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The Chairman introduced report ES/0945 which set out health and safety responsibilities in Southwold Harbour and invited the Head of Operations and Senior Environmental Health Officer to summarise the report.
The Head of Operations advised that with the formation of the Harbour Management Committee, East Suffolk Council had sought clarification of its responsibilities in relation to the harbour operation; to confirm where legal responsibility would lie for activities taking place in the harbour lands, and to identify how to make best use of the skills and expertise of the Members of the Harbour Management Committee.
The Head of Operations went on to explain that the Council was the owner and Statutory Harbour Authority for Southwold Harbour. The HMC was a Committee of the Cabinet of the Council and was not run or operated through any separate legal entity and therefore the HMC had no separate status from the Council in health and safety law. The Council was the employer, and therefore the duty holder under the key sections of the Health and Safety at Work Act. It was also the legal entity against which enforcement action would be taken in the event of breaches of the legislation.
In addition to the Health and Safety at Work Act, the Council was also expected to comply with the Marine Safety Code as the Statutory Harbour Authority. Under the Marine Safety Code a harbour management committee may act as the ‘duty holder’ for marine safety although the role of internal duty holder should not be confused with the Council’s role as the legal duty holder. The Marine Safety Code also referred to a ‘Designated Person’ whose role was to provide independent assurance directly to the duty holder that the safety management system was working effectively, and subject to the HMCs agreement the Council would begin to recruit for a designated person for the Southwold Harbour.
The Head of Operations confirmed that HMC did have a role in terms of oversight, expertise and to provide recommendations to the Council to guide its management of the harbour and that a Compliance Working Group should be formed to enable best use of the HMCs expertise. He added that one of the first priorities of the Working Group would be to ensure a rota for the harbour master was in place and to review current health and safety risk assessments for the harbour and caravan site.
A Committee Member highlighted the webinars available from the British Port Association and advised that any new designated person and relevant officers should make use of this. He added that the Council should consider becoming a member of the Association to make use of their health and safety advice. The Head of Operations confirmed that he would investigate this further with the Compliance Working Group.
A Committee Member stated that some larger port organisations used other organisations rather than individuals in the designated person role, and that there were a number of marine advisors who would offer this service.
In response to a query from a Committee Member, the Head of Operations advised that the role of designated person would be for port health and safety functions only.
There being no further comments, on the proposition of Richard Musgrove, seconded by Councillor Rivett it was by a unanimous vote
RESOLVED
• That it be noted that ESC will remain the duty
holder
• That a Working Group be created to look at Compliance, including
Health and Safety
• That an independent Designated Person be appointed