has an issue with the Terms of Reference they should raise this in the first instance to the Author in the Health & Safety Section. Members of the public who take issue with the application of these Terms of Reference have recourse to the Police Complaints System. 8
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