Agenda item

Sam Barstow, Assistant Director, Community and Street Scene, presented an update in relation to the Council’s improvements to systems in place to ensure the safety of employees in relation to Hand-Arm Vibration.  The report also included the outcome of the investigation by the HSE and subsequent action taken through the Courts.

The process had initially started in 2019 when the Council had self-referred an individual through a RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences) report.  The individual had received an occupational health report clearly identifying the existence of Hand Arm Vibration (HAVs) illness and specified the need to report the individual in 2019.  The Council could not locate documentation to confirm that a previous report, as required under RIDDOR, had been made and, therefore, in the interests of transparency and supporting the management of Health and Safety, the case was reported to the Health and Safety Executive which had triggered an investigation.

A decision was provided on 4^th April 2023 that the HSE confirmed their intention to prosecute the Council for offences arising from failures under the general duty of S2(1) Health and Safety at Work Act and applicable RIDDOR legislation.

The matter was heard by Court and concluded on 17^th December, 2024.

To ensure the safety of its employees, the Council had engaged vigorously with the Health and Safety Executive seeking advice and guidance to support a comprehensive review of the approach taken to this issue.  The Council had become an exemplar of good practice and had been sharing the experience with others in the sector to help them improve their approach.

An action plan was fully concluded in June 2024 with a total of 55 actions completed.  A performance dashboard was in place to capture data from across services and monitor any emerging trends or risk for further action.  Two audits had been undertaken to relation to HAVs; the first concluded in December 2023 and provided ‘reasonable assurance’.  Four recommendations were made within the report.  A further audit was concluded in June 2024 providing ‘substantial assurance’ and confirmed the recommendations had been fully and consistently implemented.

The Council had accepted from the outset that there had been failings in its management of the risk associated with the use of vibrating tools and entered a guilty plea before Court on 17^th December 2024.  The Council was fined £60,000 and order to pay costs in the sum of £5,775.70.  The Court acknowledged and credited the Council for its early guilty plea with the Judge specifically commenting that he had studied the evidence as to what had now been implemented and this was to the Council’s credit.  It was also noted that there was clear evidence of steps having been taken voluntarily and a high level of co-operation beyond what would be expected.

The Court also acknowledged the Council’s good health and safety record, lack of previous convictions and that the Council now had effective health and safety procedures in place.

Phil Horsfield, Assistant Director, Legal, Registration and Electoral Services, commented that a governance framework was in place in order to ensure that such breaches did not occur.  There was considerable comfort to be taken both from the audit reports and from the judgement provided as well as the sharing of good practice with the HSE.

The changes to the overall systems and processes had been shared across the Council.  As part of the improvement journey all relevant departments had been represented to ensure the changes were embedded across the Council and included in contracts with partners.

The number of individuals identified through the Occupational Health process was falling with a significant reduction in the number of cases since 2019 and, because of the controls the Council had in place, was able to defend any cases brought forward.

It was also noted that submission of this report discharges the Council’s responsibility for reporting to Members on such matters. 

Resolved:-  That the content of the report, including the legal issues contained therein, be noted.