Appendix - Health and Safety Obligations

1. Introduction

To ensure compliance with its duties under health and safety law, the Group has implemented a Health and Safety Framework & health and safety policy with the following organisational structure.

2. The Board

2.1 Appointed members of the Board should:

Understand that overall responsibility for health and safety rests with them as Board members.
Understand upon whom as an employer the responsibility for compliance with health and safety law falls within their undertaking
Understand who within their undertaking is tasked with handling health and safety matters.
Be aware of the existing health and safety policy, practices and procedures that apply to their undertaking.
Ensure appropriate levels of health and safety management exist in the organisation.
Inquire of the Chief Executive (CE) and Executive Leadership Team (ELT) and the Health and Safety Working Group (HSWG) regularly as to whether or not health and safety policy, practices and procedures are in place and working satisfactorily.
Where they are not working satisfactorily, ensure they address their concerns to the CE and ELT and the HSWG and require appropriate action.
Seek and gain assurances that the process is working effectively within their undertaking and is legally compliant.
Understand and monitor the H&S risks across the business and receive assurance from the ELT and the HSWG that these are being managed and mitigated effectively

2.2 The Board requires that the HSWG monitors the management of health and safety and reports to the Board.

2.3 The Board requires that engaging the Group’s workforce via the relevant Committees in the promotion and achievement of safe and healthy conditions is considered to be a priority.

3. Board Committees

3.1. The Audit and Risk Committee (ARC) will provide Board with assurance in respect of the risk management of H&S across the Group.

3.2. The ARC is responsible on behalf of the Board for establishing the framework for the identification and management of risk and ensuring effective internal controls.

3.3. The Development and Assets Committee (DAC) is responsible for monitoring H&S risks and compliance in relation to property investment.

3.4. The DAC will provide Board with assurance on the condition of stock and advice in relation to necessary improvement works to buildings including around H&S.

4. The Health and Safety Working Group

4.1. The HSWG will be the body primarily tasked with developing the health and safety practices and procedures required for putting this Policy into place, and to advise on revisions to the Policy as they are required.

4.2. The composition and functions of the HSWG are detailed in the Terms of Reference document.

4.3. Meetings will be held every quarter or more frequently if required.

4.4. The Chair of the HSWG will report the proceedings of the Group directly to the CE and ELT following each meeting and the Board will be provided with the draft minutes and key issue summary of each HSWG meeting together with H&S report.

5. Chief Executive

5.1. The CE has overall responsibility for the effective planning and implementation of the health and safety policy and ensuring that adequate resources are made available to achieve them.

5.2. The CE should:

Understand that as an employer the responsibility for compliance with health and safety law falls within their undertaking.
Know who within their undertaking is tasked with handling health and safety matters.
Be aware of the existing health and safety policy, practice and procedures that apply to their undertaking.

5.3. Along with the HSWG, the Chief Executive will:

Ensure that the health and safety policy is implemented throughout the Group.
Ensure that the practices and procedures are implemented throughout the Group by ensuring that the appropriate officers put into place the appropriate practices and procedures described in this Policy.
Ensure in conjunction with the ELT that the Group’s Policy, practices and procedures are regularly reviewed and developed where appropriate.
In conjunction with the ELT ensure adequate resources and training are available for the implementation of health and safety measures.
Ensure that the health and safety management system is kept up to date and effective.
Ensure in conjunction with the ELT that the HSWG is undertaking its work effectively and require its improvement if it is not.
Ensure that, following information and guidance received from the HSWG or elsewhere, adequate provision is made for the planning, organising, monitoring and reviewing of health and safety.
Ensure that the utilisation of relevant committees to discuss safety related details, information and guidance is promoted and implemented.

6. Executive Leadership Team

6.1. The ELT:

Is responsible for supporting, driving and ensuring the implementation of this Policy and health and safety practices and procedures within their areas of responsibility.
Shall in conjunction with the CE ensure adequate resources and training are available for the implementation of health and safety measures.
Shall in conjunction with the CE take part in discussions and the decision making process on the management of health and safety, including setting the strategic direction of policy.
Shall in conjunction with the CE ensure that the HSWG is undertaking its work effectively and require its improvement if it is not.
Shall ensure systematic reporting on ongoing health and safety compliance and any perceived new risks or failures of existing controls.

7. Supervisory Management

7.1. Every person recognised as being in a supervisory position within the Group:

Should understand upon whom as an employer the responsibility for compliance with health and safety law falls within their undertaking.
Should be aware of the health and safety policy, practice and procedures that apply to the areas of the Group’s undertaking for which they are responsible.
Should take all necessary steps to implement that policy, practice and procedure in the areas of the Group’s undertaking for which they are responsible.
Should monitor the policy, practice and procedures to ensure they are effective in the areas of the Group’s undertaking for which they are responsible.
Should ensure adequate resources and training are available for the implementation of health and safety measures.
Should ensure that employees or their representatives are involved in decisions that affect their health and safety.
Should report systematically any perceived new risks or failures of existing controls to ensure, where necessary, that a full investigation is carried out and appropriate remedial action taken.

8. The Managers

8.1. Managers are responsible for:

Implementing the health and safety policy, practices and procedures in their areas of responsibility.
Should report systematically on ongoing health and safety compliance and any perceived new risks or failures of existing controls to their respective Assistant Director or Head of Service.
Managers should be aware of their own accountability for individual health and safety risks.
The Operational Leadership Team (OLT) will review h&s matters on a regular basis and take appropriate steps in conjunction with the Assistant Director of Health and Safety Compliance and others to maintain a high standard of h&s performance.

9. Individual Responsibilities

9.1. All employees must:

Co-operate in implementing the requirements of this Policy and all health and safety practices and procedures.
Undertake training and refresher courses relevant to their activities and equipment as advised by their line manager and/or employee development/health & safety teams.
Refrain from doing anything, which constitutes a danger to themselves or others.
Immediately bring to the attention of their line management any situations or practises that are noted which might lead to injuries or ill health.
Ensure that any equipment issued to them or for which they are responsible, is correctly used and properly stored.
Be responsible for good housekeeping in the area in which they are working.
Promote safe working practices.

10. Contractors

10.1. The Group understands that it can be liable for a breach of health and safety law resulting from acts or omissions by one of its Contractors.

10.2. Therefore, the Group requires that all Contractors working on the Group’s premises or sites for and/or on behalf of the Group comply with all relevant health and safety law.

10.3. Whilst Contractors are legally responsible for their own workforce and for ensuring that their work is carried out in a safe manner and without risk to the Group’s employees and others who may be affected, the Group will ensure that it provides all relevant health and safety information available to the Group to the Contractors.

10.4. The Group will ensure that the ability of a Contractor to comply with its health and safety obligations is properly considered in the procurement process for any work for that contract. Contractors unable to demonstrate necessary ability will not be engaged.

10.5 Contractor H&S performance will be monitored as part of general performance management. Where necessary, improvements will be required. In very severe cases of failure to meet obligations, contractual remedies will be used including in the most servere cases, termination.

11. Communication

11.1. The Group will nominate an appropriate person with specific responsibility for health and safety on each Group site or work premises. Details of the nominated person will be prominently displayed/notified to employees or alternatively, and if applicable, entered into documentation related to that site.

12. Internal Operatives’ Teams

12.1. The Group recognises and accepts its responsibility as a good employer for ensuring the health, safety and welfare at work of all employees and to ensure that the health and safety of residents, visitors to our premises, contractors and that the general public are not adversely affected as a result of operative activities.

12.2. The operatives’ teams are to report to the relevant competent person (usually their line manager or, if specialist advice required, the Health and Safety Team) what works they are to undertake so the competent person can ascertain whether or not a new risk assessment should be undertaken due to a material change in the risk profile.

13. Arrangements - Consultation, Training and Advice

13.1. The Group is committed to actively involving employees in the maintenance and discussion of health and safety standards, and to provide them with adequate information, instruction and training.

13.2. Training needs of employees will be periodically reviewed to ensure appropriate skills and knowledge of individuals is consistent with personal development within the Group and the commercial benefit of the organisation.

13.3. All employees of the Group must ensure they perform tasks requiring training or qualifications only if they have been adequately trained/qualified and have received all relevant information to perform such task in a manner that will not create insufficiently controlled risk to themselves or others who may be affected by their activity.

13.4 Where applicable the Employee Consultative Committee will be consulted.

14. Near Miss, Incident and Accident Reporting

14.1. The Group will comply with its requirements of its Accident, Incident & Near Miss procedure and the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

14.2. Employees must report all near misses, incidents and accidents promptly to their managers and where criteria met, via dedicated reported software. Depending on the nature of event an investigation may be required by appropriate person with any appropriate action to be implemented. This includes any work-related motor incidents.

14.3. The Health and Safety Team will review all reports logged and assist with appropriate action.

14.4. A summary of valid Reports will be reported to OLT. If urgent/significant, reports will be escalated immediately to the ELT and the HSWG. Severe incidents may also require immediate reporting to the CE and Chair of the Board by the ELT.

14.5. The OLT & ELT, in conjunction with the CE and the Board, are to take appropriate action in respect of preventing future near misses, incidents and accidents having considered the advice of the Assistant Director of Health and Safety Compliance and the HSWG.

14.6. Health and safety notifications are made via dedicated software, general enquiries are directed to the team at: Health&SafetyTeam@fairhive.co.uk.

15. Competent Advice and Support

15.1. The ELT are committed to ensure suitable and competent advice on health and safety matters is readily available to all employees and have therefore appointed employees with suitable skills, knowledge, qualifications and experience to perform that task.