| This 
                            part of the website looks at HSEs responsibility 
                            for enforcing health and safety law in prisons. It 
                            also looks at the responsibility of the Home Offices 
                            Fire Service Inspectorate conerning fire safety'.
 It summarises the contents of an "Operational 
                            circular" produced by the HSE for its inspectors 
                            called "Prison Service Organisation, Management 
                            and Inspection"
  
                            This 
                              is the only website that allows access to this document. 
                              Although this is an open document, it 
                              is not available on HSEs website. You 
                            can download this document below, but you will probably 
                            find it easier to read this webpage first as it explains 
                            the situation more clearly, provides a commentary, 
                            and allows you to access other relevant documents. 
                            
 To download the operational circular, by Clicking 
                            Here. (word)
 The 
                            HSE has censored certain information from this Operational 
                            Circular. This relates to: Risk Assessments and Instruction and Advice 
                            to Governors;
  Risk Assessment and Staffics Levels;
  Cell Sizes;
  Enforcement Considerations.
  Fire Precautions and Cell Fire Rescue
 
 The HSE says that this can not be disclosed since 
                            this "would harm the frankness and candour or 
                            internal discussion". The CCA has challenged 
                            this ruling.
 
 To read more about HSEs policy on Disclosure, 
                            click here
 
 Index
 
 
 
 Who 
                            Inspects and investigatesThe Health and Safety at Work Act 1974 and associated 
                            regulations are enforced by the HSE. Within HSE, there 
                            is a division called Field Operations Division, and 
                            within that there is a unit called "Services 
                            Sector Crown, Fire and Police Unit". It is inspectors 
                            from this unit who have responsibility for inspecting 
                            prisons.
 
 Fire safety law  the Fire Precaustions Act 1971 
                            (FPA) and the Fire 
                            Precautions (workplace) Regulations 1997 is enforced 
                            by the Crown Premises Group (CPIG) of the Home Offices 
                            Fire Service Insepctorate. It should be noted that 
                            Prisons are exempt from the normal requirement, set 
                            out in the FPA 1971 to have a Fire Certificate.
 
 Crown 
                            BodiesBoth HM Prison Service of England and Wales and the 
                            Scottish Prison Service are Crown Bodies. As a result, 
                            although health and safety and fire law applies to 
                            them, HSE (and Fire Service) inspectors cannot impose 
                            binding enforcement notices or prosecute.
 
 As with all Crown Bodies, informal procedures have 
                            been developed by the HSE to try to obtain compliance. 
                            To see more about how the HSE deals with Crown Bodies, 
                            Click Here.
 
 
 
  
                            What incidents within a prison 
                            are reported to the HSEThe Prison Service  like any other employer 
                             has responsibility for reporting certain deaths 
                            and injuries to the HSE.
 
 Injury to employees: In relation to most deaths 
                            and injuries suffered by prison staff, the obligations 
                            to report are straightforward. Deaths, major injuries 
                            and over-three day injuries, suffered by employees, 
                            should be reported. This includes deaths and injuries 
                            to prison staff that results "from an act of 
                            non-consensual physical violence." To find out 
                            more about the obligations upon employers to report 
                            injuries suffered by employees, Click 
                            Here.
 
 Injury 
                            to inmates: In relation to deaths and injuries 
                            to inmates, an injury would be reportable if: 
                             
                              |  | it resulted from an "accident", and |   
                              |  | the "accident" arose "out of or 
                                in connection with" the work of the prison, 
                                and |   
                              |  | the 
                                injured person dies or is taken from the site 
                                of the "accident" to a hospital for 
                                treatment (whether or not any treatment is given 
                                when they got there). |  The 
                            key question therefore is whether the injury was sustained 
                            as a result of an "accident" as defined 
                            by the Reporting of Injuries, Diseases and Dangerous 
                            Occurences Regulations 1995 (RIDDOR 95). This states 
                            that an injury to a member of the the public 
                            resulting from deliberate action directed at that 
                            individual, would not be regarded as arising from 
                            an 'accident', and hence would not be reportable.
 However an injury to an inmate, may be reportable 
                            if it arises from an unintentional result of 
                            prison staff action.
 
 
                             
                              | In 
                                effect, any death of a prison inmate which might 
                                be the result of neglect, gross neglect or recklessness, 
                                or simply the result of 'accidental' conduct  
                                rather than any deliberate intention to kill - 
                                on the part of the prison staff, will be reportable |  Suicides 
                            in prisons: The only suicides that are reportable 
                            to the HSE are those which take place on a "relevant 
                            transport system". Suicides in prisons are therefore 
                            not reportable 
 This 
                            fact that an incident is not reportable to the HSE 
                            does not however mean that the HSE can not or should 
                            not investigate it; for example, the violence or the 
                            suicide may raise issues about the adequacy of the 
                            working practices of the prison (see below)
 
  
                            Health and Safety of Staff 
                            and inmatesThe HSE inspectors should be concerned about the health 
                            and safety of both the staff and the inmates.
 
 Employees: The prison services obligations 
                            to its employees are the same as they are for any 
                            employer. Section 2(1) of the Health and Safety at 
                            Work Act 1974 state that:
  
                            It 
                              shall be the duty of every employer to ensure, so 
                              far as is reasonably practicable, the health. safety 
                              and welfare at work of all his employees. Section 
                            2(2) states that this includes the
 
                             
                              |  | provision 
                                of safe systems of work and equipment |   
                              |  | arrangements 
                                for safe use, handling, storage and transport 
                                of articles and substances |   
                              |  | provision 
                                of adequate information, instruction, training 
                                and supervision 
 |  To 
                            see more about these duties, Click 
                            Here. These general duties are buttressed by a 
                            number of different regulations. 
 Inmates: In relation to the Prison Services 
                            obligations towards inmates, section 3 (1) of the 
                            Health and Safety at Work Act states that:
  
                            "It 
                              shall be the duty of every employer to conduct his 
                              undertaking in such a way as to ensure, so far as 
                              is reasonably practicable, that persons not in his 
                              employment who may be affected thereby are not thereby 
                              exposed to risks to their health or safety." It 
                            should be noted that whilst the Prison Service has 
                            a duty in relation to the welfare of its employees 
                            it does not have have a duty to the welfare 
                            of its inmates.   The 
                            extent to which the HSE does and should enforce section 
                            3 in relation to the prison is a key issue. 
 To read about the application of section 3 in general, 
                            Click Here
 
 To read specifically about the application of section 
                            3 in relation to prison, Click 
                            Here
 
 Private 
                            PrisonsHM prison Services has planned for 13 private prisons 
                            to be operated by the private sector in Engalnd and 
                            Wales. 7 of which would be deisnged, built, finances 
                            and run by private contractors.
 
 The Scottish Pison Service
 
 In each private prison, a respresentive of the Home 
                            Office of the Scottish Office should be located on 
                            site, as a "controller". The Controllers 
                            function is to montor contract performance, investigate 
                            allegations against custodial staff and assume repsonsiblity 
                            for adjudications in prison disciplinay matters. All 
                            other staff on site will be employed by the contractors.
 
 The Contractors do not have Crown Immunity and normal 
                            enforcement procedures should be used the HSE.
 
 
 Who Runs Prisons
 Prisons are run by one of two different organisations:
 
 
                             
                              |  | HM 
                                Prison Service in England and Wales. This is an 
                                agency of the Home Office and is run by a Director 
                                General. Within the service is the Health and 
                                Safety Policy Unit (HASPU) |   
                              |  | Scottish 
                                Prison Service. This is an agency of the Scottish 
                                Office and is run by a Chief Executive. |  HM Prison Service runs 138 prisons, remand centres and 
                          young offenders institutions  holding almost 71,000 
                          inmates, with over 40,000 staff, of whom 28,000 are 
                          uniformed prisoner officers.
 The 
                            Scottish Prison Service holds about 6000 inmates in 
                            22 establsihments (19 prisons and 3 special units) 
                            with a staff of 4,700.
 
 Management 
                            of PrisonsThe manner in which the Prison Service manages prisons 
                            is set out in HSEs Operational Circular which 
                            is set out in paras 21 to 29 which are set out in 
                            full here.
.
 
 
 
                             
                              | 21 | Prison 
                                management is formally structured. In England 
                                and Wales there are 12 area managers reporting 
                                to 2 directors of operations (North and South), 
                                who sit on the Prisons Board. Each area manager 
                                is responsible for a number of prisons on a roughly 
                                geographical basis. The Scottish Prison Service 
                                has 2 area directors who report to the director 
                                of custody. |   
                              | 22 | Prison 
                                Service Headquarters produces large numbers of 
                                policies on a wide range of issues, eg security, 
                                fire precautions, contingency plans (these can 
                                cover emergencies such as feeding the inmates 
                                if the kitchens go out of action, outbreaks of 
                                contagious diseases, evacuation procedures), etc. 
                                Whilst each prison will produce its own safety 
                                policy, some of the specific policies and arrangements 
                                are set down in these centrally produced policies. 
                                An example is prisoner transfers or movements. 
                                This is a regular activity at all prisons, as 
                                prisoners are transferred, taken to court or hospital. 
                                The procedure is risk-assessment based and frequently 
                                involves liaising and cooperating with other bodies 
                                outside the prison. The policy and procedures 
                                for organising such transfers may not, however, 
                                be found within the safety policy, but within 
                                other policy documents dealing with security. 
                                Inspectors should bear this in mind when assessing 
                                a prison management's safety policy. |   
                              | 23 | The 
                                officer in charge of a prison is the governor 
                                (sometimes known as the governing governor, as 
                                distinct from other governor grades). His/her 
                                grade may be governor 1, 2 or 3, depending on 
                                seniority and the complexity of the prison. Below 
                                them are various less senior governor grades; 
                                the head of management services (HoMS), who is 
                                a Treasury grade; medical staff; works staff; 
                                etc. |   
                              | 24 | The 
                                responsibilities of the senior prison managers 
                                are described below: 
 
                                   
                                    | 1 | head 
                                      of custody (HoC): deputy governor, responsible 
                                      for custodial areas, security, etc; |   
                                    | 2 | head 
                                      of operations: reports to the HoC, responsible 
                                      for visits, security, escorts, dogs, etc; |   
                                    | 3 | head 
                                      of residential services: reporting to the 
                                      HoC, responsible for residential areas, 
                                      ie the wings and cell-blocks. The wing managers 
                                      would report to the head of residential 
                                      services. |   
                                    | 4 | head 
                                      of management services: responsible for 
                                      the administration of the prison. Often 
                                      appointed health and safety coordinator, 
                                      with responsibility for day-to-day managing 
                                      and organising the prison's health and safety 
                                      policies and systems; including chairing 
                                      the health and safety committee. |   
                                    | 5 | head 
                                      of works: manages the works department, 
                                      which maintains the fabric of the prison 
                                      and its estate. Will have uniformed and 
                                      non-uniformed trades working for them. As 
                                      with HoMS, frequently appointed as health 
                                      and safety coordinator. |   
                                    | 6 | head 
                                      of regimes (also known as head of inmate 
                                      activities): oversees the regimes of the 
                                      day-to-day activities of the prisoners, 
                                      ie manufacturing workshops, education, catering, 
                                      physical education, ensuring prisoners get 
                                      from A to B, etc. The industrial manager, 
                                      who has more specific responsibility for 
                                      managing certain of the industrial activities 
                                      and workshops, normally reports to the head 
                                      of regimes/inmate activities. |   
                                    | 7 | head 
                                      of medical services: medical officer who 
                                      normally has responsibility for inmate health 
                                      care, overseeing the hospital or health 
                                      centre facilities. Does not normally have 
                                      a role in occupational health for prison 
                                      officers. |   
                                    | 8 | .establishment 
                                      health and safety advisers have been appointed 
                                      in about 50 prisons, recommended to be at 
                                      Higher Professional and Technical Officer 
                                      (HPTO) level and with NEBOSH qualification. 
                                      This post is intended to be distinct from 
                                      the health and safety coordinator, who has 
                                      a management role. |  |   
                              | 25 | There 
                                are 3 ranks of uniformed officers: principal officer 
                                (2 pips on shoulder), senior officer (one pip 
                                on shoulder) and normal grade prison officers. 
                                Particular disciplines of uniformed staff can 
                                be identified by a letter on their epaulette, 
                                eg W = works, H = health care, A = auxiliary. |   
                              | 26 | Most 
                                prison officers are members of the Prison Officers 
                                Association (POA), or the Scottish Prison Officers 
                                Association, which are active in the field of 
                                health and safety and will often refer issues 
                                to local inspectors. The Crown, Fire and Police 
                                Unit has met the trade union side of the Prison 
                                Service Health and Safety Committee, including 
                                support staff unions, on several occasions. |   
                              | 27 | Inspectors 
                                may also meet with operational support grades 
                                (OSG), formerly known as prison auxiliaries and 
                                night patrols. They are uniformed staff with a 
                                minimal amount of prison officer training. They 
                                are mostly used for escort duties, searching, 
                                taking visitors or contractors around the prison, 
                                or gate duties. They may have some contact with 
                                prisoners. |   
                              | 28 | An 
                                example of a management tree of a typical prison 
                                is given at the appendix. |   
                              | 29 | Within 
                                a prison, many non-uniformed staff will also be 
                                found. There will be numbers of administrative 
                                staff, catering staff, industrial trades, along 
                                with educational and instructional staff. There 
                                will also be many visitors, both official and 
                                personal. Visitors could include police, probation 
                                officers, priests or other religious officials, 
                                contractors such as builders, teachers, solicitors, 
                                and of course families. |  To 
                            see information on the different kinds of prisoners 
                            within prisons and how they are dealt with, Click 
                            Here
 
 
 Particular Health and Safety 
                          Issues
 The Operational Circular gives advice to inspectors 
                          on a number of specific health and safety issues. These 
                          are set out below
 
 Occupational Health
 Violence 
                          to Staff
 Microbiological Issues
 Cell Searches and Electrical Safety
 Fire Precautions and Cell Fire Rescue
 
 
 
 Occupational Health
 
 
                             
                              | 35 | In 
                                Spring 1999, HM Prison Service published the report 
                                of its ad hoc Health Advisory Committee to Home 
                                Office Ministers and the Prison Board into the 
                                provision of occupational health services. While 
                                particular services such as Hepatitis B vaccination, 
                                stress counselling and sickness monitoring were 
                                currently provided for employees, the report accepted 
                                that there was a lack of central coordination 
                                and control, leaving the Prison Service little 
                                information overall on occupational health issues. 
                                The report made a number of recommendations, from 
                                headquarters to prison establishment level, aimed 
                                at achieving the necessary improvements. In response, 
                                an Occupational Health Steering Group was set 
                                up in May 1999, with HSE representation, to develop 
                                a strategy for occupational health and monitor 
                                a 12-month pilot scheme in 8 prisons. |  
 
 
 Violence to Staff
 
                             
                              | 36 | Violence 
                                to staff within the prison service is a major 
                                problem: assaults comprised almost 26% of all 
                                injuries reported under the Reporting of Injuries, 
                                Diseases and Dangerous Occurrences Regulations 
                                1995 (RIDDOR) to prison staff in England, Scotland 
                                and Wales in 1998/99. Both prison services put 
                                a lot of effort into reducing the risks arising 
                                from this problem. Policies do exist within the 
                                prison services and the prisons themselves, but 
                                not usually as a distinct safety policy document 
                                on violence to staff. The policies and procedures 
                                are instead to be found in a number of areas, 
                                such as: levels of staffing and supervision, control 
                                of prisoner privileges, separation and movement 
                                of prisoners, and contingency plans. There are 
                                internal systems for reporting violent incidents 
                                (collated nationally), recording noteworthy events 
                                or behaviour on each wing and communicating these 
                                to each new shift or the control room. Further 
                                measures include control and restraint training 
                                (C&R), provision of alarms throughout the 
                                wings, personal alarms and radios, and anger reduction 
                                classes/therapy. |   
                              | 37 | Levels 
                                of C&R competence are a very important part 
                                of the prison services' approach to controlling 
                                violence from inmates. Two levels of C&R training/competence 
                                exist: 
 
                                   
                                    | (1) | basic 
                                      training - breakaway techniques; application 
                                      of simple restraint techniques; 3-officer 
                                      teams for cell rescue/intervention; and |   
                                    | (2) | advanced 
                                      training - public order techniques for riot 
                                      control. |  |   
                              | 38 | All 
                                newly-trained prison officers will have had basic 
                                training. Officers with longer service will usually 
                                have had training in similar techniques in the 
                                past. Each prison is also expected to maintain 
                                a cadre of officers trained to advanced level. 
                                These make up part of a geographical or regional 
                                resource, that can be called on by other prisons 
                                in times of crisis. Advanced-trained officers 
                                are equipped in the same way as police support 
                                units, ie Nato helmet, fire resistant overalls, 
                                boots, shin pads, full length or half length polycarbonate 
                                riot shields, etc. These officers will have periodic 
                                training sessions which can be very realistic, 
                                though in the interests of safety, wooden blocks 
                                are used instead of bricks, and real fire extinguishers 
                                are no longer thrown. |   
                              | 39 | As 
                                described above, prisons will have large numbers 
                                of staff who are not prison officers, some of 
                                whom will have regular contact with inmates. There 
                                should be procedures in place governing their 
                                access to wings and other areas when inmates are 
                                present; and arrangements for escorts if necessary. 
                                They will have been trained in prison security 
                                procedures - use of alarms and keys - and breakaway 
                                techniques. All staff are usually offered training 
                                in dealing with hostage taking situations: there 
                                are set procedures to be followed in such situations, 
                                until a trained negotiator can attend. Equally, 
                                there should be set procedures for non-prison 
                                service visitors, including inspectors (ref FOD 
                                Health and Safety Policy Supplement 02). Some 
                                will need to be escorted; some who visit regularly, 
                                such as clergy, teachers, etc may need little 
                                assistance. The procedures and precautions required 
                                will ultimately depend on the individual, the 
                                area to be visited and the profile of the inmate(s). 
                                They should be the subject of appropriate risk 
                                assessments. |  
 
 
 Microbiological Issues
 
 
                             
                              | 40 | Risks 
                                arising from microbiological hazards are a major 
                                issue within prisons. The most significant risk 
                                arises from contact with blood and body fluids/products, 
                                but prison farms and certain other work activities 
                                can also expose prison staff and inmates to harmful 
                                biological agents. The conditions associated with 
                                blood include HIV and Hepatitis B, whilst the 
                                body fluids and products are sources of a wide 
                                range of organisms. 
 [Exempted Material]
 |   
                              | 41 | Blood 
                                and body fluids/products can be encountered in 
                                a number of ways. These include blood spills from 
                                accidents, assaults and suicides; human bites; 
                                needle stick injuries from drug taking equipment; 
                                dirty protests; faeces or urine thrown from cells 
                                (less of a problem with increasing in-cell sanitation); 
                                as well as normal maintenance work. Assessments 
                                made under COSHH should be produced for any activity 
                                where there is potential for infection or contact 
                                with infected/potentially infected materials. 
                                Any such assessments should be made with reference 
                                to the COSHH Biological Agents ACOP and COSHH 
                                schedule 9 (both in file 273). Assessments have 
                                been found wanting in a number of areas, particularly 
                                the cleaning up of major blood spillages, dirty 
                                protests where a cell may need to be cleaned 
                                with a pressure washer and routine maintenance 
                                work in areas where faeces have been deposited 
                                or thrown. As a result, a number of Crown improvement 
                                notices have been issued. |   
                              | 42 | The 
                                prison services have extensive policies on both 
                                HIV and Hepatitis B: copies of Prison Service 
                                Order Blood borne and related communicable diseases 
                                are available to inspectors from the Crown, Fire 
                                and Police Unit. This provides information on 
                                how to deal with infected prisoners. 
 [Exempted Material]
 
 Universal precautions should be used when handling 
                                any blood or body fluid/product spill, and many 
                                prison officers carry a pouch on their belts with 
                                gloves, resusci-aid, etc. Spill packs are also 
                                normally kept on wings to soak up and sterilise 
                                blood/fluid spills.
 |   
                              | 43 | Both 
                                HIV and Hepatitis B are Group 3 organisms under 
                                the Advisory Committee on Dangerous Pathogens 
                                (ACDP) classification. Hepatitis B is also one 
                                of the pathogens where records of last exposure 
                                must be kept for 40 years. Further guidance on 
                                work with these organisms can be found in the 
                                ACDP guidance on categorisation of biological 
                                agents, and protection against blood borne infection 
                                in the workplace. Prison Service policy is that 
                                free vaccine on request is available to all prison 
                                staff who come into contact with inmates, normally 
                                administered by the individual's own general practitioner, 
                                but prisons will vary in their ability to keep 
                                proper records of those vaccinated and their immune 
                                status. Vaccination is regarded by the Prison 
                                Service as an additional safeguard, not a control 
                                measure. |   
                              | 44 | Tuberculosis 
                                (TB) is a matter of concern in prisons, not least 
                                because the emergence of antibiotic resistant 
                                strains and the susceptibility of prisoners already 
                                infected with HIV. Tuberculosis is usually spread 
                                by inhalation of water droplets contaminated with 
                                the bacteria. Prisoners known to be infected with 
                                TB must be isolated until the infectious stage 
                                of the disease has passed. HM Prison Service policy 
                                is that staff who have not previously been given 
                                a BCG vaccination and who show, when tested, a 
                                negative reaction to tuberculin (indicating no 
                                past tuberculous infection) are advised to receive 
                                the vaccine. |   
                              | 45 | The 
                                Prison Service recognises the potential risk of 
                                legionellosis arising from hot and cold water 
                                systems. Their stated policy is that these water 
                                systems should be tested regularly. |  
 
 
 Cell 
                            Searches and Electrical Safety
 
                             
                              | 46 | Cells 
                                will be regularly searched by prison officers. 
                                They look for drugs, other contraband, weapons, 
                                etc. There are set policies on how and when such 
                                searches are to be conducted. Carrying out cell 
                                searches can give rise to a number of risks, in 
                                particular potentially infectious needles/sharps 
                                used in drug taking (referred to as works) 
                                and unsafe electrical equipment or wiring. |   
                              | 47 | There 
                                have been considerable problems in the past with 
                                the illegal abstraction of electricity 
                                (a potential breach of prison disciplinary rules) 
                                by prisoners in their cells. This basically involves 
                                the prisoner breaking in to the mains electrical 
                                supply within the cell via the light fitting or 
                                switch. This can be done for a number of reasons: 
                                to run radios and other equipment, stills, or 
                                to electrify the door or another part of the cell 
                                so as to cause injury. These installations were 
                                usually found by prison officers searching the 
                                cells, sometimes with the result that the officer 
                                received an electric shock. |   
                              | 48 | The 
                                extent of the problem varies greatly between prisons. 
                                Various programmes have been put into place to 
                                attempt to control/reduce it, including the provision 
                                of protected 240 V supplies to cells, 12 V supplies 
                                and the provision of rechargeable batteries. Implementation 
                                of these programmes has sometimes been compromised 
                                by the cost of the necessary modifications, so 
                                a variety of systems may be found in practice. |  
 
 
 Fire 
                            Precautions and Cell Fire Rescue  
                             
                              | 55 | Fires 
                                are not uncommon in prisons and often between 
                                50 and 70% are cell fires. In 1995 the Prison 
                                Service in England and Wales recorded 612 incidents, 
                                of which 48% were malicious and 70% were cell 
                                fires. Prisoners are allowed to have smoking materials 
                                in their cells and unsafe electrical systems have 
                                already been referred to at para 47. As far as 
                                possible, items of furniture, bedding and clothing 
                                are made of fire retardant materials, although 
                                this does not extend to the inmates' clothing 
                                and private effects. |   
                              | 56 | General fire precautions in Crown premises are 
                                enforced by the Crown Premises Inspection Group 
                                (CPIG) of the Home Office's Fire Service Inspectorate. 
                                However, prisons were exempted from the requirement 
                                for fire certification under the Fire Precautions 
                                Act 1971, and CPIG took the view that it did not 
                                have an enforcement role in prisons under the 
                                Act. In practice, the Prison Services' own fire 
                                safety advisors assumed that role. However, prisons 
                                are included within the scope of the Fire Precautions 
                                (Workplace) Regulations 1997 (FP(W) Regulations), 
                                and CPIG is the nominated enforcing authority. 
                                The prison ship, HMP the Weare is subject to the 
                                FP(W) Regulations, again enforced by CPIG. |   
                              | 57 | Cell 
                                fires may be started for a number of reasons: 
                                as a suicide attempt, as an attack on someone 
                                else or their property, or as an attempt to get 
                                attention. Prisoners will often barricade the 
                                door to their cell or threaten prison officers, 
                                making it difficult to enter the cell to fight 
                                the fire. To make it easier to extinguish cell 
                                fires, many modern cell doors are fitted with 
                                inundation points that allow the entry of a hose 
                                nozzle. |   
                              | 58 | Frequently, 
                                where cells are on fire and someone may be trapped 
                                or being held inside, the cells may need to be 
                                searched or entered by prison officers. In the 
                                past this had to be done without PPE or with smoke 
                                hoods (approved and used for escape from a smoke 
                                logged area, not entry into one), resulting in 
                                officers suffering from smoke inhalation. This 
                                matter was taken up by both prison services and 
                                has resulted in a policy that only allows entry 
                                into cells when a team is available and equipped 
                                with short duration breathing apparatus (SDBA). 
                                SDBA is a waistcoat- mounted breathing apparatus 
                                set, with short duration cylinder giving 10 minutes 
                                working time and a small reserve. To be able to 
                                use SDBA, an officer requires training to an accepted 
                                standard and periodic follow up/refresher training. 
                                Use of the SDBA for cell entry requires a team 
                                of 3 people: 2 trained users in SDBA and a third 
                                person trained in its use, but not necessarily 
                                able to wear it, who will act as a monitor. SDBA 
                                is solely for cell searching and snatch rescue, 
                                not for any kind of fire fighting or work alongside 
                                the fire services. |   
                              | 59 | [Exempted 
                                Material] |   
                              | 60 | A 
                                further problem arising out of fires at prisons 
                                is the need to protect fire service personnel, 
                                prison officers and inmates in riot situations, 
                                and inmates where they have to be evacuated. The 
                                plans for evacuation will fall within the requirements 
                                of the FP(W) Regulations; but the risk to the 
                                staff and firefighters arising from contact with 
                                evacuated inmates, is an HSW Act issue. Particular 
                                problems can arise when a prison contains numbers 
                                of vulnerable prisoners, who are liable to abuse 
                                and attack if mixed with other inmates. Fire services 
                                serving prisons normally liaise closely with the 
                                establishment over access and personal safety. 
                                All these matters should be covered by the prison's 
                                fire precautions and contingency plans. 
 |  
 
 
 Other 
                            inspection and investigation bodiesThere are three bodies with inspection or investigation 
                            responsibilities other than the HSE.
 
 HM Inspectorate of Prisons: The current HMIP 
                            was set up under the the Prison Act 
. In response 
                            to a committee of inquiry in the UK prison services 
                            (the May Committee)
 
 In England and Wales HMIP report to the Home Secretary 
                            and in Scotlan to the Scottish Secretary.
 
 Their terms of reference are to insepct and report 
                            on prison service establsihments, in particular on 
                            conditions of those establsihments, the treatment 
                            of prisoners and other inmates the the faciltiies 
                            available to them, and other such matters as the Secretary 
                            of State may direct
 
 This is done by periodic inspections of individual 
                            establishments and the investigation of particular 
                            incidents or situations, the findings being publishedin 
                            report.
 
 The Police Act does not provide the HMIP with any 
                            specific enforcement powers.
 
 HMIP concentrate on major issues. They will not investigate 
                            individual complaints or grievances from prisoners 
                            but will draw attention in their reports to any general 
                            pattern of complaint if it highlights some inadequacy 
                            in the management of the establishment.
 
 According to HSEs Operational Circular:
  
                            "HSE 
                              insecptors shold therfore not refer individual complaints 
                              from prisoner to HMIP, but could bring to their 
                              attention matters that affect entire wings, departments 
                              or the prisonas a whole. An exmple would be informating 
                              them of a lack of hearing or some fault in the maintenance 
                              of an entire wing as opposed to an individual cell. 
                              Individual complaints on welfare matters should 
                              be directed to the local prison management; Home 
                              Office (HSS) to Scottish Prsion Service safety advisors; 
                              or to the prison board of prison visitors." To 
                            link to HMIPs website, click 
                            here: 
 Board of Visitors: Board of Visitors have some 
                            similar functions to HMIP but are concerned with an 
                            individual establishment and its well-being on a day 
                            to day basis. The boards are made up on members of 
                            the local community appointed by the Home Secretary.
 
 Accoding to the HSE:
  
                            "[Board 
                              of Visitors] have complained to HSE in the past, 
                              in particular concerning cell sizes and the Workplace 
                              (Health, Safety and Welfare) Regulatoins 1992. They 
                              are one of the bodies to whom HSE inspectors can 
                              refer complaints from prisoners regarding their 
                              individual welfare." Prisons 
                            Ombudsman: The Prisons Ombudsamn, who is 
                            appointed by the Home Secretary, is independent of 
                            the Prison Service and reports to the Home Secretary. 
                            The Ombudmans will investigate complaints which are 
                            submitted by individual prisoners who have failed 
                            to obtain satisfaction from the Prison Service requests 
                            and complains system and which are eligivble in all 
                            other respects. He cannot act on the basis of complaints 
                            from other individual (including family members) or 
                            organisation, and it follows from that, at present, 
                            he isunable to investigate individual complaints about 
                            deaths in custody. The ombudmans tersm of reference 
                            include contracted out prisons, contracted out services 
                            and theaction of people working in prisons but not 
                            employed by the Prison Service 
 
 Prisoner 
                            CategorisationEcerpt from OC334/2
 
                             
                              | 3 | Sentenced 
                                adult male prisoners are divided into 4 security 
                                categories that determine the type of prisons 
                                in which they can be held: 
 
 
                                   
                                    | 1 | category A - prisoners whose escape would 
                                      be highly dangerous to the public or the 
                                      police or the security of the state, no 
                                      matter how unlikely that escape might be, 
                                      and for whom the aim must be to make escape 
                                      impossible; |   
                                    | 2 | category 
                                      B - prisoners for whom the very highest 
                                      conditions of security are not necessary, 
                                      but for whom escape must be made very difficult; |   
                                    | 3 | category 
                                      C - prisoners who cannot be trusted in open 
                                      conditions, but who do not have the resources 
                                      and will to make a determined escape attempt; 
                                      and |   
                                    | 4 | category 
                                      D - prisoners who can be reasonably trusted 
                                      in open conditions |  |   
                              | 4 | Many 
                                prisons will contain prisoners with a range of 
                                categorisations. Local prisons serving nearby 
                                courts may well have category C, category D (prisons 
                                will often have a few prisoners of a lower categorisation, 
                                to carry out a variety of tasks), prisoners on 
                                remand, young offenders, and perhaps female prisoners, 
                                all within one establishment. |   
                              | 5 | Some 
                                prisons will also contain special secure units 
                                (SSUs). These are effectively miniature prisons 
                                within the main prison. They have separate facilities 
                                and staff and are used to hold the most dangerous 
                                prisoners, eg terrorists. There are 3 special 
                                units within the Scottish Prison Service; these 
                                are not all SSUs in the sense described above. |   
                              | 6 | Remand 
                                prisoners are unconvicted prisoners held on remand 
                                on the order of the courts. They are detained 
                                with a view to subsequently presenting them at 
                                court, but not to punish them. Remand prisoners 
                                make up some 20% of the prison population in England 
                                and Wales. 
 |   
                              | 7 | Young 
                                male offenders are normally held apart from adult 
                                offenders, in separate wings or different establishments. 
                                Female offenders make up around 4% of the prison 
                                population in England and Wales. Young female 
                                offenders are held with adult female offenders 
                                in women's prisons. |   
                              | 8 | Prisons 
                                will also have their own segregation unit, where 
                                prisoners are held in what used to be referred 
                                to as solitary confinement. Prisoners 
                                can be segregated in this way either as a punishment, 
                                for reasons of good order and discipline or for 
                                their own protection. Examples of the latter would 
                                be where the prisoner is a known sex offender, 
                                or where they have transgressed some rule 
                                of the inmate population, eg informed on someone, 
                                owe money, etc. If the prisoner cannot be reintegrated 
                                into the general prison population, they may be 
                                moved to a prison with a large vulnerable 
                                prisoner population. A prison such as Winchester 
                                has a wing for vulnerable prisoners, while at 
                                Albany on the Isle of Wight, they make up two-thirds 
                                of the prison population. Wherever they are housed, 
                                they are kept separate from the rest of the prisoners, 
                                to prevent them being intimidated or attacked. |   
                              | 9 | The 
                                segregation unit will also contain a quiet cell 
                                for holding prisoners whose behaviour has become 
                                too violent or uncontrollable. The cell usually 
                                contains nothing other than a bed-area on the 
                                floor and has vision ports built in to it to allow 
                                the inmate to be observed safely. |    
 
 
 
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