Heroic acts should not result in prosecution

A special report into health and safety laws has said that “senseless rules” should not get in the way of acts of heroism by members of the police force.

Oct 21, 2010
By Dilwar Hussain

A special report into health and safety laws has said that “senseless rules” should not get in the way of acts of heroism by members of the police force.

The Common Sense Common Safety report was published by Lord Young of Graffham following a Whitehall-wide review of the operation of current health and safety laws and the growth of the compensation culture.

The report was published on October 15 and said officers should not be at risk of investigation or prosecution under health and safety legislation when engaged in the course of their duties if they put themselves at risk as a result of committing a heroic act – a notion that has received backing from the Association of Chief Police Officers (ACPO).

Prime Minister David Cameron also threw his weight behind the conclusion and said “we are going to put a stop to the senseless rules that get in the way”.

Joe Stewart, ACPO lead on safer and healthier policing, said: “ACPO continues to support a commonsense application of health and safety principles within the police service.

“Sensible and pragmatic application of health and safety legislation to policing assists in protecting our staff – our most valuable resource – from unnecessary injury and cost.

“Lord Young’s review recommends that police officers should not be at risk of investigation or prosecution under health and safety legislation when placing themselves at risk in the line of their duty to protect the public.

“We wholeheartedly welcome and support this recommendation, which clearly impacts not only on decisions and actions taken by frontline police officers and staff, but also those decisions taken by chief officers and senior managers, often in very challenging circumstances.”

The Health and Safety Executive (HSE) engaged in joint partnership work with ACPO and other authorities to identify how a balance could be struck between high-risk operational duties and the health and safety of themselves and others.

Their efforts led to guidelines being drawn up to rectify the concerns – striking the balance between operational and health and safety duties in the police service – a document which points to how a different approach could be taken and one that has now received the support of Lord Young’s report.

“This ‘common sense, common safety’ approach also reinforces the fact that on many occasions a practical approach to health, safety and welfare does not have to be associated to significant financial costs; in fact, if fully integrated at levels of decision-making within the police service, effective health, safety and welfare can assist in cost savings,” added Mr Stewart.

“We also welcome Lord Young’s comment on the need to set the record straight on misinformation about health and safety.

“Police officers and staff throughout the UK put themselves at risk on a daily basis in protection of the public, walking towards danger while others walk away. This remains an essential part of the policing mission.”

The guidelines highlighted a number of key points which should be considered when deciding on a new review, including:

•Officers have to send officers and staff into dangerous situations in circumstances when anyone else would be seeking to get away from the danger;
•There is often an unrealistic public expectation that officers and staff will put themselves at risk to protect the public;
•They have to take into account the wider purpose of the police service, including public safety and the legal framework within which they operate and not act solely to protect their own officers and staff; and
•In fighting crime, the police service is, in effect, reducing the overall risk to the public – however, in doing so, police activities may create other risks.

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