Minutes of the 119 meeting of the board of the Health and Safety for Northern Ireland held on Thursday 27 January 2022 via Zoom at 9.00am.
Present:
Board Members:
- Mr D Martin – Chair
- Mr H Sinclair
- Mr T Wright
- Mr S McDowell
- Mr A Cooke
- Mrs S Rooney
- Mr G Strong
- Mrs C Irwin
- Dr P Hart
HSENI Officials:
- Mr R Kidd - Chief Executive
- Dr B Monson - Deputy Chief Executive
- Mrs N Monson - Deputy Chief Executive
- Mr K Neeson - Deputy Chief Executive
- Mr M Ditchfield - HSENI
- Ms L Nelson - Minutes
Department Officials:
- Mr D Malcolm - DfE
- Mrs L Morgan - DfE
The Chair welcomed everyone to the 119 meeting of the HSENI Board. The Chair explained the running order of the meeting, Mr Wright will report on the Audit and Risk Management Committee (ARMC) meeting to allow him to attend another meeting.
D Malcolm, Deputy Secretary, DfE will provide a departmental overview and L Morgan, DfE will provide a 10x Presentation.
Mr A Cooke left the meeting at 9.45am.
Mr T Wright left the meeting at 10.00am.
Mr D Malcolm left the meeting at 10.15am.
Mrs L Morgan left the meeting at 10.50am.
Mr H Sinclair left the meeting at 11.00am.
1. ARMC Report
The ARMC Chair thanked everyone for agreeing to start the meeting early.
The ARMC met on 13 January 2022. The following areas were highlighted by the ARMC Chair as having been discussed at the latest ARMC meeting:
- draft minutes - important issues were discussed reflecting a positive and productive meeting
- matters arising and action points discussed - staff training on Business Continuity Plan (BCP) still on hold due to Covid, the ARMC Chair stated he is assured that the BCP has been rigorously tested over the last two years
External Audit
The ARMC Chair reported to the Board that he had addressed the issue of the Grant in Aid being recorded as a financial mis-statement on the Annual Report and Accounts after the ARMC had provided assurance at the previous Board meeting. He provided further assurance that going forward there would be no confusion in the recording of Grant in Aid.
Annual Report and Accounts
It has been approved by Northern Ireland Audit Office (NIAO) and is awaiting Ministerial approval before being laid.
Internal Audit update
Strategic Planning audit has been completed and received a ‘Satisfactory’ assurance rating with no recommendations. The setting and reporting of targets was discussed at the meeting. This point will be addressed at the upcoming Board workshop.
The ARMC Chair thanked the Chief Executive and HSENI staff for facilitating the audit.
Development of HSENI Corporate Plan 2023-2028
The ARMC Chair reported that some slippage has occurred in the development of the new Corporate Plan. He asked if it would be beneficial to have additional strategic planning workshops.
The Chair suggested drawing up a plan with strategic dates for the Board to ensure the plan is jointly owned by the Board and the Senior Management Team (SMT). The Chief Executive thanked the ARMC Chair and the Board Chair and reported that SMT is in the process of drafting a strategic timeline which will be circulated by email to Board members asking for comments.
Risk register
Focusing on financial, business disruption and legislation risks along with the impact of COVID-19 on staff and work activities, the ARMC Chair stated the risk register provided a detailed overview of corporate risks and assured the Board that the Chief Executive and SMT continue to monitor risks. The ARMC Chair reported that there has been good progress in the filling of vacancies and letters of offer have been issued to trainee inspectors. Human Resources (HR) matters will be discussed later in the meeting.
Audit Recommendations Progress paper
The ARMC Chair reported that some recommendations from the General Data Protection Regulation (GDPR) audit remain outstanding.
Some of these recommendations require action by third parties and HSENI cannot take these recommendations any further. The ARMC Chair requested that these recommendations stay on the progress paper to ensure full implementation of all recommendations made.
Direct Award Contracts
None
Publications from DoF’s Accountability and Financial Management Division
The ARMC Chair stated that this paper was a useful point of reference for ARMC members.
Mr Strong asked how many staff were requesting a return to working in the office and what financial costs this would entail. The Chief Executive and Mr Burns reported that HSENI had set up a working group consisting of SMT and staff members to consider the return to office. Staff were issued with a survey and approximately 80% of staff are happy to continue to work from home using the hybrid model with access to the office when needed. It was agreed by the working group that protective screens would not be necessary in the office. CO2 monitors have been ordered.
Current arrangements are that only one person can work is in each office but going forward this will increase to two people based on the Covid risk. Line Managers are encouraged to keep in touch with their staff and training courses are available to all staff in relation to mental health issues. Mr Strong stated that it was good to hear that a proactive plan for returning to the office is in place.
The ARMC Chair reported that a new External Auditor, Ross Boyd Ltd, has been appointed by the NIAO to undertake HSENI’s external audits for financial years 2021-22 to 2025-26.
Dr Hart thanked the ARMC members for their work on the Committee. However, she voiced her concerns that the issue in relation to Grant In Aid had not been completely resolved. The ARMC Chair reported that the issue arose after the draft Report to Those Charged with Governance was issued. NIAO had reported a clean audit with only minor issues at the ARMC prior to raising this issue.
The Chair stated that the ARMC was aware of the issue and going forward will keep it in focus. The Chair stated there will be further discussion with the Chief Executive and the Finance team.
The Chair thanked Mr Wright and the Committee for the work carried out at the ARMC meetings and his detailed report.
Andrew Cooke informed the board that a fatal accident had taken place the previous day on a site managed by Graham’s, thereby recording his interest. He acknowledged the professionalism of the HSENI staff who attended the scene and asked the board to excuse him in order that he could deal with matters arising from the incident.
The Chair extended our sympathy to the family of the deceased and to all who would feel the impact of the incident. He also explained for the benefit of new board members that should there be any future need to discuss the matter, that Mr Cooke would absent himself from those discussions.
Mr Cooke left the board meeting at this point.
2. Departmental Overview
David Malcolm, DfE, responsible for Management Services & Regulation Group, provided the Board with a detailed departmental overview in relation to Work at Home Guidance, Covid challenges, budget position, NI Protocol and vacancies.
Mr Malcolm thanked HSENI and the Board for the way in which they had dealt with many new challenges since the start of the pandemic.
The Chair thanked Mr Malcolm for attending the meeting and stated that he provided a good overview of the NICS perspective on current issues.
The Chair, on behalf of the Board and the organisation, thanked Mr Malcolm for his support over the years, stating that the relationship between HSENI and the Department was very solid and open and that he expects this to continue.
Mr Malcolm wished HSENI all the best for future endeavours.
3. 10x Presentation
The Chair welcomed Mrs Morgan to the meeting.
Mrs Morgan, Organisational Development and Transformation (ODT) Programme Manager, updated the Board on the 10x Strategy via a presentation.
Mr Strong asked what 10x stands for. Mrs Morgan stated that 10x is an economic vision for a decade of innovation. The concept embraces innovation to deliver a ten times better economy with benefits for all people.
Mr Strong reported that previously he had worked on a large transformation programme, which created a problem with silo working. He asked if this had been an issue within this project. Mrs Morgan stated that as all the Grade 3’s within the Department were committed to this project and this commitment was cascading within the organisation. They have 45 volunteers across a number of working groups.
Mrs Morgan advised that they are setting up project teams and encouraged all grades down to EO1 level to participate. She stated that if HSENI would like to get involved to contact her. The plan is to provide updates on the project by springtime.
The Chair thanked Mrs Morgan for the overview of the project.
4. Apologies
None to report.
5. Corporate Health, Safety and Welfare
The Chief Executive reported that there were no issues to report.
6. Declaration of Conflict of Interest(s)
None to report.
7. Previous minutes
The minutes of the Board meeting held on 28 October 2021 were circulated to Board members prior to the meeting. The minutes were approved and adopted.
8. Matters Arising
Due to the increase in the number of Omicron cases, the Board workshop due to take place on 7 February was postponed. A list of dates have been sent to Mr Mungavin and the workshop will be rearranged for later in the year. The Chair suggested either holding a half day workshop or holding it virtually. Mrs Irwin stated that as information needed to be discussed it would be better to have the workshop face to face.
Mr Strong suggested that as there was a number of topics to discuss at the workshop, it may be useful to draft an agenda to allow the opportunity for preparation. The Chair agreed with this.
The Chief Executive provided a broad synopsis of the day, stating that the morning session would be a workshop with Mr Mungavin and the afternoon session would provide the Board the opportunity to review issues on the new Corporate Plan.
9. Chief Executive’s Report
The following items were highlighted by the Chief Executive:
- a busy and productive quarter in relation to staffing and finance
- we are now in a position to allocate dates to staff taking up new posts
- it is important to inform the department of staff start dates to keep within the 1% budget tolerance.
- risk register covering finance, governance, reputational and business disruption risks
Quarterly monitoring return (QMR):
- number of visits is increasing
- delivery of online workshop and webinars - the Chief Executive thanked staff involved with these
- the Chief Executive thanked staff who carried out COMAH site visits
- Annual Report and Accounts have been approved by sponsor branch and the Permanent Secretary, awaiting Ministerial approval - the Chief Executive thanked staff for producing the document
- excellent work being carried out by the Mental Wellbeing at Work team - SMT and Heads of Group (HoG) received a presentation on Trauma from the team
- EU Exit teams have a red RAG status because of the delay in filling staff posts
Dr Hart thanked the Chief Executive for the report. Dr Hart referred to Item 3 of the report and ‘demands’ for information. Dr Hart asked what these ‘demands’ were. The Chief Executive explained that HSENI had received a number of requests to join working groups. A discussion took place in relation to CO2 monitors and air filtration systems. Dr Monson attends a working group set up by the Deputy Scientific Advisor in relation to this.
The Chair asked if SMT was satisfied with the solutions in place to facilitate the return to office working. The Chair stated that some people would be more productive in an office environment. The Chief Executive reported that over the last two years it has been proven that not everyone needs to be in the office but that there will be more use of the office in the coming weeks. The Chair stated that it is important that staff spend some time in the office. The Chief Executive said that training is being rolled out to Line Managers for managing staff remotely.
Mrs Irwin asked on page 30 of the QMR why 90% of asbestos notifications processed within five days of receipt was recorded as ‘ongoing’. It was noted this was a typing error and should have read ‘Target achieved year to date.’ The QMR has been updated to reflect this.
Mrs Irwin asked how HSENI could turn around the fatalities in the agriculture sector. The Chief Executive reported that HSENI works in conjunction with the Farm Safety Partnership (FSP), Ulster Farmers Union (UFU) and Rural Support. Mrs Monson reported that Dr Monson attends sub-groups from the FSP monitoring trends on quad bike accidents, falls from height etc.
HSENI can influence but cannot control people. Farmers are very reluctant to seek help. A discussion took place in relation to agriculture fatalities and the use of social media to get messages out to the public. Mrs Monson also mentioned the survivor stories created through the FSP. The Chair asked if Dr Monson could provide a report from the FSP of initiatives being carried out for the next meeting.
- Action point - Dr Monson to provide a report from FSP on initiatives being carried out
Mrs Rooney asked if the two red RAG status targets in relation to EU Exit teams would be better placed on the emerging risk register. The Chief Executive reported that the status was as result of the delay getting staff in place. As staff were now in post this would not be an emerging risk.
Mr McDowell asked about the process HSENI follows to set targets for the operating plan. The Chief Executive reported that HSENI sets targets but has no control over the amount of accidents or incidents. A lot of incidents are repetitive eg. falls from height, vehicle/pedestrian accidents.
A discussion took place in relation to the Corporate Plan 2023 - 2028. The Chair stated that the purpose of the Corporate Plan strategy was to look at outcomes from the outgoing plan and address these when setting the next one. Mr McDowell stated that HSENI needs to challenge itself to reduce the number of accidents.
10. HR Report
Mr Neeson updated the Board in relation to the HR Report and the following items were highlighted:
Sickness Absence:
87.8% of HSENI staff had no sickness absence throughout Q2, July - September 2021. The number of working days lost per staff year equivalent is 2.1 days. Mr Neeson assured the Board that SMT has no concerns in relation to sickness absence within HSENI.
Vacancies:
Mr Neeson updated the Board on the vacancy management issue with Northern Ireland Civil Service Human Resources (NICSHR) to fill vacancies.
Vacancies in Progress:
- Higher Scientific Officer – HSENI Laboratory (HSO) – Q4 2021/22
- Senior Scientific Officer – HSENI Laboratory (SSO) – Q4 2021/22
Recent Appointments:
- 1 x PI (Grade 7) appointed to fill HoG post in Major Hazards, Gas and Transport Team. Appointment was taken up on 1 November 2021
- Trainee Health and Safety Inspectors (x12) - Offer letters issued on 23 December 2021-11 accepted post, appointments due to be taken up on 28 February 2022
Vacancies on hold:
- Assistant Scientific Officer (Scientific Services), AO (Complaints and Notifications) and Business Advisor (EO1) (Construction) are on hold due to ongoing budget uncertainty
- current Trainee Inspector cohorts - completion of training programme through HSE(GB) is progressing well - First cohort from March 2019 is due to complete its training summer 2022
Staffing Matters - NI Protocol
Vacancies in Progress:
- 1 x EO1 / PTO Market Surveillance (Chemicals)
- 1 x EO1 / PTO Market Surveillance (Product Safety)
- 1 x EO2 Market Surveillance (Product Safety & Chemicals)
Recent Appointments:
- DCE (Grade 6) Market Compliance and Operations Division - Appointment was taken up on 1 November 2021
- 2 x Deputy Principal (DP) / SPTO Market Compliance (Chemicals) - Appointments were taken up on 4 January 2022 and 17 January 2022
- 1 x EO1 / PTO Market Compliance (Chemicals) - Appointment was taken up on 4 January 2022
- 2 x DP / SPTO Market Compliance (Product Safety) - Appointments were taken up on 4 January 2022 and 17 January 2022
Mr Strong asked if there was a reserve list of Trainee Inspectors as only 11 had accepted. Mrs Monson explained that there was a reserve list which would remain in place for one year but as there were two panels they could only recruit two candidates at a time, one form each panel.
Mrs Rooney asked if there were mitigations to cover the £120k shortfall for the proposed 2021 pay deal. The Chief Executive reported that HSENI can place bids for this money in the monitoring rounds. This is a recurring risk every year as the pay award is implemented automatically. The Chief Executive reported that savings are made on the budget when vacancies are not filled.
Mr McDowell thanked Mr Neeson for the HR report, adding a thank you to all involved in the success of the recruitment initiative. Mr McDowell asked how HSENI plans to retain the trainees within the organisation. Mr Neeson reported that there was a clear induction plan. SMT will meet the new staff and a number of sessions have been planned for the new staff to meet each HoG. Each trainee inspector will also have a mentor to help with the training programme. The Chief Executive paid tribute to the Deputy Chief Executives for the work carried out to develop the new training programme.
Mrs Monson reported that HoG have been informed that the organisation considers the training of the new recruits a priority. HoG have been asked to set aside time for training within their teams. The training will consist of induction, foundation learning, regulatory training, on the job training and finally a mix of on the job and diploma training.
The Chair congratulated all involved in the development of the new training program and noted that as a pilot it will be kept under close review throughout.
11. Finance Report
Mr Ditchfield updated the Board on the Finance report.
The following items on the Finance report were highlighted by Mr Ditchfield:
- explanation of budget situation in Table A 10 December 2021 and Table B 17 January 2022
- staff and operating expenditure to 17 January 2022
- January monitoring rounds
- Programme expenditure to 17 January 2022
- Profiling week by week during February 2022
- Northern Ireland Protocol (NIP) expenditure
- Budget tolerance
- Current position
The Chair thanked Mr Ditchfield for the update.
12. Legislation Report
Mr Burns reported progress in relation to the delivery of HSENI’s Legislative Programme since the previous report.
Consultations
A submission has gone to the Minister seeking agreement to the adoption of the following HSE Approved Codes of Practice:
- Safe work in confined spaces (L101) (Third edition)
- Safe use of lifting equipment (L113) (Second edition)
Plans to adopt HSE Aproved Code of Practice (ACOP) Safety of Pressure Systems (L122) (Second edition) have been shelved as HSE now intends to review this document.
A draft consultation is currently under preparation with regards to an amendment to the Personal Protective Equipment Regulations (Northern Ireland) 1993. On 13/12/21 HSENI received a comprehensive and final regulatory and financial impact assessment from HSE to determine the costs of these regulatory changes on NI stakeholders. This is being considered and incorporated into the draft consultation document prior to seeking approval for public consultation.
Northern Ireland Domestic Regulations
The Mines (Amendment) Regulations (Northern Ireland) 2021. The proposed Regulations will amend the Mines Regulations (Northern Ireland) 2016 (the Mines Regulations). On 7 September 2021 the legal advisor cleared these regulations and they are now being progressed for making. These regulations are due to be signed by a senior DfE official on 20 January 2022 and will be laid at the NI Assembly in due course, coming into operation on 21 March 2022.
An exercise has been undertaken by DoF and DfE to review exemptions for NDPBs across Northern Ireland in relation to employer’s liability insurance. This exercise, which is undertaken periodically, has identified three additional organisations requiring exemption. HSENI has prepared a draft of the Employer’s Liability (Compulsory Insurance) (Amendment) Regulations (Northern Ireland) 2022 to give effect to the exemptions and this has been submitted to the Departmental Solicitors’ Office (DSO) for checking. A submission to the Minister will follow in due course, with the intention that the regulations are made during the current mandate.
EU Exit Regulations
The draft Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) (EU Exit) Regulations (Northern Ireland) 2021 are currently under preparation. On 22 December 2021 Senior Counsel provided further supplementary advice with regards to the vires of these regulations. HSENI is considering this advice and will need to meet with Northern Ireland Office (NIO) and the Department for Business and Industrial Strategy (BEIS) officials in due course to discuss this advice and also to regularise this matter.
The draft Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment) (EU Exit) Regulations (Northern Ireland) 2021 are currently under preparation. An amended submission has went to a senior DfE official on 12October 2021 to seek permission to make these regulations. A follow up request was made by HSENI to DfE on 14December 2021 seeking an update on the position with this submission.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations (Northern Ireland) 2021. Provisions amending the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010. Legislation Unit have been working through DSO queries and their clearance of the draft Regulations is required before a debate in the Assembly can be arranged. DSO has subsequently informed HSENI that DSO does not offer a drafting service and has recommended that an external drafter be engaged to advise on the Regulations. DSO had initially indicated that they would narrow the issues and prepare instructions for the drafter. As of October 2021, DSO has reverted to HSENI with further queries. Certain queries were put to DfT in November 2021 and these are still being considered by their lawyers.
Mrs Irwin asked if expenditure for external drafters has been provided for in the budget. Mr Burns reported that HSENI would need to submit bids to the Department to cover these costs. The Chair asked if there would be any merit in advising the Department of the possibility of these costs arising. Mr Burns stated that he has been liaising with teams in the Department and that they are aware of the situation.
The Board noted the remainder of the report.
13. EU Exit
Mr Burns updated the Board on EU Exit preparations, stating that not all of the Chemicals team positions have been filled. All vacancies in the Product Safety team have been filled.
The Chemicals team will commence training in March 2022 and the Product Safety team will commence training in April 2022 through HSE(GB). It is hoped this will be face to face training and not virtual.
14. Any Other Business (AOB)
Mr Neeson reported on the Emergency Planning Contract. HSENI is progressing a procurement exercise for external emergency planning of COMAH sites. The contract will have no financial implications for HSENI and the Board was asked to note the contract.
The Chair thanked Mr Neeson for the update.
The Chair thanked all for attending.
15. Date of next Board Meeting
The next Board meeting will be held on Thursday 5 May 2022 at 09.30am.
The meeting ended at 13.00pm.