These FAQs help illustrate the nature of some of the issues that HSE routinely gives advice on. The list is not exhaustive and further questions and answers may be added at a latter date.
Yes, the Police (Health and Safety) Act 1997 defines police officers, special constables and cadets as being ‘employees' and ‘at work' while on duty. The Police (Health and Safety) Regulations 1999 applies the provisions of all existing health and safety regulations to police officers but with some aspects amended to allow the police to use items of work equipment with appropriate force against others during their operational activities.
Civilian members of police staff are protected by health and safety law in the same way as employees of other organisations.
For health and safety law purposes, the employer of police officers is the ‘office of chief constable/police commissioner' as a corporation sole. It is the duty of this ‘office' to ensure, so far as is reasonably practicable, the health, safety and welfare of their officers as they are responsible for the operational decisions and the day-to-day running of their force.
Other police staff, although often managed by the chief constable/police commissioner, are employed by police authorities/joint police boards who have the legal duty to ensure their employees' health, safety and welfare at work.
This means that the individual chief constable/police commissioner and individual members of police authorities/joint police boards will not be held personally liable for any breaches of health and safety legislation by their force, except where it is proved that the offence has been committed with their consent or connivance, or has been attributable to their neglect.
All civilian staff working in the Police Service are employed by the Police Authorities.
Striking the balance between operational and health and safety duties in the Police Service was published in October 2009 by HSE. Endorsed by ACPO, ACPOS, the Police Federation(s) and the Association of Police Authorities, the statement reflects a common understanding of how health and safety law should apply to policing. It is a concise document which sets out shared principles which take into account the particular challenges for police, what staff can expect in the way of sound health and safety management systems and what the Police Service can expect of HSE. HSE continues to work with key police stakeholders to ensure that the reality reflects the principles in the statement. The statement is supported by practical guidance - Striking the balance between operational and health and safety duties in the Police Service: An explanatory note.
The determination of the numbers of police officers required for any police activity is an operational decision for each individual force and not one for HSE. However the force has a legal requirement to conduct a suitable and sufficient risk assessment for each type of activity, which should include consideration of the number of officers necessary to ensure the health and safety of those involved, taking into account the nature of the activity, time and location.
If there is a significant change in circumstances then the assessment must be reviewed and suitable arrangements put in place to manage the risk which may include altering the minimum number of officers required.
The first stage in considering whether body armour should be provided is a risk assessment, conducted in accordance with the Management of Health and Safety at Work Regulations 1999. This requires every employer, in this case Chief Officers, to make a suitable and sufficient assessment of the risks to health and safety that his employees are exposed to at work. For police officers and operational police staff, such an assessment would need to include the risk of violence.
Where a risk cannot be adequately controlled by other means, then suitable Personal Protective Equipment (PPE) can, as a last resort, be provided. This requirement is found within Personal Protective Equipment at Work Regulations 1992.
The decision to issue body armour must be based on a risk assessment. If the outcome of the assessment is that body armour should be worn at all times then the force must ensure that is complied with. If the assessment indicates that it is only needed in certain circumstances then it must ensure that the distinction between times and circumstances are clearly understood and applied, which arguably is a harder issue to manage.
Her Majesty's Inspectorate of Constabulary (HMIC) has published a report ‘Adapting to Protest' which is available on their website. The report contains a number of recommendations which relate directly to the welfare and safety of protesters. Other recommendations relating to training and guidance are also relevant. HSE has a role in connection with the safety of members of the public arising from policing activities but there are no duties under the Health and Safety at Work Act which relate to their welfare.
There is legislation on the fitting and wearing of seatbelts which is enforced by the Department for Transport. The legal requirement to wear a seatbelt does not apply where a vehicle is being used for police purposes or for carrying a person in lawful custody. The Association of Chief Police Officers has issued guidance to police forces on this issue.
Every police force should ensure that it has mapped out where the Airwave radio system has limited or no coverage and that where these ‘holes' occur arrangements are put in place to mitigate the risks. Organised operations or known patrols in areas with limited or no coverage must also plan to reduce any possible risks.
HSE has issued a Certificate of Exemption from regulations 6(4) and 7(3)(b) of the Control of Noise at Work Regulations 2005 in relation to operations involving explosive methods of entry.
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