Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 16 December, 2013
Report of the Leader
Health and Safety Enforcement Service Plan 2013/14
Purpose of the Report
1. To obtain Cabinet approval for the Council's Health & Safety Enforcement Service Plan 2013/14.
1. THAT the Health & Safety Enforcement Service Plan at Appendix 1 be approved.
2. THAT the report be referred to Scrutiny Committee (Housing and Public Protection).
Reasons for the Recommendations
1. To ensure the Council has robust arrangements in place to deliver it’s obligations as an enforcing authority under the Health and Safety at Work etc Act 1974 and comply with statutory guidance.
2. For consideration by Housing and Public Protection Scrutiny Committee.
2. The Vale of Glamorgan Council is an 'enforcing authority' under the Health & Safety at Work Act 1974 and is required by section 18 of the Act to set out its arrangements for discharging that duty. The Health & Safety Enforcement Service Plan sets out these arrangements.
3. The Service Plan sets out the resources available to deliver the service, delivery models and links with other partners and stakeholders. It also details the type and number of interventions to be used.
4. The Council's role in Health & Safety enforcement includes responsibilities ranging from the investigation of workplace accidents and fatalities, the inspection of a wide range of work premises to the safe storage of petrol and fireworks.
5. There are approximately 1,900 workplaces in the Vale of Glamorgan in respect of which the Council is the enforcing authority for Health & Safety. All premises rated as high risk will be inspected during the year. Enforcement action taken where necessary could include informal notices, Improvement Notices and Prohibition Notices.
Relevant Issues and Options
6. Local authorities have a duty to produce a Health & Safety Enforcement Service Plan that makes clear their arrangements for contributing to current Health & Safety Commission priorities. The Plan needs to take account of local needs while addressing national priorities as set out by the Health & Safety Commission in its Strategic Plan. The Plan must identify both reactive and proactive work and include details of planned promotional and educational activities and the how the resources identified in the plan will be met.
7. Local authorities are required to demonstrate that they have effective routes for communication on Health & Safety enforcement issues with policy & decision makers. It is proposed therefore that Cabinet approves the
Resource Implications (Financial and Employment)
8. Work to deliver the Health & Safety Enforcement Service Plan will be carried out within existing Public Protection resources.
Sustainability and Climate Change Implications
9. None directly arising from this report and its recommendations.
Legal Implications (to Include Human Rights Implications)
10. The Council has a statutory duty to provide a Health & Safety Enforcement service. Under the Health and Safety at Work etc Act 1974 section 18(4) all local authorities have a legal duty to make adequate arrangements for the enforcement of statutory provisions and any other duty imposed upon them under the guidance of the Health and Safety Commission (HSC). The guidance issued, commonly known as â€˜section 18 guidance’, is mandatory.
Crime and Disorder Implications
11. None directly arising from this report.
Equal Opportunities Implications (to include Welsh Language issues)
12. The Health & Safety Enforcement Service Plan provides a basis for open and transparent Health & Safety law enforcement.
13. To improve the health and wellbeing of residents and visitors by delivering a range of targeted and accessible services.
Policy Framework and Budget
14. This report is a matter for Executive decision.
Consultation (including Ward Member Consultation)
15. This report is not ward specific.
Relevant Scrutiny Committee
16. Housing and Public Protection
Leah Harris - Environmental Health Officer
Richard Price - Legal
Mike Bumford - Finance
D R Thomas
Director of Development Services