NHSScotland 'Once for Scotland' Workforce Policies - Managing Health at Work - Public Consultation

1. Adverse Weather Policy

1.1. Aim

1.1.1. The Adverse Weather Policy sets out expectations where severe weather compromises an employee’s safety. This may also impact their ability to attend their workplace.

1.2. Scope

1.2.1.This policy applies to all employees. It also applies to workers i.e. bank, agency and sessional workers. References to employees should be taken to apply to workers unless otherwise stated

1.2.2.This policy complies with current legislation and meets the aims of the Public Sector Equality Duty of the Equality Act 2010.

1.3. Definitions

1.3.1.Adverse Weather events are defined by reference to Met Office Weather. Warning systems are set out in the guide. However, this adverse weather policy applies when:

• severe weather means employee cannot get to their normal workplace
• severe weather poses a significant risk to the health, wellbeing and safety

1.4. Roles and responsibilities

1.4.1.There is a range of standard expectations which underpin all policies. Read more about standard roles and responsibilities. In addition, the following specific responsibilities apply to this policy.

1.4.2.In addition, the following specific responsibilities apply to this policy.

1.4.3.Employer

1.4.4.The employer should:

• Consider the health, safety and wellbeing needs of all employees
• Notify employees when a weather warning has been issued by the Met Office.
• Set out clearly what employee and managers should do when Met Office weather warnings are issued.
• Identify the designated decision makers within the organisation, making sure that there is delegated authority at the appropriate level.
• Make sure managers and service managers are aware of resilience arrangements being put into place to maintain essential service provision.

1.4.5.Manager

1.4.6.The manager should:

• Consider the health, safety and wellbeing needs of their employees.
• Make sure that all decision making is guided by the principle of reasonableness and safety, taking a person-centred approach.
• Take all practicable steps to maintain effective communications with all employees.
• Have an awareness of their employee’s circumstances and proposed travel arrangements.
• Identify, where possible, alternative places to work in the event that weather conditions prevent employees from getting to their usual places of work; this should be an appropriate, safe and viable alternative.
• Encourage flexible working practices for those who can, to work from home
• make employees aware of arrangements for maintaining essential service provision.

1.4.7.Employee

1.4.8.The employee should:

• Take responsibility for their own health, safety and wellbeing in making decisions about travelling to and from work, and in circumstances where travel is a routine part of the job.
• Plan ahead, particularly where a weather warning has been issued and consider alternative options for travelling to and from work.
• Make every reasonable effort to attend work in the event of adverse weather.
• Maintain effective channels of communication with their line manager (or designated manager) and where required, colleagues.

1.5. Planning for adverse weather

1.5.1.Service managers and line managers should make themselves aware of the likely impacts of anticipated adverse weather, taking into account the condition of existing local infrastructure and public transport links.

1.5.2.Wherever possible, early action should be taken to mitigate anticipated impacts. Whilst the precise nature of service impacts may be difficult to predict, all employees should give consideration to minimise unnecessary travel and to promote employee safety.

1.5.3.Consideration might also be given to rearranging or swapping shifts as appropriate. In addition, managers should consider establishing arrangements for confirming safe arrival following travel to and from work locations.

1.6. Provision of essential services

1.6.1.NHSScotland provides a number of essential services in hospitals, clinics and in the community, which must continue to operate in extreme weather conditions. Decisions about which services are essential, will be taken in line with local and national resilience planning arrangements, and the needs of service users. These decisions should be regularly reviewed and communicated during the adverse weather event.

1.6.2.In considering service needs provision, managers should take a person-centred approach to consider individual circumstances of employees.

1.6.3.Employees should not feel compelled to take undue risks in order to attend work and should consider whether it is safe to travel.

1.6.4.Decisions to close services or alter service provision should be taken as early as possible and all affected employees should be notified.

1.6.5.Employees who drive as part of their work must assess whether it is safe to continue to undertake those journeys. This should be discussed with their manager. Employees should work closely with management to make sure that risks are assessed and managed in a systematic and ongoing way. Employees should make regular contact with their manager if they are to continue working, including providing regular updates on their whereabouts.

1.6.6.Where services have been suspended, employees may be redeployed to make sure the continuity of essential service provision. Employees may also be directed to work from another location or at home, where their role would allow them to do so. In situations where employees cannot be redeployed or work elsewhere, full payment for the relevant shift will be made.

1.6.7.Provisions for working at other sites

1.6.8.Where adverse weather is anticipated, Health Boards are expected to be proactive in establishing contingency plans that allow employee to be deployed to other workplaces within their Health Board.

1.6.9.In developing standing arrangements, employers should produce a list of alternative deployment options. These should be made known to service managers and line managers to help facilitate alternative deployment.

1.6.10.When deploying employees to another location, the health safety and wellbeing of employees and of service users should be prioritised.

1.6.11.It is recognised that deployment at an alternative facility will be subject to the limitations of existing systems and infrastructure. Boards must maintain appropriate security and risk management arrangements.

1.6.12.Where an employee believes they are not able to get to their usual place of work, they must make contact with their manager (or other designated service manager) at the earliest opportunity. The manager may request that they attend a nearby alternative NHS facility, subject to the agreement of the alternative facility.

1.6.13.Provision for working across Board boundaries

1.6.14.Where Health Boards have existing arrangements for deployment at alternative institutions across Board boundaries, these will continue to operate as before.

1.6.15.Provision for deployment across Board boundaries must comply with the health, safety, security and risk requirements and management arrangements

1.7. Arrangements for working at home

1.7.1.Decisions about whether home working is appropriate will depend on the employee’s role, whether they have the equipment to work safely from home and whether they need to be alternatively deployed to ensure essential service provision.

1.8. Provision for those remaining on the premises

1.8.1.In the event that the best option for an employee is to remain on the premises, arrangements should be made to provide appropriate accommodation for them. If, during the course of their working responsibilities, employees are stranded on work premises, or where employee are unable to make it home as a result of travel disruption, employers will ensure that appropriate arrangements are made to provide employees with accommodation (at no charge). Accommodation will be offered subject to the relevant constraints and location of the individuals affected. The availability and type of accommodation offered may vary. In all circumstances the health, safety and wellbeing of employees concerned will be prioritised.

1.8.2.In these situations, regular meals and drinks should also be made available. Employees should not be instructed to stay at work outside of normal working hours if they are able to return home.

1.8.3.There may be circumstances in which employees agree to remain on the premises, in order to provide cover for those unable to travel. In such circumstances, employees should be provided with access to meals and drinks and provided with appropriate remuneration or time off in lieu. Employers should also be mindful of their obligations under the Working Time Regulations. Employees are entitled by law to a rest period of not less than eleven consecutive hours in each 24 hour period.

1.9. Provision for shorter working hours

1.9.1.In some circumstances, with due regard to the need to maintain essential services, managers should consider the early release of employees. This will include altering shift change-over times. Managers should also appropriately consider all reasonable requests to leave work early, particularly where employees have a greater distance to travel.

1.9.2.In such circumstances, employees can be regarded for time and payment purposes as having completed their whole shift. Where possible, managers should stagger large groups of employees leaving work premises to minimise wider disruption.

1.9.3.Employees who experience difficulty in getting to work on time due to adverse weather conditions should contact their manager as soon as possible. An employee should notify their manager when they arrive at work. Where the employee arrives late due to travel difficulties, they should be regarded as having completed their conditioned hours for that shift for time and payment purposes. Where advice is issued around avoiding peak time travel, managers should adopt a flexible approach to working pattern to enable employees to attend work and return home safely.

1.9.4.Employees arriving late or leaving early as a result of disruption to their travel arrangements, must not suffer any detriment as a result of their decision to attend work. Where it is safe to do so, employees should be encouraged to attend work even if not for a whole shift, in order to promote essential service provision.

1.10. Provision for special leave

1.10.1.Employees may access paid special leave in circumstances where severe weather prevents them from attending work. Special leave will be made available on the terms set out in the NHSScotland Special Leave Policy.

1.10.2.Employees should not be disadvantaged where circumstances beyond their control prevent them from attending work. It may be awarded both during an adverse weather event and also in circumstances where there is no longer a weather warning in place, but where there is nevertheless still significant disruption to travel and infrastructure.

1.11. Supporting documentation

It is proposed that the supporting documents listed below will be developed to support the policy. Supporting documents are not part of the consultation. These will be drafted following the consultation when responses have been analysed and the policy is developed in a final draft.

• Employee guide
  Descriptor: guide to help employees use and understand the Adverse Weather Policy.

• Manager guide
  Descriptor: guide to help managers use and understand the Adverse Weather Policy.

1.12. Consultation questions

We are inviting responses to this consultation using the Scottish Government’s consultation hub. The following questions are set.

In your response, all questions have the option to answer yes or no. You are invited to provide further comment in a free text box. If you wish to make specific reference to a section of the policy, please quote the relevant numbered line in this consultation document.

1. Do you feel there are any gaps in the policy?

2. Do you feel there are any gaps in the proposed list of supporting documents?

3. Do you have any other comments to make on the policy?

4. Do you have any views on the potential impacts of this policy on equalities groups?

It is against the law to discriminate against someone because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are protected characteristics under the Equality Act, 2010.