Contact: Mike Fitch Ext: 7846

1. Summary

1.1 The following decisions are sought:

1. That the corporate risk assessment for the Built Estate be approved.

2. That the annual review of risks affecting the Built Estate and the

achievements made be approved.

3. That the progress with tackling hot surface safety in Social Services

properties be noted and that further work be implemented as resources are made available and priorities assessed.

4. That the work to raise premises health and safety awareness

amongst local managers be endorsed and the proposals to establish property health and safety audits with local managers be agreed subject to the arrangements being agreed with CMT.

5. That in respect of Asbestos Management, approval be given to the:

(i) development of a programme for stage two asbestos surveys and the

resource implications identified;

(ii) development of strategies to respond to the proposed new Code of

Practice for Asbestos Management.

6. That the proposal to develop programmes for electrical safety be

worked up for inclusion, where appropriate in future Landlord programmes.

2. Reasons (s)

2.1 To enable proposals relating to the development of health and safety management for local managers and a response to new regulations to be progressed.

3. Other options considered and rejected

3.1 Not applicable.

4. Conflicts of interest declared by the decision-maker or a member or officer consulted

4.1 Not applicable

5. Dispensation granted by the Standards Committee

5.1 Not applicable

6. Reason (s) for the matter being dealt with if urgent

6.1 Not applicable

Approved by:....................................... Date of decision:....................

Councillor T K Thornber

Contact: Mike Fitch Ext: 7846

1. Introduction

1.2 Established in 1998, the Corporate Risk Assessment for the Built Estate identifies and prioritises areas of risk, gives an agreed order in which to tackle health and safety improvements and guides future investment decisions. Since its introduction, approximately £10 million has been invested in health and safety initiatives.

1.3 The Corporate Risk Assessment is reviewed annually to measure progress, review investment programmes, highlight legislative changes and the potential impact on the built estate, and report on serious incidents.

1.4 This report summaries the main achievements during 2001/2002 and proposes an action plan for 2002/2003, consistent with the resources currently available.

2. Methodology

2.1 The methodology used to evaluate risks for the Built Estate has now been adopted by the County Council's Risk Management Board for application by all departments. The District Auditor has commented that the risk assessment methodology represents sound management practise and is recommending this approach as a model of best practice with other agencies, including the Health and Safety Executive.

2.2 The methodology compares the severity and likelihood of risks for key activities to define and rank the level of risk. Nearly 75% of the activities associated with the Built Estate fall within high and medium risk categories as illustrated in Appendix 1. Appendix 2 summarises the existing risk controls applied to manage these risks.

2.3 Many risks evolve and are affected by changing circumstances, for example:

· The implementation of the County Council's own investment programmes;

· New legislation imposing higher standards, eg Asbestos Regulations and Social Services Inspection arrangements;

· Deterioration in the built estate due to age or obsolescence

· The ability to match increasing liabilities i.e. the schools Asset Management Plan has identified a backlog condition liability of about £230 million over the next five years against which the DfES has awarded the County Council just over £31 million over the next three years.

It is a salutary note that notwithstanding the increase in available resources the liabilities in five years time will be greater than currently assessed.

2.4 These points illustrate the need to continue with a risk management approach to manage the Council's built estate, linked to investment programmes. However, our risk management approach may not prevent prosecution, given the strict liability that applies to health and safety incidents when they occur.

2.5 New legislation with higher standards inevitably imposes greater requirements on the County Council's resources. Two key areas of change which will impact on the built estate in the immediate and foreseeable future are the Asbestos Regulations and the Care Standards Commission, which directs the inspection service for Elderly Persons Homes. Section 4 of this report highlights the impact of these legislative changes on the Landlord's operations.

3. Achievements - 2001/2002

3.1 Investment in health and safety improvement has been met primarily through capital and revenue repairs programmes and pro-active maintenance regimes - particularly through the new arrangements for term contracting. Appendix 2 illustrates the initiatives that are being pursued. The main achievement this year is the consolidation of existing health and safety initiatives for control of contractors and hot surface protection. A new programme to develop greater awareness of property health and safety management amongst local managers or building users has also commenced.

Control of Contractors:

3.2 Specialist Health and Safety Consultants (Symonds Group) have worked for several years with the Department's senior managers to develop procedures for technical auditing of contractors' health and safety performance. The majority of technical and professional staff have received technical health and safety training as part of their personal development.

3.3 A fundamental review of the approved list of contractors is nearing completion. Contractors have had to demonstrate their competence in health and safety as a pre-requisite for entry onto the new list. New levels of public liability and professional indemnity insurance have been established for contractors and consultants.

Hot Surface Protection:

3.4 Protection of hot surfaces, defined as a medium risk, has seen significant investment during the past 24 months. Recent health and safety incidents and pressure from the Health and Safety Executive (HSE) has influenced and accelerated the pace of investment. Nearly £600,000 has been invested in some 25 Elderly Persons Homes and other Social Services establishments and further phases of hot surface safety work are planned.

3.5 Following incidents at Pier House in 1999 and Green Meadows in 2001, the HSE have served a summons on Hampshire County Council for an offence under the Health and Safety at Work Act 1974. The case will be heard in January 2002.

Local Risk Management:

3.6 Work has commenced with local managers to ensure they adequately control their local health and safety issues. With greater levels of local delegation and management, some of the highest risks for the County Council are transferred to local managers who need to be conversant with best practice requirements. The local management of building contractors is of particular concern due to detailed guidance and legal requirements such as the Construction, Design and Management Regulations 1994. So too are local risk assessments for unit managers.

3.7 A health and safety audit scheme has been developed for secondary schools. Successfully trialed at three secondary schools and discussed with secondary headteacher representatives, a programme of audits will be implemented over the next two years. There is overwhelming support from secondary and primary school headteachers for this new service which has been written into the department's new Service Level Agreement with schools.

4. Action Plan 2002/2003

New Asbestos Regulations:

4.1 New guidance issued by the HSE indicates that new legislation relating to asbestos is due to be introduced next summer. The new regulations, defined by a revised Approved Code of Practice(ACoP) require the identification, assessment and management of asbestos materials in buildings.

4.2 The County Council has an established asbestos register and is in a good position to meet the requirements of the new Code of Practice. Notwithstanding, the above two duties are likely to have a significant impact -annual inspections of materials containing asbestos and a higher level of survey and risk assessment. Appendix 3 compares Hampshire County Council's existing surveys and those anticipated under the new regulations.

4.3 Asbestos surveys for all County Council buildings commenced in 1997. Part of a two stage process, the first survey was a "walk through" visual inspection of premises by surveyors, followed by a second stage, more detailed intrusive survey and sample analysis. Most premises have an asbestos register based on the first stage surveys. The detailed stage two surveys are, in the main, only carried out when major work is being planned. It is anticipated the new code of practice may require the County Council to implement stage two asbestos surveys or take the line of assuming all materials in buildings contain asbestos. The stage two survey programme is estimated to cost £1m over three years for which resources are not currently available.

4.4 Current survey information indicates that materials containing asbestos may exist in over 26,000 locations within County Council buildings. This figure may rise substantially when detailed stage two surveys are carried out. The new legal duty to manage this material, by at least annual inspections, will place a demand on staff time well beyond the existing resource base. Once the final details of this new legislation is available detailed proposals and strategies to manage asbestos within County Council buildings will be developed.

4.5 Since 1997, over 3,700 areas of asbestos have been removed from the County Council's buildings. A new strategy to eliminate asbestos from buildings may be cost effective relative to annual inspections and management. Any proposed asbestos removal programme would require designated resources over many years but would reduce a major liability for the County Council over the longer term

Care Standards Act 2000:

4.6 The new Care Standards Act, effective from April 2002, will define new standards for care homes. The Care Standards Commission will enforce new standards which will impact on the Landlord's repairs and maintenance programmes. The Commission's involvement may make a positive contribution in effectively managing priorities for the physical assets. The repairs and maintenance programme for 2002/2003 in Social Services Homes should make due allowance for this.

Initiatives with Local Premises Managers:

4.7 Control of health and safety at local management level has been identified as a vital component in the safe management of premises. By virtue of the general duties laid down in Section 4 of the Health and Safety at Works etc Act 1974 and the Occupiers Liability Act, local managers have specific legal responsibilities for the control of premises including:

· Common duty of care to all persons on site;

· Authority to stop work and eject contractors for unsafe practices;

· Cooperation and coordination of activities on site;

· Identification of risks to employees and non employees alike.

4.8 It is proposed to develop a "Managing Premises Safely Campaign" with specialist health and safety consultants to raise awareness of local responsibilities and supporting managers through a programme of premises safety audits. This programme needs to be agreed with CMT.

Electrical Safety:

4.9 Electrical safety is shown as a medium risk in the Corporate Risk Assessment. Recent incidents, such as small fires starting in electrical light fittings, highlight the potential to change this from medium to high risk in the near future. Many light fittings and mains electrical switch gear are more than 40 years old and past their design life. It may be prudent to develop new programmes for electrical safety as part of the Landlord's regular capital repairs programmes, subject to resources being available.

5 Conclusions

5.1 The Corporate Risk Assessment enables assessment of competing priorities and provides a guide to the highest priorities for health and safety investment. Financial investment alone will not eliminate the risks, and so they must be controlled with available resources and the involvement of local management wherever possible.

5.2 Planned repair and maintenance programmes must focus on the highest risks and elimination programmes for asbestos should be developed and resourced, where practicable, to reduce the liability of the Council.

5.3 While much has been done by the County Council in relation to Health and Safety, particularly in relation to the Built Estate, the scale, function, age and liabilities associated with the estate suggest that management of the estate remains a long term strategic activity.

The existing strategy, based around a corporate risk assessment, provides a means by which activities can be organised and prioritised.

In the short term reviews of the following activities are recommended:

· control of contractors

· hot surface protection

· local risk/premises management

· asbestos management

· electrical safety

In the medium term programmes of risk assessment and management need to be developed for:

· fire prevention, management and risk

· legionella management

· risk assessments for small contractors

Recommendations:

1. That the Corporate Risk Assessment for the Built Estate be approved.

2. That the annual review of risks affecting the Built Estate and the achievements made be approved.

3. That the progress with tackling hot surface safety in Social Services properties be noted and that further work be implemented as resources are made available and priorities assessed.

4. That the work to raise premises health and safety awareness amongst local managers be endorsed and the proposals to establish property health and safety audits with local managers be agreed subject to the arrangements being agreed with CMT.

5. That in respect of Asbestos Management, approval be given to the:

(i) development of a programme for stage two asbestos surveys and the resource implications identified;

(ii) development of strategies to respond to the proposed new Code of

Practice for Asbestos Management.

6. That the proposal to develop programmes for electrical safety be worked up for inclusion, where appropriate in future Landlord programmes.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

4.4.1. Published works

4.4.2. Documents which disclose exempt or confidential information as Defined in the Act.

APPENDIX 2

SUMMARY OF RISK MANAGEMENT CONTROLS FOR THE BUILT ESTATE

APPENDIX 3

ASBESTOS SURVEY METHODOLOGY

COMPARISON OF HAMPSHIRE COUNTY COUNCIL'S EXISTING SURVEYS WITH PROPOSED REQUIREMENTS UNDER THE NEW REGULATIONS