HSC LAUNCHES PROPOSALS FOR COMPLETION OF HEALTH AND SAFETY LEGISLATION FOR POLICE
COI
HEALTH AND SAFETY EXECUTIVE
C36:98 14 August 1998
HSC LAUNCHES PROPOSALS FOR COMPLETION OF
HEALTH AND SAFETY LEGISLATION FOR POLICE
The Health and Safety Commission (HSC) today published a Consultative
Document (CD) setting out its proposals for completing the
application of health and safety legislation to police officers.
On 1 July 1998, when the Police (Health and Safety) Act 1997 came
into force, police officers who were not already considered to be
employees for purposes of health and safety legislation, were
formally brought within the scope of the Health and Safety at Work
etc Act 1974 (HSWA). The Act requires employers to safeguard the
health and safety of employees and of non-employees who may be
affected by work activities.
The new CD will be of particular interest to police service bodies.
It will be sent to all of the police forces in England, Wales and
Scotland, the police central services, the Association of Police
Authorities, the police staff associations, police training colleges,
bodies concerned with the emergency services generally and others.
The CD sets out the Commission's proposals for the new Regulations
which will:
apply to police officers all the health and safety regulations which
were in force on the day the Police (Health and Safety) Act came into
effect;
require police central services to consult police officers on health
and safety matters, (completing the police service consultation
arrangements already made in the Police (Health and Safety) Act);
provide for Regulation 4(1) of the Personal Protective Equipment
(PPE) Regulations to be qualified by so far as is reasonably
practicable in circumstances where compliance could conflict
inevitably with a particular police operation.
The Commission also proposes to amend the 'Management of Health and
Safety at Work Regulations' Approved Code of Practice (ACoP) to
clarify how the section setting out good practice in procedures for
dealing with serious and imminent danger applies to the police and
the emergency services generally.
The amended ACoP will better reflect the commitment to public service
underlying the work of police officers, fire-fighters and other
emergency service workers, which means that their work sometimes
entails inherent risk.
The Commission would particularly welcome views on the:
position of police employers in relation to duties already
qualified by so far as is reasonably practicable;
provisions for consultation of police officers;
proposals to qualify the PPE Regulations;
position of 'non-Home Office' forces;
proposed amendments to the Management Regulations ACoP.
The CD welcomes views on any aspects of the proposals. Comments
should be sent to Mr Peter Johnson, The Policy Unit, General Policy
Branch, Health and Safety Executive, 8th Floor, South Wing, Rose
Court, 2, Southwark Bridge, London SE1 9HS, by 15 October 1998.
Copies of CD139 'Proposals for regulations arising from the Police
(Health and Safety) Act 1997, and a proposed amendment to the
Approved Code of Practice on the Management of Health and Safety at
Work Regulations 1992' are available free of charge from HSE Books,
PO Box 1999, Sudbury, Suffolk, CO10 6FS (tel 01787 881165 or fax
01787 313995). Priced publications are also available from good
booksellers.
Notes to Editors:
1. Before the Police (Health and Safety) Act 1997 came into
force, most police officers were outside the scope of HSWA because
they did not come within the HSWA definition of "employee". Most
police officers are considered to be 'office holders' and not people
who work under a contract of employment, the definition used in HSWA.
2. Since 1975, Chief Police Officers had sought to apply health
and safety legislation to police officers in a spirit of voluntary
co-operation. Police forces had voluntarily accepted advice and
visits from HSE inspectors before the Police (Health and Safety) Act
1997 came into force.
3. The Home Office has already produced health and safety
guidance for Chief Police Officers, in consultation with the
Association of Chief Police Officers, the police staff associations
and HSE. This would be updated to take account of the proposed
regulations.
4. Some police forces have been established under private Acts
of Parliament ('non-Home Office forces'), including the Ministry of
Defence Police, and British Transport Police, and the Royal Parks
Constabulary.
5. Regulation 4(1) of the PPE Regulations requires employers
to ensure that suitable PPE is provided to officers who may be
exposed to a risk to their health and safety while at work, except to
the extent that the risk has been adequately controlled by means
which are equally or more effective.
6. The new regulations proposed in the CD are not expected to
have a significant effect on police expenditure.
PUBLIC ENQUIRIES: Call HSE's InfoLine, tel: 0541 545500, or
write to: HSE Information Centre, Broad Lane, Sheffield, S3 7HQ.
http://www.open.gov.uk/hse/hsehome.htm
Ends