SECTION 9 - HEALTH AND SAFETY POLICY

Active Stirling is fully committed to meeting its responsibilities under the Health and Safety at Work, etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 (as amended), and associated protective legislation, both as an employer and as an organisation. To achieve those objectives it has appointed designated members of staff to be responsible for company health and safety; to keep workplace health, safety and welfare procedures under constant review; to liaise with the Health and Safety Executive where necessary; and to keep the company and its Board of Trustees abreast of new legislation, EU Directives, Regulations and British Standards, in order to ensure ongoing compliance with the law.

The main responsibility for health and safety lies with the Chief Executive and Senior Leadership Team. Active Stirling is bound by any acts and/or omissions of the Chief Executive or any Senior Manager, giving rise to legal liability, provided only that such acts or omissions arise out of and in the course of Company business.

To comply with its statutory and common law duties, Active Stirling has arranged insurance against liability for death, injury and/or disease suffered by any of its employees arising out of and in the course of employment, if caused by negligence and/or breach of statutory duty on the part of the Company.

Active Stirling employees agree, as part of their contract of employment, to comply with their individual duties and will co-operate with their employer to enable them to carry out their health and safety duties. Failure to comply with health and safety duties, regulations, work rules and procedures regarding health and safety, on the part of any employee, may lead to dismissal in the case of serious breaches or repeated breaches; such dismissal may be instant and without prior warning.

In accordance with the Reporting of Incidents, Diseases and Dangerous Occurrences Regulations1995, Active Stirling has instituted a system for reporting accidents, diseases and dangerous occurrences to the Health and Safety Executive, in addition to its statutory duty to provide an Accident Book.

Active Stirling will comply with its duties, so far as is reasonably practicable, in order to:

- Provide and maintain plant and systems of work that are safe and without risks to health, a safe place of work, a safe system of work.

- Ensure the safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances.

- Provide such information, instruction, training and supervision as may be necessary to ensure health and safety at work of its employees.

- Make regular risk assessments available to its employees (this may be in the format of an operational procedure).

- Take appropriate protective/preventative measures.

- Provide employees with health surveillance where necessary.

- Appoint competent personnel to secure compliance with statutory duties and to undertake reviews of the policy as necessary.

In order to meet its obligations to the general public and all lawful visitors to Active Stirling premises, Active Stirling will pay strict attention to its duties under the Health and Safety at Work, ETC. Act 1974 and the Occupiers’ Liability Acts 1957 and 1984.

This policy has been prepared in compliance with Section 2(3) of the Health and Safety at Work, etc. Act 1974 and binds all trustees, managers and employees, in the interests of employees and customers. We request that our customers and visitors respect this policy, a copy of which can be obtained on demand.

Individual responsibilities for health and safety are allocated by management position and by designated posts within the organisation.

Active Stirling Board of Trustees – of which there are 13 positions – meet quarterly and health and safety is on every second agenda. The Board of Trustees shall ensure that Active Stirling is operating within health and safety law and guidance via communication with the Chief Executive.

The Chief Executive has ultimate responsibility for ensuring that the Company fulfils its legal responsibilities, that policy objectives are achieved and that effective machinery and arrangements are in place for the achievement of the policies concerned with health, safety, welfare and environmental protection. He will also ensure that Active Stirling policies are reviewed as appropriate in order to secure continuing compliance with existing policies, current legislation and any changes in the law. The Chief Executive will ensure the allocation of the resources necessary to maintain sound and efficient health and safety arrangements.

Senior Managers will ensure that arrangements for the health and safety of their staff, employed within their function are made known, maintained and reviewed whenever there is a change in operation or location. Senior Managers are accountable to the Chief Executive for implementing Active Stirling’s Health and Safety Policy, encouraging and assisting in developing safety procedures and ensuring that established rules and safe working practices are adhered to.

Operations Managers assist the Senior Managers in ensuring that arrangements for the health and safety of their staff, employed within their function are made known, maintained and renewed whenever there is a change in operation or location. Operations Managers will be specifically responsible for:

- Ensuring that all activities carried out by Active Stirling employees will not create a risk or hazard to the customers, customers’ property and/or their employees. Similarly, no operation carried out by contractors should place employees or members of the public at risk.

- Ensuring that all employees are adequately trained and competent to carry out the work allotted to them without risk.

- Ensuring that where health and safety training needs are identified, arrangements for training will be made as appropriate.

- Ensuring that all Active Stirling procedures are adhered to at all times.

- Ensuring that Supervisors are properly trained and receive the support they need to perform their duties.

In fulfilling these responsibilities, all Operations Managers will ensure that:

- This policy is reviewed in light of their particular operational responsibilities.

- All accidents and dangerous occurrences are fully investigated and preventative actions are recommended.

- Safe systems of work are implemented and are adhered to with such safe systems of work being documented.

- They are aware of, and implement, all safe working practices and procedures.

- All necessary arrangements are made and maintained in respect of accident reporting, first aid, fire precautions etc.

- All relevant statutory records are regularly maintained and inspected.

Managers are also responsible for the health and safety of all employees for whom they have an operational responsibility.

Supervisors are accountable to their managers for the day-to-day implementation of Active Stirling’s general health and safety policies, safe working practices and to provide employees with information about hazardous substances and precautions in general. They are additionally responsible for the introduction of remedial measures to reduce or eliminate unsafe acts or conditions. Their responsibilities also include informing, instructing, training and supervising employees in safer methods of work and for investigating accidents which are reported to them.

Active Stirling will appoint competent persons to carry out specific tasks in relation to health and safety. A person is considered competent when they have sufficient training and experience or knowledge to enable them to assist in undertaking such measures.

Active Stirling will be advised on health and safety matters by Stirling Council’s Health and Safety Advisors within Corporate Services Health and Safety Unit.

Active Stirling will also be advised on health and safety by Quality Leisure Management (QLM) based in Cheltenham, Gloucestershire. QLM provide Active Stirling with assessment services and assist in developing our operational management in line with legislation.

First-aiders will be appointed for all Active Stirling premises in accordance with the Health and Safety (First Aid) Regulations 1981, as amended. They will be responsible for taking prompt and appropriate action following any incident, whether to an employee or not.

All employees will ensure that:

- They are fully conversant with this policy.

- They will co-operate with Active Stirling in meeting its statutory duties.

- They will take reasonable care of themselves and others who may be affected by their acts or omissions.

- No one intentionally or recklessly interferes with or misuses anything provided in the interest of health and safety policy.

- All accidents, dangerous occurrences and near misses are immediately reported to their manager.

- They are fully conversant with all fire procedures applicable to the area in which they are working.

- All equipment provided for personal safety shall be used and maintained in a condition fit for that use, and any defects reported immediately to management.

- Where an employee identifies any condition which in his or her opinion is hazardous, the situation will be immediately reported to their immediate manager.

- When local management cannot resolve a hazardous situation they must get in touch with Stirling Council.

- During the course of their normal duties, employees will use equipment and facilities that are fit and proper for the intended purpose in a safe, correct manner, as provided within the following categories:

- Arranged, provided and/or otherwise approved by Active Stirling.

- Provided by the customer with specific authorisation that they may be used by employees of the company.

- Provided for unrestricted use by members of the general public.

Please see appendix 1 for a schematic detailing the organisational structure for Active Stirling.

The following arrangements and procedures shall be put in place to ensure health and safety of all employees, and others, whilst at work and as affected by working activities.

All premises and activities carried out by Active Stirling are subject to a risk assessment in accordance with the relevant legislation using the format provided (CIMSPA format). Risk assessments will be reviewed whenever any of the following factors occur:

- Change in legislation

- Change in control measures

- Significant change in work carried out

- Transfer to new technology

- Original assessment is no longer valid

- Routinely – after the stated elapse of time i.e. 1 year

- Review may be required following an accident investigation.

Assessments will be recorded and records are maintained by the nominated person on site. The results of all such assessments are reflected in the operational procedures which are communicated to all employees via induction and training.

All Active Stirling policies and procedures issued in the interests of health and safety will be regarded as supplementary to this policy. These include those pertaining to:

- Control of Substance Hazardous to Health 2002

- Display Screen Equipment

- Provision of personal protective equipment (PPE)

- Written safe systems of work

- Fire safety, fire prevention and emergency evacuation procedures

- Appointment/election of safety representatives and safety committee procedures

- Control of contractors and use of permits to work.

Specific procedures will be maintained for ensuring that the following requirements are met:

- That all buildings, plant and equipment meet statutory requirements, that any remedial action required is carried out without delay and that any unsafe equipment is safely immobilised.

- That all new equipment introduced into any location conforms with statutory requirements.

- That all sub contractors who are to work on or in any of Active Stirling’s premises are made aware of all safety procedures and any hazards applicable to the areas in which they are to work.

- That all fire-fighting appliances, detection systems and alarms are regularly inspected and tested and a log retained of the same.

- That the fire procedure is displayed and reviewed at frequent intervals with regular tests of the procedure.

- That no new chemicals/substances will be purchased or brought into the premises until their hazards have been assessed in accordance with the Control of Hazards Substances to Health Regulations 2002.

- That inspections are made under the Electricity at Work Regulations 1989 of all work activities which use electricity and that, so far is reasonably practicable, any risk to those who may be affected is removed or reduced.

Reporting and Investigating of Accidents and Dangerous Occurrences

All accidents no matter how minor, will be reported on Active Stirling’s Accident Form.

- All accidents, dangerous occurrences and near misses will be reported immediately to the manager responsible for the site as soon as possible after the event.

- A competent person will at periodic intervals analyse the accident statistics and issue a report to senior management for submission to the Board of Trustees.

- Where an employee of another company or organisation is involved in an accident whilst carrying out their work, a copy of the accident report form will be sent to his employer.

To comply with the general duty to provide such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health, safety and welfare of staff, health and safety training will be provided as follows:

- At induction

- Refresher training at regular intervals

- On change of work duties

- On introduction of new technology

- On changes in systems of work

- When the need is identified in risk assessments.

Managers at all levels will be included in the health and safety training programme. Records of all health and safety training will be maintained by site management.

The following members of staff have been designated competent persons for the responsibilities shown:

Consultation will take place via the Health and Safety Committee to discuss matters of health and safety.

Any employee with a health and safety concern must inform his/her supervisor initially. If after an investigation, the problem is not corrected in a reasonable time, or the supervisor decides that no action is required and the employee is not satisfied with the explanation then the employee may refer the matter to a member of the health and safety committee. This must be in writing.

If still dissatisfied, the safety representative may seek a meeting with the appropriate manager. Failing resolution at this stage, the matter may be entered on to the agenda of the next health and safety committee meeting at the Chief Executive’s discretion.

Notwithstanding the above, this policy will be reviewed on an annual basis but will be referred to the Active Stirling Board of Trustees with updated changes as and when these take place.