LAC 67/2 (rev4.1) - Targeting local authority interventions
Annex A - Summary of national planning priorities 2015 - 2016
This annex sets out the 2015-16 local authority national planning priorities. Note: Not all national priorities have an inspection component.
LAs should use the full range of interventions available to influence behaviours and the management of risk with proactive inspection utilised only for premises with higher risks or where intelligence shows that risks are not being effectively managed.
Proactive inspection should only be used:
a) For high risk activities within the specific LA enforced sectors published by HSE (See List of activities/sectors for proactive inspection by LAs); or
b) Where there is intelligence showing that risks are not being effectively managed.
In both circumstances, LAs have the discretion as to whether or not proactive inspection is the most appropriate intervention. (See Annex C - Examples of Intervention Types; Annex D – Intervention Plan Summary Table and Annex E - Example Case Studies).
LAs risk ratings should be used to help formulate relative intervention priorities i.e. to allow better targeting of their other interventions on the basis of risk but proactive inspection interventions should only be determined by a) and b) above.
Primary Authority inspection plans should follow the principles of the Code and be developed taking into account the national priorities (see below) and the list of activities/sectors considered suitable for proactive inspection.
Although most construction work is regulated by HSE, LA health and safety regulators can make a significant contribution to addressing construction health and safety risks. Where the owners/occupiers of commercial premises at general visits appear likely to be clients for construction work, LAs should draw their attention to the Construction (Design and Management) Regulations (CDM) 2015 and the duties they have as CDM clients, referring them to advice available2. In addition, there are a number of specific topic areas LAs should address during the course of their visits, as outlined below. These concur with priorities in the HSE Construction Division Plan of Work 2015-16.
- Falls from height – work on/adjacent to fragile roofs/materials - Fragile roofs/skylights etc., can be found at many premises that fall to LAs for enforcement. Where they are identified during visits , LAs should discuss the associated risks, to ensure that prospective clients for repair and maintenance work (owner or building user) is aware of their duties under CDM 2015 and the precautions needed, referring them to the appropriate guidance3. On occasions, LA health and safety regulators may come across work on a fragile roof that is underway at the premises being visited (typically, small-scale repairs/maintenance such as gutter cleaning). The risks may give rise to a matter of evident concern (MEC), in which case, poor standards should be addressed with all duty holders – client, designers and contractors, and any enforcement action taken in accordance with the Enforcing Authority (EA) Regulations 19984 and in collaboration with HSE, where appropriate and using normal channels.
- Health risks - respirable silica dust - Dust, containing harmful respirable crystalline silica (RCS), can be generated during common operations such as block cutting, chasing brickwork and cutting concrete floors. The standards for controlling this dust are detailed in HSE guidance5 6. During visits, LAs may come across minor construction work that is generating significant quantities of silica dust that give rise to a MEC. Poor standards should be addressed with dutyholders, and any enforcement action taken in accordance with the EA Regulations 1998, collaborating with HSE where appropriate, using normal channels. See operational guidance on silica used by HSE Inspectors.7
- Duty to manage asbestos - In premises likely to contain asbestos (i.e. built before 2000) LA health and safety regulators should draw dutyholders’ attention to their duty to manage and the relevant HSE guidance/webpages On occasions, failure to manage the risks from asbestos (e.g. failure to maintain in a safe condition or minor construction work that breaches the fabric of the building without proper surveys, controls or planning) may need to be dealt with as a MEC during general visits. Where management of asbestos risks arises as an MEC and standards are particularly poor, LAs should take appropriate enforcement action, in accordance with the EA Regulations 1998, collaborating with HSE where necessary and using normal channels.
- Visitor attractions to prevent or control ill health arising from animal contact - select the most appropriate intervention (See Preventing or controlling ill-health from animal contact at visitor attractions – guidance on inspection and enforcement and List of activities/sectors for proactive inspection by LAs.
- Investigation of incidents and complaints - LAs should use HSEs incident selection criteria and complaint handling to select relevant incidents and complaints.
- Reactive work including the monitoring of RIDDOR reports and complaints to identify reports of ill health, accidents, incidents, poor performance, trends and local issues which may require further interventions or issues which may need to be taken forward nationally.
- The legionella intervention programme and the campaign to visit high priority LPG underground pipework in specified premises, have now concluded and are no longer considered national priorities. However, the list of high risk sectors/activities suitable for proactive inspection will continue to include legionella in premises with cooling towers/evaporative condensers, and LPG in premises with buried metallic pipework to allow proactive inspection where it is appropriate. The LPG trade association and LPG suppliers are currently dealing with lower priority premises, and there is no intention to allocate these to LAs for visits. There may however be a small number of premises where issues remain and which will require a visit during 2015/16 and any such premises will be notified directly to the relevant LA.