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This
part of the website looks at HSE’s responsibility
for ensuring that the Chief Officer of the Police
(as "the employer"), in each of the 43 different
police forces, complies with health and safety law
in relation to:
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his
employees (police officers); |
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members
of the public who may be affected by the activities
of police officers. |
The
page considers for example whether HSE has responsibility
for the investigation of deaths (including suicides)
in police custody.
Please note, this page does not contain information
on the role of the police in the investigation
of work-related deaths. To read about this, Click
Here
This page relies heavily on the the contents of two
documents:
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an
"Operational circular" produced by the
HSE for its inspectors called "Inspection
of the police forces"; |
| • |
an
Agreement on the "Inspection of Police Activities
by the HSE" signed by the HSE, Home Office,
the Association of Police Officers and other interested
parties |
You
can download these documents in full (both in Word)
by clicking 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.
• Operational
Circular
• Agreement
This is the only website that allows access to these
documents. Although they are ‘open documents’,
they are not available on HSE’s website yet.
The HSE has restricted the publication of certain
information from the Operational Circular, according
to the Open Government Code. This relates to:
• the use of CS aerosol Incapacitant (CS Spray);
The HSE says that this information can not be disclosed
since this would cause 'serious harm'. You will note
that there are a couple of paragraphs in the operational
circulars which are in red.
These paragraphs were first restricted by the HSE,
but the HSE, (after a request from the CCA) has reviewed
these paragraphs and allowed them now to be published.
Index to Page
Introduction
to the Police
There are 43 Home Office grant-aided police forces
in England and Wales, and 8 in Scotland, with a total
of about 139,000 police officers (in the year 2000).
Police forces, organised usually on a county basis,
are under the direction and control of the chief constable.
Police Authority
HM Inspector of Constabulary
Association of Chief Police Officers
(ACPO)
Role of Home Office
Back to Index
No Crown Immunity
Police officers are not – and have never been -
Crown servants. Neither, they, nor the 43 police forces
themselves, have ever attracted any form of immunity
from prosecution. The only reason they have not in the
past been able to be prosecuted, is that health and
safety law has not, until recently, applied to them.
This is because police officers were not formally ‘employees’
and the ‘police force’ was not an ‘employer’
upon whom health and safety duties could be imposed.
This however changed with the passing of the Police
(Health and Safety) Act 1997 and the Police (Health
and Safety) Regulations 1999. As set out below, the
Chief Officer of the Police (as the 'employer') can
now be prosecuted
To read about how some organisations have Crown immunity
from prosecution, Click
Here.
Back to Index
The Effect of the Police (Health
and Safety) Act 1997
The Police (Health and Safety) Act 1997 [the 1997 Act],
which came into force on 1 July 1998, applied the Health
and Safety act Work Act 1974 [the 1974 Act] to the activities
of the police. It did this by amending section 51 of
the 1974 Act so that constables (including special constables)
and police cadets should be treated as employees of
the chief officer of police. The Act stated that:
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a
person who "holds the office of constable
or an appointment as police cadet shall be treated
as an employee of the relevant officer". |
| • |
"relevant officer" is defined as "the
chief officer of police" of the relevant
police force, This means:
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the chief constable for the county constabularies; |
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the
Commissioner for the Metropolitan Police; |
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the
Director General for the National Crime
Squad (which replaced the regional crime
squads on 1 April 1998) and the National
Criminal Intelligence Service (NCIS). |
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The
health and safety duties, set out in sections 2 and
3 of the 1974 Act are therefore placed upon the "Chief
Officers of police" (as the employer) and it is
they, as individuals, who will be prosecuted.
Regulation 5 of the 1997 Act has, however, given the
Police Authority discretion to pay any fine incurred
by a chief officer out of a fund that is set up for
that purpose.
To see the text of the Act, Click
Here
It should be noted that through the Police
Reform Act 2002, the Home Office has introduced
measures to change the employer of police officers from
the chief officer to the police authority (the police
board in Scotland). No implementation date has yet been
given, but the changes will not be introduced until
a statutory code of practice comes into force.
Position of Civilian Officers: The position of civilians
employed by the police force is unchanged by the 1997
Act: under the Police Act 1996 s.15(1) they are the
employees of the police authority.
These civilian employees include the new category of
community support officers, who are given specific police
powers under the Police Reform Act 2002.
Position of Special constables: Like regular
police officers, they are covered under the 1997 Act,
They are unpaid, but claim expenses. As with other police
officers, they are warrant holders, but, whilst regular
officers can use their powers throughout the United
Kingdom, special constables can use theirs only in their
own police authority area, and adjacent authority areas.
Back to Index
The Effect of the Police (Health
and Safety) Regulations 1999
The 1997 Act however only concerned the application
of the 1974 Act itself and not any of the the existing
regulations (made under the 1974 Act). Application
of these regulations was, however, achieved by the
Police (Health and Safety) Regulations 1999.
In addition, these regulations exempted the police
from having to comply with the absolute requirements
imposed by the Personal Protective Equipment at Work
Regulations 1992 (PPE Regulations) and the Provision
and Use of Work Equipment Regulations 1998 (PUWER).
To see the text of the Regulations, Click
Here
Back to Index
Police Reform Act 2002
Apart from changing the identity of "the employer"
(see above), the Police Reform Act 2002 also qualified
the meaning of ‘at work’ in the 1974 Act s.52
in relation to constables, so that they are at work
throughout the time when they are on duty, but not otherwise.
Although, in civil law, constables retain their powers
and duties at all times (R v Dytham [1979]), the Home
Office considered that, where an officer was acting
outside the immediate direction and control of his/her
senior officers, it would be unreasonable for the chief
officer to be liable under HSW Act.
Back to Index
Health and Safety obligations
towards police officers and the public
HSE inspectors are concerned about the health and safety
of both the police as employees and the public who may
be affected by the police’s activities.
Employees: The obligations of the Chief Officers
of the Police to their employees (the police officers)
are the same as they are for any employer. Section 2(1)
of the Health and Safety at Work Act 1974 states 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
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provision
of safe systems of work and equipment; |
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arrangements
for safe use, handling, storage and transport
of articles and substances; |
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provision
of adequate information, instruction, training
and supervision; |
For
further details about the general duties imposed by
the 1974 Act upon employers, Click
Here. These general duties are buttressed by a
number of different regulations.
The Public: In relation to the Chief Officers
of Police’s obligations towards members of the
public, 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 police has a duty
in relation to the welfare of its ‘employees’
it does not have have a duty to the ‘welfare’
of the public.
The extent to which the HSE does and should enforce
section 3 in relation to the police is a key and contentious
issue.
| A
briefing on the application of Section 3 will
shortly be placed on the website |
Back
to Index
Agreement on the inspection
and investigation of police forces
In February 2000, an agreement was drawn up by the HSE,
Home Office, Association of Chief Police Officers and
other interested parties, the primary objective of which
was to "establish a mutual understanding of the
objectives of HSE and the police service in relation
to the inspection and enforcement of health and safety
legislation." Under the Agreement:
| • |
police
forces will recognise their duties under the relevant
statutory provisions (RSPs) in relation to all
police activities; |
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police
forces acknowledge that HSE has a right to inspect
all police activities within the RSPs; |
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police
forces will apply to all police officers and civilian
employees the full protection, rights and responsibilities
of the RSPs; |
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HSE
will consider the requirements of the policing
imperative when making judgements about reasonable
practicability; |
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HSE
will take full account of security requirements
and have regard to the police command structure;
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disagreements
between HSE inspectors and police forces about
the application of the Agreement which cannot
be resolved locally will be discussed as necessary
between the inspector, the chief officer, the
Home Office or the Scottish Executive (as appropriate),
and the DFP Unit; |
| • |
the
Home Office Standing Committee on Police Health
and Safety will monitor the application of the
Agreement, consider proposals for new health and
safety legislation, and consider any other matters
of mutual interest; and |
| • |
the
Agreement will be reviewed every three years,
and may be amended with the agreement of the parties.
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The
most notable aspect of this agreement is that the
HSE must "consider the requirements of the
policing imperative when making judgements about
reasonable practicability"
Back to Index
Inspections by the HSE
An annex to the "Agreement on the Inspection of
Police activities by the HSE" sets out the "procedures
to be followed by HSE and police forces in arranging,
carrying out and reporting on inspections of police
premises and activities under the terms of the Health
and Safety at Work etc Act 1974."
It states that these procedures
| • |
"are
intended to facilitate such inspections, recognising
the statutory right of HSE to carry them out in
all areas covered by the Act and their commitment
to do so in such a way so as not to compromise
the operational capability of the police service." |
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"
Inspections by HSE are for the purpose of discharging
its functions as a regulatory authority and are
additional to those which HM Inspectorate of Constabulary
undertakes for its own statutory purposes".
|
The
Annex deals with ‘investigations’ into reported
incidents as well as "Planned inspections".
The issue of planned inspections is dealt with here,
and investigations dealt with below.
Planned inspections are part of HSE's annual programme
and involve:
"one or more inspectors from the HSE local
office, perhaps accompanied by a Medical Inspector
or a topic Specialist Inspector, over a number of
days, depending on the size of the force organisation.
These inspections will be brought to the attention
of the regional HM Inspectors of Constabulary by
HSE Principal Inspectors so that overlaps with their
own inspection programme may be avoided."
The annex states at paras 4-6 that:
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Before
a planned inspection, an inspector from the local
office will contact the force in order to arrange
a meeting between the HSE Principal Inspector
and an officer of ACPO or ACPOS rank, also probably
involving the force health and safety adviser
and a member of the HSE inspection team. The Principal
Inspector will describe the format of the inspection
and the number of days which it is expected to
occupy: mutually convenient dates will be agreed. |
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During
the inspection itself, Inspectors will enquire
into the health and safety management of the force;
in doing so they will interview key members of
staff, examine documents and carry out sample
visits to verify whether there is compliance in
practice with the legal requirements. During the
course of the inspection, inspectors will indicate
where improvements are necessary and how they
may be achieved. |
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When
breaches of health and safety law are found, the
inspector will decide on what action to take,
based on the principles set out in the Health
and Safety Commission’s Enforcement Policy
Statement. The action may be:
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a letter, copied to safety representatives,
requiring a suitable work programme with
a time scale for completion |
| • |
an
improvement notice where the breach is more
serious |
| • |
a
prohibition notice where the activity involves,
or will involve, a risk of serious personal
injury |
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prosecution.
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In
relation to the inspection of "Public Order and
Other Hazardous Training", the annex states:
"HSE
inspectors may inspect training areas where public
order training or other hazardous training is being
undertaken. HSE recognises the requirement to conduct
hazardous training: its principal interest is in
the organisation, arrangements and written procedures
for controlling and managing these activities. Visits
may be carried out to verify that appropriate procedures
are adopted in practice."
In
relation to the inspection of "Patrol Duties
and Other Operational Police Activities", the
annex states:
HSE's
principal interest in inspecting operational police
activity is in the organisation, arrangements and
written procedures for controlling risk to officers;
site visits for verification may be appropriate
in some circumstances. In that case, arrangements
for the visit will be agreed beforehand with the
force. In the case of covert police operations,
inspectors will restrict their enquiries to the
organisation, arrangements and written procedures
in place."
Back
to Index
Who Inspects and investigates
Within HSE, there is a division called Field Operations
Division which is organised into seven geographical
regions. In each FOD region there is a unit called "Services
Sector Crown, Fire and Police Unit". It is inspectors
from this unit who have responsibility for inspecting
the police
Back to Index
What
injuries and deaths should be reported to the HSE
The Chief Officer of Police – like any other
employer – has responsibility for reporting certain
deaths and injuries to the HSE.
It should be noted that even if a death or injury
is not officially reportable, the HSE can still investigate
it; and conversely the fact that a death or injury
is reported does not mean that the HSE will
investigate it. To read about HSE’s general investigation
policy, click
here
Injury to employees: In relation to most deaths
and injuries suffered by police officers, 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 police officers that result "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.
However it should be noted that
according to HSE’s Operational Circular:
"Accidents
to police officers involving vehicles on the highway
are not reportable, except those listed in RIDDOR
reg.10(2). As a result, accidents involving
officers undertaking vehicle stops or using the
‘Stinger’ device, are not strictly reportable
but are of concern in relation to risk assessment
and training issues, and justify investigation."
(para 88).
However
injuries suffered by a police officer in training
are reportable. The Operational Circular states:
"The
Question has been asked as to whether an injury
suffered by a police officer as an employee participating
in realisitic training e.g. in arrest and restraint
techniques, should be regarded as resulting from
an ‘act of non-consensual physicial violence’,
and hence a reportable accident …. Since police
officerts are required to to take part in this training,
they are not considered to be in the position of
professinal sportspeaople, where taking part implies
acceptance of a risk of injury. It follows that
such accidents in training will be reportable if
the injuries fall into the reportable categories."
(appedix 3, para 7)
Injury
to members of the public: In relation to deaths
and injuries to members of the public, An injury would
be reportable if:
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• |
it resulted from an "accident", and |
| • |
the "accident" arose "out of or
in connection with" the work of the police,
and |
|
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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 police action directed at that individual,
for example, during arrest or self defence, would
not be regarded as arising from an 'accident', and
hence would not be reportable.
To see why, click here.
However an injury to a member of the public, may be
reportable if it arises from an unintentional result
of police actions. The operational circular gives
the following examples of this:
"For
example, police officers would not intend bystanders
to suffer falls, trampling by police horses, or
bites from police dogs as a result of their seeking
to pursue and apprehend a suspect. Those events
could be reportable accidents if the outcome is
death or the injured person being taken to hospital."
(Appendix 3, para 2)
In
addition to this, deaths resulting from attempts to
restrain a person would, it appear, also be reportable
since the death would not have been an intentional
result of police actions.
| In
effect, any death of a member of the public as
a result of police activities , 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 police, will arguably be reportable
|
Where members of the public who are not at work are
injured at gatherings where there is public disorder,
do the police who are handling the disorder have the
responsibility for reporting these injuries?
HSE’s
operational circular states:
"The
considerations [set out above] would apply so that
any accident which results in a death or the injured
person being taken to hospital would need to have
arisen out of, or in connection with, the work of
the police in order to be reportable. For example,
if a person in a crowd is accidentally trampled
by a police horse and injured, that accident would
be reportable, whereas an accident where the injury
is clearly unconnected with police crowd control
operations would not be reportable. Cases lying
between the two would have to be judged depending
on the circumstances".
Suicides
in police cells: The only suicides that are reportable
to the HSE are those which take place on a "relevant
transport system". Suicides in police cells are
therefore not reportable - though whether or not the
HSE can or should investigate suicides, irrespective
of the fact that they are not reportable, is discussed
below
Back to Index at top of page
Who should Report these incidents
Who should report those deaths or injuries that are
reportable? RIDDOR 95 imposes the obligation upon ‘the
responsible person’ which is defined as the person
who:
"for
the time being having control of the premises in
connection with the carrying on by him of any trade,
business or other undertaking … at which, or
in connection with the work at which, the accident
or dangerous occurences [which is reportable] ..happened."
HSE’s
operational circular states:
"As
far as injuries to members of the public on police
premises are concerned, the repsonsible person would
therefore be the person for the time being having
control of those premises. Where an accident takes
place outside police premises such as in a street,
but in connection with the work at those premises
ie policing, the person having control of the police
premises would again be the responsible person.
In cases where the police are present on someone
else’s premises, eg a football club, then the
responsible person would be whoever is in overall
control of the premises. In such circumstances,
the police would have a duty to liaise with the
responsible person, and pass on details of any reportable
incidents they become aware of."
Back
to Index at top of page
HSE’s Investigation Policy
As noted above, the fact that the police report an incident
to the HSE does not mean that the HSE will investigate
it. There are two principal reasons for this.
| • |
the
HSE lack resources to investigate anything but
a small number of reported incidents;
The HSE has recently established a formal policy
prioritising which reportable incidents should
be investigated. To see this policy, click
here. |
| • |
an
investigation into the incident will be (or has
been) carried out by another investigation body,
and therefore, in the HSE’s view, further
inquiries on its part would be a duplication of
effort.
So for example, deaths and injuries to police
officers which are the result of a violent act
(which are reportable) will be investigated by
the police themselves and the HSE will only consider
investigating the incident if, in their view,
working practices of the police contributed to
the incident. There is, as far as we know, no
protocol between the HSE and the police as to
when they will get involved in an investigation
and when they will not.
| In
relation to HSE’s policy towards investigating
deaths of members of the public, or other
incidents reportable to the Police Complaints
Authority, see below. |
|
It
should be noted however, that when incidents are reportable
to the HSE, the HSE should follow its standard procedure
concerning whether or not to undertake an investigation.
To see this, Click Here.
In effect, it means if there is a death (and certain
kinds of major injuries), which are reportable to
the HSE, it should be investigated.
However,
The fact that an incident is not formally reportable
to the HSE does not however mean that the HSE can
not or should not investigate it; for example, although
a suicide of a member of the public in a police cell
is not reportable, it could raise issues about the
adequacy of the working practices of the prison which
would require investigation (see
below).
This whole area of whether or
not the HSE should carry out an investigation even
though another body is undertaking some enquiries
can be very contentious.
HSE's general policy on this question is as follows.
The HSE will investigate an incident and enforce health
and safety law:
"Where
health or safety cannot be adequately regulated
by the enforcement of other more specific legislation,
or another authority does not have the necessary
enforcement powers, or there is no other relevant
authority"
However,
in the CCA's experience the HSE often interprets this
very conservatively (preferring perhaps to preserve
its limited resources) and not to undertake enquiries
even though the other body which is involved in making
enquiries is not actually considering the working
practices of the police or/and does not have the power
to impose enforcement notices or prosecutes for health
and safety, or similiar, offences.
If
you want to read more on HSE’s policy on
when it enforces health and safety law in relation
to ‘public safety’ issues (like deaths
in custody or in hospital) or in relation to incidents
where other investigation bodies exist (i.e. incidents
in the sea or air), Click
Here.
If you need advice on this area, please contact
the CCA or if it is death in prison or police
custody, the organisation, INQUEST
which specialises in this area. |
It
should be noted that para 7 of the Agreement between
the police and the HSE states that before undertaking
an investigation "where possible, inspectors
will contact the force in advance to indicate the
reason for the visit."
Back to Index at top of page
HSE’s investigation policy
into deaths/Injuries to members of the public
All deaths and serious injuries suffered by members
of the public resulting from police activities will
be investigated by the Police Complaints Authority (PCA).
The Police Complaints Authority (PCA) is an independent
body established under the Police and Criminal Evidence
Act 1984, and has a statutory obligation to supervise
the investigation of complaints against police officers
in England and Wales which involve death or serious
injury (as well as other complaints). The PCA has to
approve the appointment of the investigating officer
(a police officer) and may give directions on the conduct
of the inquiry. The supervising members of the PCA are
not organised on a regional basis, but are assigned
to particular cases.
The question arises as to whether the HSE should investigate
a death or serious injury when the PCA is undertaking
its own investigation.
An agreement has been reached between the PCA and the
HSE which "sets out the arrangements which have
been agreed between HSE and the PCA in order to clarify
their respective roles and involvement in these investigations."
In relation to ‘reportable’ deaths and injuries,
the agreement states:
"When
the Principal Inspector in the HSE local office
receives notification from the police of a relevant
accident to a member of the public, he may contact
the supervising Member of the [PCA] for that police
force, in order to inform the Member of whether
he intends to investigate the accident, and to establish
whether a complaint against the police has been
referred to the Authority in connection with that
accident. Whether or not the inspector decides to
carry out a separate investigation, he may request
from the Authority the necessary information to
establish whether the findings include relevant
health and safety issues."
The
agreement does not state what are the factors that
will determine whether or not the HSE will actually
conduct an investigation, though as stated above,
the HSE has a general policy that it will enforce
health and safety law, in such situations, "where
another authority does not have the necessary enforcement
powers."
In
relation to this, it should be noted that the supervised
investigation by the PCA will in almost all cases
deal solely with whether the death was the result
of manslaughter or the injury the result of assault.
Whilst the investigation may consider the working
practices of the police force concerned, this will
not be done in order to determine whether health and
safety offences have been committed and the PCA does
not have the power to impose improvement or prohibition
notices that would require changes in the working
practices of the police, or indeed propose prosecution
for health and safety or other similiar offences.
In relation to other incidents, the agreement states:
"Members
of the public and police staff may also seek to
involve HSE inspectors in the investigation of complaints
against the police, either in connection with accidents
(whether or not they are reportable under RIDDOR),
or other circumstances. In either case, HSE may
decide to refer the complainant to the existing
police complaints procedure, to which more specific
legislation applies: Part IX of the Police and Criminal
Evidence Act 19841 and Regulations. Before deciding
whether to investigate a particular complaint which
may be of relevance to the Authority, the Principal
Inspector will liaise with the relevant Member of
the Authority.
"In general, HSE inspectors will not seek to
investigate incidents where the main issue is whether
reasonable force has been used by a police officer
in dealing with a member of the public; or whether
the use of equipment for self-defence or deterrence,
arrest or restraint such as CS incapacitant or firearms
has been appropriate in the circumstances; or where
there have been third party injuries as a result
of the use of CS or firearms."
In
relation to suicides, the agreement states:
"Another
area of potential public concern is self-harm and
suicide in police custody, which are not accidents
as defined in RIDDOR, and therefore not reportable.
Recognising that the Authority will normally investigate
such cases, HSE inspectors will not seek to carry
out separate investigations, although they may request
relevant information."
It
is not clear why the HSE states so categorically that
it "will not seek to carry out separate investigations"
into suicides, when the suicide might indicate poor
working practices on the part of the police. Indeed,
in a number of cases, the HSE has been involved in
the investigation of suicide cases. HSE’s practice
in this area therefore differs from its written policy.
To see a copy of this agreement, Click
Here
Back to Index at top of page
Advice
and Training provided by Police Forces
According to HSE’s "operational Circular",
the police provide the following health and safety
training.
| 39 |
Every
police force now has a specialist health and safety
adviser: most are qualified to IOSH Diploma/British
Safety Council DipSM standard; the remainder to
IOSH Certificate standard. They are all members
of the Association of Police Health and Safety
Advisers (APHSA), which has a regional structure
corresponding with the ACPO regions. |
| 40 |
A
three volume package of guidance Police Health
and Safety was published by the Home Office in
1996, comprising:
• Volume 1: A Guide for Senior Police Officers;
• Volume 2: A Guide for Police Managers;
and
• Volume 3: A Guide on Risk Assessment.
Subsequently, a fourth volume was added A Guide
on Training, covering training for risk assessors
and senior police officers, and a CD ROM containing
parts of Volume2, together with all of Volumes
3 and 4. Hard copies of Volumes 3 and 4, and the
CD ROM were supplied to HSE office libraries and
Services Group PIs. |
| 41 |
Volume
3 contained a comprehensive series of generic
risk assessments (GRAs) for police operational
work such as patrol duties, custody, firearms,
public order and searching, drawn up by working
groups including safety advisers and operational
police officers. Subsequently, further GRAs were
produced by Home Office working groups, dealing
with police wildlife liaison officers, air support
units, mounted duties and an updated GRA on dog
handling. These were included in Home Office Circular
36/1999 (FOD subject file 334). |
| 42 |
These
were followed in 2000 by a GRA on scenes of crime
officers’ duties, and others covering environmental
protests and land search and rescue have also
been produced for distribution in mid 2001: copies
may be obtained from the DFP Unit. In addition,
a guidance package for manual handling training
was produced in 2000 (see para 80). More recently,
APHSA has formed a national GRA working group
at the request of the ACPO Joint Working Group
and the Home Office to prepare and review GRAs
on their behalf. |
| 43 |
New recruits to the police are given two weeks
initial training by their forces before being
sent to one of the regional centres operated by
CENTREX for the national syllabus of Foundation
Training. The training modules include references
to health and safety in dealing with issues such
as road-traffic accidents and chemical incidents.
However, training to give probationers a general
awareness of ‘industrial’ hazards such
as fragile roofs, building sites, or electricity
has to be given by their home force. |
| 44 |
Other
training, for risk assessors and senior officers,
is often delivered by safety advisors with force
training officers, although external training
organisations have sought to become involved,
sometimes with unsatisfactory results. |
General
Issues of Health and Safety for HSE Inspectors
If you want to read what instructions HSE inspectors
are provides concerning the inspection of the following
activities of the police, Click on the relevant title
below.
Inspection of police Training Activities
- self defence training
- Public Order Training
- Firearms training
Police Operational
Activities
- patrol duties
- CS aerosol incapacitant
- Firearms operations
- Scenes of crime
- Custody duties
- Diving teams
- Land-based searching duties
- Storage of explosives at police premises
Occupational Health
- noise
- lead
- musculoskeletal disorders
- hepatitis B
- Stress
Working Time Regulations
1998 to the Police
Police authorities
The general duty of the police authority under the
Police Act 1996 is to secure the maintenance of an
efficient and effective police force in its area.
The authority is required to have regard to key policing
objectives set by the Home Secretary, any local objectives
set by the authority itself, any performance targets
set by the authority to meet the objectives, and the
local policing plan. The authority sets a budget to
provide the chief constable with the resources to
fulfil the annual policing plan, and then monitors
progress with the plan through the year. It also has
the power of appointment and dismissal of the chief
and assistant chief constables. The Metropolitan Police
was unique in having the Home Secretary as its police
authority, but, since 3 July 2000, this has changed
with the formation of the Metropolitan Police Authority.
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HM
Inspectors of Constabulary
HM Inspectors of Constabulary (HMIs) have a statutory
duty under the Police Act 1996 to inspect and report
to the Home Secretary on the efficiency and effectiveness
of police forces in England and Wales.
HM Chief Inspector of Constabulary is supported by
five HMIs, normally selected from Chief Police Officers
serving in the provincial forces. They do not have
statutory powers of enforcement. HMIC (Scotland) has
a similar function for the eight Scottish forces.
HM Inspectors of Constabulary undertake three types
of inspection, reports of which are published by the
Home Office:
| • |
risk-based
inspections, where poorer performing forces will
receive a more rigorous inspection than high performers.
The methodology used will score forces’ performance,
and visits will be paid to look specifically at
particular aspects of good and poor performance; |
| •
|
best
value inspections to police authorities. As a
Best Value Inspectorate, HMIC has a legal duty
to inspect police authorities’ annual best
value reviews, alongside their normal inspection
programme; |
| • |
thematic
inspections - examine a single function across
a number of forces, eg traffic policing, and public
order policing. |
HM Inspectors of Constabulary do not as a rule investigate
individual incidents. While HMIs are mainly concerned
with the performance of police forces against crime-related
performance indicators, they have included the management
of health and safety as part of the overall inspection
of personnel issues since the advent of the Police
(Health and Safety) Act 1997. The HMIC Inspection
Protocol for Health and Safety poses a series of questions
for forces to answer, under the headings of Leadership,
Policy and Strategy, People (competence and communication),
Partnership and Resources (budgeting), Processes (monitoring
and review), and Results (performance against measures
of success).
Past thematic inspection reports included Officer
Safety - Minimising the Risk of Violence, and Lost
Time - The Management of Sickness Absence. To see
this, Click
Here
HSE’s operational note states that:
"A
number of inspectors have been approached by regional
HMIs asking for views on forces’ health and
safety performance as part of the information gathering
phase of the HMIC inspection process. Inspectors
may provide such information to HMIC under HSW Act
s.28, although it would be advisable to inform the
chief constable that this has taken place."
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to Section
Association of Chief Police Officers (ACPO)
All chief constables, deputy and assistant chiefs
in England and Wales, including commanders and above
in the Metropolitan and City forces in London, are
members of ACPO. Its main objective is to promote
the welfare and efficiency of the police service and
safeguard the interests of members of the Association.
ACPO (Scotland) similarly represents chief officers
in Scotland.
The ACPO Council has several specialist committees
to inform its policy-making role, such as crime, traffic
and personnel management. The last-named has a sub
group, the Joint Working Group on Organisational Health,
Safety and Welfare, which has as its statement of
purpose ‘to work with all relevant agencies to
provide the best health, safety and welfare policies
and promulgate these across the service’. This
group includes members from ACPO, ACPO(S), the Police
Federation, Superintendents’ Association, force
medical officers, Police Welfare Officers Association,
HMIC, Home Office, and HSE.
Another ACPO working group is the National Uniform
Project Group (UPG), set up to commission designs
for new, national police patrol uniform, from footwear
to helmets. Again, members are drawn from across the
service, with an HSE representative originally invited
to advise on the application of the Personal Protective
Equipment Regulations 1992 (PPE Regulations). The
UPG finalised the specifications for ‘bodywear’
garments in 2000, and these were approved by ACPO
Council as the national patrol uniform design. The
UPG will continue in existence, in order to maintain
an overview of uniform and equipment issues.
Back to Section
Role of the Home Office
Apart from its policy role in the policing of England
and Wales, the Home Office has an involvement in health
and safety through its Police Personnel Unit (PPU).
The PPU provides the secretariat for the Home Office
Standing Committee on Police Health and Safety, on
which ACPO, HMIC, the Police Federation, Superintendents’
Association, police health and safety advisers, and
HSE are represented.
The Home Office Police Scientific Development Branch
(PSDB) provides technical support, and development
and research facilities for the police, Prison Service
and other government agencies. On health and safety,
PSDB publishes guidance for police forces on hearing
protection for firearms training, and ballistic and
stab-resistant body armour.
Other important police-related Home Office bodies
are the Central Police Training and Development Authority
(CENTREX), formerly known as National Police Training,
Forensic Science Service and HM Inspectorate of Constabulary.
Position of Non-Home Office Police Forces:
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RIDDOR
Regulation 10(2)
The only "accidents" involving vehicles
on the highway that are reportable are those contained
in RIDDOR Regulation 10(2). These are:
| (a) |
was killed as a result of exposure to a substance
being conveyed by the vehicle; or |
| (b) |
was
either himself engaged in, or was killed as a
result of the activities of another person who
was at the time of the accident engaged in, work
connected with the loading or unloading of any
article or substance onto or off the vehicle;
or |
| (c) |
was
either himself engaged in, or was killed as a
result of the activities of another person who
was at the time of the accident engaged in, work
on or alongside a road, being work concerned with
the construction, demolition, alteration, repair
or maintenance of-
(i) the road or the markings or equipment thereon;
(ii) the verges, fences, hedges or other boundaries
of the road;
(iii) pipes or cables on, under, over or adjacent
to the road; or
(iv) buildings or structures adjacent to or over
the road; or |
| (d) |
was
killed as a result of an accident involving a
train. |
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