human resources activity report · 2017-09-07 · purpose to inform members of personnel activity...
TRANSCRIPT
Purpose To inform Members of personnel activity to the end of December 2014.
Recommendations 1. That Members approve the amendment to the establishment. 2. That Members note the content of the report.
Summary This report informs Members of the Authority’s key areas relating to Human Resources for 2014/15.
OFFICIAL
Human Resources Activity Report Human Resources Committee Date: 23 January 2015 Agenda Item: 5 Submitted By: Director of Service Support
Local Government (Access to information) Act 1972
Exemption Category: None
Contact Officer: Jim Butters, Area Manager Service Support T: 01274 655704 E: [email protected]
Background papers open to inspection: None
Annexes: None
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1. ESTABLISHMENT AND STRENGTH AS AT 31 DECEMBER 2014
Staff Group
Establishment Employees
No. of Posts following
HR Committee 14 Nov 2014
Amendments to Establishment
Proposed Number of Posts
(New Establishment)
Enrolments 1 Oct to
31 Dec 2014
Leavers and Retirees 1 Oct to 31 Dec 2014
Number of People
Employed
Whole Time 1166 -1 $ 1165 17 1164
Retained 144 -12 # 132 13 147
(103 posts)
Control (formerly Mobilising and Communication Centre)
43 -1 * 42
3 42
Green Book (Non-Operational) Personnel 271 1 $ 272
6 4 270
Total 1624 -13 1611 6 37 1623
Further Information - Establishment
$ A Watch Manager post is to be removed from Prevention and replaced by a new Grade 10 Green Book post (approved by Executive Committee, 30 July 2014).
# At the meeting on 21 December 2012, the Fire Authority approved the closure of Haworth Fire Station, with a reduction in Retained Staff of one watch commander, two crew commander and nine firefighter posts.
* In the Fundamental Review carried out in 2011/12, it was decided that, following implementation of the Control Project, the Group Manager post in Control would be replaced by a Station Manager post in Operations (to be moved from Strategic Development).
Further Information - Employees
One of the Whole Time retirements above was due to medical reasons.
9
1.1 CHANGES IN ESTABLISHMENT AND STRENGTH IN PAST FOUR YEARS
0
500
1000
1500
2000
2500
12 Nov2010
28 Jan2011
1 Jul2011
11 Nov2011
27 Jan2012
6 Jul2012
2 Nov2012
18 Jan2013
12 Apr2013
5 July2013
1 Nov2013
17 Jan2014
4 April2014
5 Sep2014
14 Nov2014
23 Jan2015
TOTAL ESTABLISHMENT
TOTAL STRENGTH
0
200
400
600
800
1000
1200
1400
1600
12 Nov2010
28 Jan2011
1 Jul2011
11 Nov2011
27 Jan2012
6 Jul2012
2 Nov2012
18 Jan2013
12 Apr2013
5 July2013
1 Nov2013
17 Jan2014
4 April2014
5 Sep2014
14 Nov2014
23 Jan2015
WHOLETIME ESTABLISHMENT
WHOLETIME STRENGTH
0
20
40
60
80
100
120
140
160
180
200
12 Nov2010
28 Jan2011
1 Jul2011
11 Nov2011
27 Jan2012
6 Jul2012
2 Nov2012
18 Jan2013
12 Apr2013
5 July2013
1 Nov2013
17 Jan2014
4 April2014
5 Sep2014
14 Nov2014
23 Jan2015
RETAINED ESTABLISHMENT
RETAINED STRENGTH
10
0
10
20
30
40
50
60
12 Nov2010
28 Jan2011
1 Jul2011
11 Nov2011
27 Jan2012
6 Jul2012
2 Nov2012
18 Jan2013
12 Apr2013
5 July2013
1 Nov2013
17 Jan2014
4 April2014
5 Sep2014
14 Nov2014
23 Jan2015
CONTROLESTABLISHMENT
CONTROL STRENGTH
0
50
100
150
200
250
300
350
400
450
12 Nov2010
28 Jan2011
1 Jul2011
11 Nov2011
27 Jan2012
6 Jul2012
2 Nov2012
18 Jan2013
12 Apr2013
5 July2013
1 Nov2013
17 Jan2014
4 April2014
5 Sep2014
14 Nov2014
23 Jan2015
GREEN BOOK ESTABLISHMENT
GREEN BOOK STRENGTH
TOTAL ESTABLISHMENT
TOTAL STRENGTH
WHOLETIME ESTABLISHMENT
WHOLETIME STRENGTH
RETAINED ESTABLISHMENT
RETAINED STRENGTH
CONTROL ESTABLISHMENT
CONTROL STRENGTH
GREEN BOOK ESTABLISHMENT
GREEN BOOK STRENGTH
12 Nov 2010 2087 2085 1448 1449 165 174 53 54 421 408
28 Jan 2011 2083 2061 1447 1437 165 171 53 54 418 399
1 Jul 2011 1968 1966 1383 1396 161 168 52 55 372 347
11 Nov 2011 1954 1951 1381 1388 161 166 51 51 361 346
27 Jan 2012 1943 1940 1370 1377 161 167 51 51 361 345
6 Jul 2012 1907 1895 1343 1341 156 164 51 50 357 340
2 Nov 2012 1893 1851 1330 1310 156 163 51 53 356 325
18 Jan 2013 1763 1788 1288 1295 156 159 51 50 268 284
12 Apr 2013 1719 1740 1244 1272 156 160 51 50 268 258
5 July 2013 1699 1730 1236 1256 144 166 51 49 268 259
1 Nov 2013 1689 1702 1226 1235 144 158 51 49 268 260
17 Jan 2014 1685 1698 1222 1220 144 169 51 46 268 263
4 April 2014 1657 1678 1202 1204 144 167 43 47 268 260
5 Sep 2014 1641 1657 1186 1193 144 161 43 44 268 259
14 Nov 2014 1624 1647 1166 1182 144 157 43 45 271 263
23 Jan 2015 1611 1623 1165 1164 132 147 42 42 272 270
Reduction 2010-2015 476 462 283 285 33 27 11 12 149 138
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2. NUMBER AND DISTRIBUTION OF POSTS AS AT 31 DECEMBER 2014
GradePrevious
EstabApproval Sought
New Estab Grade
Previous Estab
Approval Sought
New Estab Grade
Previous Estab
Approval Sought
New Estab Grade
Previous Estab
Approval Sought
New Estab Grade
Previous Estab
Approval Sought
New Estab Grade
Previous Estab
Approval Sought
New Estab
ACO 1 1 ACO 1 1 DCFO 1 1 ACO 0 0 Chief 1 1 Prin Off 4 4AM 3 3 AM 1 1 AM 0 0 AM 0 0 AM 0 0 AM 4 4GM 8 8 GM 3 3 GM 2 2 GM 0 0 GM 0 0 GM 13 13SM 39 1 40 SM 6 6 SM 5 -1 4 SM 0 0 SM 0 0 SM 50 50WM 148 -1 147 WM 39 39 WM 2 2 WM 0 0 WM 0 0 WM 189 -1 188CM 173 173 CM 27 27 CM 0 0 CM 0 0 CM 0 0 CM 200 200FF 674 674 FF 32 32 FF 0 0 FF 0 0 FF 0 0 FF 706 706WT 1046 0 1046 WT 109 0 109 WT 10 -1 9 WT 0 0 0 WT 1 0 1 WT 1166 -1 1165
Prin Off 0 0 Prin Off 0 0 Prin Off 0 0 Prin Off 1 1 Prin Off 1 1 Prin Off 2 2EO 0 0 EO 2 2 EO 0 0 EO 0 0 EO 1 1 EO 3 3G14 2 2 G14 5 5 G14 0 0 G14 1 1 G14 0 0 G14 8 8G13 0 0 G13 0 0 G13 0 0 G13 0 0 G13 0 0 G13 0 0G12 0 0 G12 2 2 G12 0 0 G12 0 0 G12 0 0 G12 2 2G11 3 3 G11 3 3 G11 0 0 G11 0 0 G11 0 0 G11 6 6G10 11 1 12 G10 8 8 G10 0 0 G10 4 4 G10 1 1 G10 24 1 25G9 0 0 G9 7 7 G9 0 0 G9 0 0 G9 2 2 G9 9 9G8 24 24 G8 9 9 G8 0 0 G8 2 2 G8 1 1 G8 36 36G7 6 6 G7 31 31 G7 0 0 G7 2 2 G7 1 1 G7 40 40G6 2 2 G6 16 16 G6 0 0 G6 1 1 G6 3 3 G6 22 22G5 22 22 G5 9 9 G5 0 0 G5 3 3 G5 0 0 G5 34 34G4 0 0 G4 9 9 G4 0 0 G4 0 0 G4 4 4 G4 13 13G3 43 43 G3 16 16 G3 0 0 G3 4 4 G3 0 0 G3 63 63G2 1 1 G2 3 3 G2 0 0 G2 4 4 G2 0 0 G2 8 8G1 0 0 G1 0 0 G1 0 0 G1 0 0 G1 0 0 G1 0 0
APP 0 0 APP 1 1 APP 0 0 APP 0 0 APP 0 0 APP 1 1Green 114 1 115 Green 121 0 121 Green 0 0 0 Green 22 0 22 Green 14 0 14 Green 271 1 272WM® 12 -1 11 WM® 12 -1 11CM® 24 -2 22 CM® 24 -2 22FF® 108 -9 99 FF® 108 -9 99
Retained 144 -12 132 Retained 144 -12 132GM(Con) 1 -1 0 GM(Con) 1 -1 0SM(Con) 0 0 SM(Con) 0 0WM(Con) 6 6 WM(Con) 6 6CM(Con) 12 12 CM(Con) 12 12FF(Con) 24 24 FF(Con) 24 24MACC 43 -1 42 MACC 43 -1 42Total 1347 -12 1335 Total 230 0 230 Total 10 -1 9 Total 22 0 22 Total 15 0 15 Total 1624 -13 1611
TOTALSSERVICE DELIVERY SERVICE SUPPORT STRATEGIC DEVELOPMENT LEGAL & GOVERNANCE FSHQ
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3. DIVERSITY PROFILE OF WORKFORCE
Included at financial year end after the full out-turn figures for the year have been collated.
4. RESULTS OF FIREFIGHTER AEROBIC TESTS Included at financial year end.
5. AGE PROFILE OF WHOLE TIME WORKFORCE
Included at half-year point.
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Purpose To agree Terms of Reference for the West Yorkshire Fire and Rescue Authority’s Local Pension Board.
Recommendations That Members note the content of the report, agree a preferred membership structure and approve the arrangements to be put in place, prior to the regulations coming into force on 1 April 2015.
Summary This report provides information on West Yorkshire Fire and Rescue Authority’s (WYFRA) Local Pension Board which will be established to comply with governance arrangements for the management of West Yorkshire Fire and Rescue Service’s (WYFRS) firefighter pension schemes.
,OFFICIAL
Firefighters' Pension Schemes - Local Pension Board - Establishment and Constitution Senior Operations Team Date: 23 January 2015 Agenda Item: 6 Submitted By: DIrector of Service Support
Local Government (Access to information) Act 1972
Exemption Category: None
Contact Officer: Steve Rhodes, Director of Service Support T: 01274 682311 E: [email protected]
Background papers open to inspection: Firefighters' Pension Scheme 2015 : Proposals for new governance arrangements
Annexes: Annex A - Terms of Reference of the proposed WYFRA Local pension board,
14
1 Introduction 1.1 The Public Service Pensions Act 2013 (“the Act”) gained Royal Assent on 25 April 2013 and put in
place the legislative framework for the new governance arrangements for public service pension schemes.
1.2 In relation to the Firefighters’ Pension Schemes in England, the Act set the Secretary of State as the “responsible authority” and the function is discharged by the Secretary of State for Communities and Local Government.
1.3 West Yorkshire Fire and Rescue Authority (WYFRA) must have in place arrangements for a Local Pension Board prior to the legislation coming into force on 1 April 2015.
1.4 The Local Pension Board will be responsible for assisting the Scheme Manager (WYFRA) to secure compliance with:
• Firefighter pensions regulations • Any other legislation relating to the governance and administration of the scheme • Requirements imposed by the Pensions Regulator on the scheme • To ensure effective and efficient governance and administration of the scheme.
1.5 The Local Pension Board is not a decision making body - all decisions relating to pension matters within WYFRS are taken by the Scheme Manager. The Local Pension Board’s annual report will contain guidance and recommendations that will assist the Scheme Manager in administering the firefighters’ pension schemes within WYFRS.
2 Information
2.1 On 14 November 2014 the Human Resources Committee was advised of the proposed Firefighters’ pension schemes’ governance regulations and Members approved WYFRA’s consultation response.
2.2 Annex A contains the Terms of Reference of the proposed WYFRA Local Pension Board. Areas detailed in the Terms of Reference include:
• Function and Responsibilities • Frequency of meetings • Local Pension Board membership (Three Options) • Objectives • Conduct and Conflict of interest • Reporting • Resourcing and funding
2.3 Prior to the introduction of the WYFRA Local Pension Board, a guidance document will be produced to assist members of the Board in carrying out their duties.
2.4 Members of the WYFRA Local Pension Board will need to be appointed prior to 1 April 2015.
3 Financial Implications
3.1 The draft regulations make it clear that the cost of the Local Pension Board will be met by WYFRA. It is difficult to assess the likely cost of the Board although it is unlikely the impact on the Authority will be significant. Costs will be limited to Board Member expenses and an annual budget.
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4 Equality and Diversity Implications 4.1 Equalities issues will be relevant when appointing individuals to the WYFRA Local Pension Board.
An equality impact assessment will be completed as part of the implementation of the WYFRA Local Pension Board.
5 Health and Safety Implications
5.1 There are no Health and Safety Implications arising from this report.
6 Service Plan Links
6.1 Provide ethical governance and achieve value for money in managing resources.
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West Yorkshire Fire and Rescue Authority
Local Pension Board
Terms of Reference
Function and Responsibilities
The function of the Local Pension Board is to assist the Scheme Manager in administering the various firefighter pension schemes. This will be achieved by providing governance and by scrutiny of policies, pension documentation, decisions and outcomes.
Frequency of meetings
The WYFRA Local Pension Board will meet six monthly, to review / report on previous actions and determine workstreams and priorities for the future.
Local Pension Board membership
To comply with the regulations the board must have a minimum of four members (Two employee’s representatives and two employer representatives).
There are a number of options for the membership of the West Yorkshire Fire and Rescue Authority Local Pension Board.; the options are as follows:
Option One
1 X Independent chair
2 X Employee representatives
2 X Employer representatives (PO/AM Non service support) and elected Member
1 X Officer Advisor (Not a board member)
In this model the independent chair would have the casting vote, when a majority cannot otherwise be reached. The independent chair will be paid expenses only (It may be difficult to recruit an independent person with the required knowledge to undertake this role). The Officer Advisor will be a specific officer who is to assist the board in gathering/analysing information and writing reports. The board will also be able to request assistance from any officer who has specific knowledge of a subject matter they are investigating.
Option Two
2 X employee representatives
2 X employer representatives (2 X elected Member)
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1 X Officer Advisor (Not a board member)
In this model one of the members would act as the chair and have the casting vote, the chair would change annually with each Local Pension Board member taking the chair on a rotational basis. The officer Advisor would have the same role as in option 1. The elected members would be appointed to the board by the Fire Authority, in the same way membership of HR committee is determined.
Option Three
2 X employee representatives
2 X employer representatives (PO/AM Non service support) and elected Member
1 X Officer Advisor (Not a board member)
This option would work in the same way as option Two; however the inclusion of a senior officer may provide a great level of specific firefighter pension schemes knowledge to the Local Pension Board.
Option 3 would appear to be the most straight forward and cost effect way of providing the Local Pension Board and complying with the regulations.
Membership of the Board will be linked to specific roles within the organisation. The independent chair (Option One) would be appointed by the Director of Service Support.
Any officer directly involved in administering the firefighters pension schemes within WYFRS, cannot be a member of the Local Pension Board.
Objectives
WYFRA Local Pension Board should investigate and report on the following:
• Are pension statements timely and accurate? • How long does it take between retirement and receipt of pension? • The number of errors made by the pension administrator. • Are relevant policies in place and of a sufficient standard? • Are pension estimates accurate and timely? • Is the West Yorkshire Pension Fund (WYPF) website accurate and user friendly? • Ensure that annual CARE scheme calculations are being carried out. • Scrutinise data quality. • Ensuring pension rules and regulations are being complied with, when officers are
making decisions on pension matters. • If complaints/appeals are being dealt with correctly and the correct procedures being
followed.
This list is not exhaustive. The Local Pension Board will have the power to investigate anything it wishes in relation to the firefighters pension schemes within WYFRS.
Conduct and Conflict of interest
Members of the Board are responsible for ensuring that their board membership does not result in any conflict of interest with any other posts they hold.
18
Members of the Board must not use their membership for personal gain.
Gifts and hospitality should only be accepted with the permission of the Authority - any gifts accepted should be reported on in the local pension board’s annual report.
Members of the WYFRA Local Pension Board should maintain confidentiality when discharging their duties
The WYFRA Local Pension Board has the right to use WYFRA facilities and resources in the course of discharging its duties.
Reporting
The West Yorkshire Local Pension Board will produce an annual report which will highlight areas of concern and identify good practice.
The report will also contain information on the number of retirements (natural and ill health), new starters, membership numbers and Opt out.
The board will report to the Human resources committee.
Resourcing and funding
Members of the WYFRA Local Pension Board will be entitled to claim any reasonable out of pocket expense incurred through discharging their local pension board responsibilities.
The Board will have an annual budget that will be set by the scheme manager; this budget can be used to pay for technical assistance, board member training and anything else the Board may require to effectively discharge its duties. Expenditure greater than the annual budget would need to be approved by WYFRA.
19
Purpose To update Members in relation to the Human Resource elements of the Local Government Transparency Code 2014.
Recommendations That Members note the report.
Summary The Department for Communities and Local Government (DCLG) has published the Local Government Transparency Code 2014 (The Code), making it mandatory for local authorities to publish information, to be more transparent and accountable to its citizens. This paper outlines West Yorkshire Fire and Rescue Authority’s (WYFRA’s) arrangements for the Human Resources elements of the code.
OFFICIAL
Data Transparency - organisational chart, trade union facility time and senior salaries Human Resources Committee Date: 23 January 2015 Agenda Item: 7 Submitted By: Director of Service Support
Local Government (Access to information) Act 1972
Exemption Category: None
Contact Officer: ACO Steve Rhodes
T: 01274 655703
Background papers open to inspection: None
Annexes: None
20
1 Introduction 1.1 The Code was issued to meet the Government’s desire to place more power into citizens’
hands to increase democratic accountability and make it easier for local people to contribute to the local decision making process and help shape public services. Transparency is the foundation of local accountability and the key that gives people the tools and information they need to enable them to play a bigger role in society. The availability of data can also open new markets for local business, the voluntary and community sectors and social enterprises to run services or manage public assets.
1.2 The Government believes that, in principle, all data held and managed by local authorities should be made available to local people unless there are specific sensitivities (e.g. protecting vulnerable people or commercial and operational considerations) to doing so. It encourages local authorities to see data as a valuable resource not only to themselves, but also their partners and local people.
1.3 The Code is based on three key principles:
• Demand led – there are growing expectations that new technologies and publication of data should support transparency and accountability. It is vital that public bodies recognise the value to the public of the data they hold, understand what they hold, what their communities want and then release it in a way that allows the public, developers and the media to use it
• Open – provision of public data should become integral to local authority engagement with local people so that it drives accountability to them. Its availability should be promoted and publicised so that residents know how to access it and how it can be used. Presentation should be helpful and accessible to local people and other interested persons, and
• Timely – the timeliness of making public data available is often of vital importance. It should be made public as soon as possible following production even if it is not accompanied with detailed analysis.
2 Information
2.1 The aspects of the Code which relate to the Human Resources elements of Service support are:
The Organisational Chart (the chart is a live document and will be updated as personnel and posts change). The Organisational Chart and associated links can be found on West Yorkshire Fire and Rescue Service (WYFRS) internet site on the “Data Transparency” page under “People and Pay”. http://www.wyfs.co.uk/people-pay
Trade union facility time (updated annually in February of each year). This can be found on WYFRS internet site on the “Data Transparency” page under “Trade Unions”. http://www.wyfs.co.uk/trade-unions
Senior salaries, (updated annually in February of each year). This can be found on WYFRS internet site on the “Data Transparency” page under “People and Pay”. http://www.wyfs.co.uk/people-pay
21
3 Financial Implications 3.1 There are no financial implications associated with this report.
4 Equality and Diversity Implications
4.1 WYFRA will published data in accordance with the three star standard, this will ensure that all members of the public will have access to greater levels of WYFRA information. This promotes further open accountability and transparency.
4.2 This report indicates that transparency is the key to enabling community members to play a bigger role in society (Section 1.1 above). Actions taken by the Authority to promote transparency will therefore support the aims of the General Equality Duty, specifically: “advance equality of opportunity between persons who share a protected characteristic and persons who do not share it”. One example of how public authorities demonstrate this aim is by encouraging “…people [with protected characteristics]…to participate in public life”.
5 Health and Safety Implications
5.1 There are no health and safety implications associated with this report.
6 Service Plan Links
6.1 This report links to the strategic priority: Provide effective and ethical governance and achieve value for money in managing resources.
7 Conclusions 7.1 WYFRA compliance with the minimum standards required by the Code regarding the
publication of the applicable data sets it holds will improve data transparency and accountability.
22
Purpose To consider the Department of Communities and Local Government’s consultation response and addendum to the Fire and Rescue National Framework for England in relation to firefighter fitness.
Recommendations That Members note the report.
Summary This report details the Department for Communities and Local Government’s (DCLG) consultation response regarding fitness standards and assessment and the addendum in the new section in the Fire and Rescue National Framework document.
OFFICIAL
Firefighter fitness - Addendum to the Fire and Rescue National Framework for England Human Resources Committee Date: 23 January 2015 Agenda Item: 8 Submitted By: Director of Service Support
Local Government (Access to information) Act 1972
Exemption Category: None
Contact Officer: Steve Rhodes, Director of Service Support T: 01274 682311 E: [email protected]
Background papers open to inspection: None
Annexes: Annex 1 DCLG _ Firefighter fitness standards and assessment – Consultation response
Annex 2 Addendum to the fire and rescue national framework for England – Firefighter fitness
23
1 Introduction 1.1 The Government has a responsibility to ensure that the public is adequately protected. For
fires and other emergencies it does this by providing significant financial resources, giving authorities the power to raise additional local funding and maintaining a statutory framework within which local fire and rescue authorities operate.
1.2 This framework is “The Fire and Rescue National Framework” - it sets out the Government’s priorities and objectives for fire and rescue authorities in England. The Framework also sets high level expectations but does not prescribe operational matters. These are best determined locally by fire and rescue authorities, working in partnership with their communities; local citizens, businesses, civil society organisations and others. The Framework builds on existing notable practice shown by fire and rescue authorities across the full range of their functions.
1.3 In his Ministerial Foreword to the Fire and Rescue National Framework in July 2012, the Minister for the Fire and Rescue Service at the time, Bob Neill MP, explained that “The National Framework will continue to provide an overall strategic direction to fire and rescue authorities, but will not seek to tell them how they should serve their communities. They are free to operate in a way that enables the most efficient delivery of their services. This may include working collaboratively with other fire and rescue authorities, or with other organisations, to improve public safety and cost effectiveness. Ultimately, it is to local communities, not Government, that fire and rescue authorities are accountable.”
2 Information
2.1 Last year DCLG consulted on a set of fitness principles which, at that time, were considered to provide the possible basis of dealing with fitness and capability issues. After that consultation closed, a series of discussions have taken place with key stakeholders regarding how fitness and capability are measured in the fire and rescue service, the ability of firefighters to maintain a reasonable and safe standard, the appropriate methods by which firefighters’ fitness can be measured and monitored, along with possible legislative changes which would help support that.
2.2 DCLG undertook a short consultation which offered two alternative proposals as revisions to the National Framework. The consultation closed on 9 December 2014.
2.3 Due to the short consultation timescale, a report was submitted to the Executive Committee on 26 November 2014.
2.4 WYFRA consultation response preferred (proposal 1) which supported the principles of fitness but had concerns about (proposal 2) the application of and costs associated with Authority-initiated Pension for firefighters aged over 55 who fail a fitness test through no fault of their own and for whom there are no redeployment opportunities.
2.5 DCLG have responded to the consultation (annex 1) and have also published an Addendum to the National Framework (annex 2). The statutory instrument came into force on 12 January 2015.
2.6 DCLG observed that in relation to proposal 2 “There was only minority support for the inclusion of the proposed change whereby fire and rescue authorities are required to consider commencement for those aged 55 or over of an authority-initiated early retirement process for those firefighters unable to regain the necessary level of fitness. The concerns were that this may create a culture similar to that of ill-health retirements before the reforms, where some employees agreed to leave early; that there may be an expectation of a pension age 55 or over; that it would create additional costs; and that it provides no guarantee for individual firefighters.”
24
2.7 DCLG included proposal 2 in the Addendum because the “proposals provide the correct balance between the discretion of the employer and the need for security and confidence on the part of firefighters that they will be treated appropriately by their employer should they fail fitness tests – this includes consideration being given to an unreduced pension under the provisions of the pension scheme.”
3 Financial Implications
3.1 It is likely that the costs of an Authority initiated early retirement would fall on the relevant Fire and Rescue Authority in a similar way that ill health retirements currently do.
3.2 Under the current scheme the FRA is required to make a payment of either twice or four times salary into the pension account for each ill health retirement which, for a firefighter is either £56,000 or £112,000?
3.3 As yet there is no indication how early retirement charges will be calculated and it is likely there will be a scale of charge dependent upon age.
4 Equality and Diversity Implications
4.1 DCLG has considered whether there are any equalities considerations relevant to the policy set out in these regulations and so far considers that there are none. It is for WYFRA to determine what actions it will take to ensure that unlawful indirect age and sex discrimination does not occur as a result of applying its fitness standards.
5 Health and Safety Implications
5.1 There are no Health and Safety Implications arising from this report.
6 Service Plan Links
6.1 Provide ethical governance and achieve value for money in managing resources.
7 Conclusions
7.1 The National Framework has been amended. WYFRS will need to ensure that its policies and procedures are amended to take account of the changes within the Addendum.
25
December 2014 Department for Communities and Local Government
Firefighter fitness standards and assessment
Consultation response
26
© Crown copyright, 2014
Copyright in the typographical arrangement rests with the Crown.
You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence,http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected].
This document/publication is also available on our website at www.gov.uk/dclg
If you have any enquiries regarding this document/publication, complete the form at http://forms.communities.gov.uk/ or write to us at:
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December 2014
ISBN: 978-1-4098-4427-3
27
1. Introduction 1.1. People are living much longer with the average 60 year old living ten years longer now than they did in the 1970s. This means that the cost of public service pensions have increased by around a third in real terms over the last ten years to £32 billion a year. Currently for every £1 paid into the Firefighters’ Pension Schemes by the employee, the taxpayer contributes £5. To meet these increased pressures people need to work longer. It is the Government’s belief that they should be supported in doing so by their employers, but the individual must in turn take formal responsibility for their own fitness. 1.2 The Normal Pension Age of firefighters has been 60 since 2006, and already one in three firefighters have that retirement age as their expectation. The reformed pension scheme will enable people to work beyond 60 and continue to accumulate pension. There are significant benefits for organisations in having older workers, and also to the individuals themselves as they prepare for retirement. 1.3 On 28 October 2014, at the same time the Firefighters Pension Scheme 2015 was placed before Parliament, the Department commenced a consultation on incorporating basic principles on fitness in the National Framework for Fire and Rescue in England. The consultation highlighted the fact that there is a balance between preserving the ultimate discretion of an employer, and providing some degree of certainty and security for an employee. It was on that basis that the consultation was launched. 1.4 The Department was assisted in drawing up the consultation by the fact that the National Joint Council for Local Authority Fire and Rescue Services wrote to the then Fire Minister in May 2014, advising him that agreement had been reached in principle between employer members (on behalf of fire authorities) and employee members on a number of areas connected to fitness and capability. Principles were provided on which both sides agreed. These provided the basis of the principles used in the consultation. 1.5 The principles should not be read on their own, but in the context of the reformed regulations, which have generous ill-health and enhanced early retirement provisions, and the setting up of a working group facilitated by the Chief Fire and Rescue Adviser to produce good practice on fitness and capability issues. It also takes place against a background of a considerable amount of work and debate on fitness issues generally in the service, significant changes in the number and type of incidents, and the uptake of new technology.
2. Consultation responses and conclusion 2.1 The Department has received 36 responses to the consultation, the vast majority highlighting the excellent work going on in fire and rescue authorities to improve the fitness of their staff. Generally, the responses were in favour of the principles of fitness, though there were some specific concerns and respondents were less favourable to the consideration of a local authority initiated pension for a firefighter aged 55 or over, who fails a fitness test through no fault of their own, and for whom there are no redeployment opportunities.
28
2.2 While respondents made a number of important points, the Department is of the opinion that the proposed wording most accurately reflects what is likely to happen in fire and rescue authorities, reflects best the agreement in principle reached by the National Joint Council of Local Authority Fire and Rescue Services, and achieves the proper balance between the interest of central government in protecting and encouraging the employment of older workers, while not impinging on the rights of employers to manage their staff effectively, and for employees to come to appropriate arrangements agreed with them. The final wording is contained in Annex A. 2.3 A number of respondents argued that the National Framework has no strength. This is not the case. Under section 21 of the Fire and Rescue Services Act 2004, fire and rescue authorities must have regard to the Framework in exercising their functions. Section 22 of the Act also provides powers of intervention if the Secretary of State considers an authority is failing, or is likely to fail, to act in accordance with the Framework.
3. Individual issues raised
The need for inclusion in the Fire and Rescue Framework
3.1 A number of respondents raised the issue of whether or not it is appropriate for the National Fire and Rescue Framework for England to deal with matters which are the responsibility of employers. The Department agrees that the issue of fitness and capability is the responsibility of individual fire and rescue authorities, and they are in the best position to determine how to take these matters forward. However, given the importance the Department attaches to fitness and capability, and in particular support to the older worker, the provision of basic principles with a statutory underpinning provides a degree of security that firefighters who work longer will be looking for, as well as an agreed framework within which fire and rescue authorities can operate. We consider this correctly reflects and protects the interests all parties – Government, employers and employees.
General approaches of fire and rescue authorities
3.2 The Department was heartened and reassured that all fire and rescue authorities had policies and principles in place to deal with issues of fitness and capability. This reflects the good sense of the principles. We consider that the principles will mesh easily with existing fire and rescue authorities regimes, and will in time be supplemented by the good practice arising from the working group on fitness and capability facilitated by the Chief Fire and Rescue Adviser.
Responsibility of firefighters to remain fit
3.3 A small number of respondents wanted the responsibility of the individual firefighter to maintain their own fitness to be highlighted. We consider that that is adequately dealt with within the principles which set out a specific requirement for operational personnel to maintain their levels of fitness. Fire and rescue authorities and representative bodies will no doubt wish to reinforce this personal responsibility for fitness, if they do not already do so.
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Independent review of fitness standards
3.4 A number of respondents questioned whether it was appropriate for a review of the fitness policies of fire and rescue authorities to be undertaken by Government, or whether this should be the responsibility of the National Joint Council for Local Authority Fire and Rescue Services. Overall the Department believes that undertaking this review itself will provide the level of reassurance that firefighters and the general public need. It is vital that there is some assessment of how the overall process is bedding in. However, the Department agrees that such a review should take place in consultation with the National Joint Council and other stakeholders.
Process of fitness assessment in fire and rescue authorities
3.5 All fire and rescue authorities have a programme of fitness and assessment. A number wanted greater clarity with a view to moving towards national standards, while others were keen to maintain their own standards. The Department believes that individual employers are best placed to determine the fitness and capability standards and processes they wish to put in place. It also recognises the benefits of collaboration and the sharing of experience and good practice. It is expected that the working group facilitated by the Chief Fire and Rescue Adviser will make a significant contribution to this.
No individual will automatically face dismissal for failing a fitness test
3.6 It was acknowledged that no firefighter will be automatically dismissed for failing a fitness test.
Ensuring all operational personnel supported to maintain fitness
3.7 There seem to be good levels of fitness support for firefighters across the fire and rescue service. Some authorities asked for greater clarity on what is meant by ‘support’. The Department looks to each fire and rescue authority, based on its own circumstances, to identify the appropriate level of support necessary, which in any case will vary from individual to individual, and from role to role. That being said, the working group on fitness and capability facilitated by the Chief Fire and Rescue Adviser, will provide further sector agreed advice in this area, which fire and rescue authorities can adopt.
3.8 Concerns were raised regarding the position of retained or on-call firefighters, and the problems they have in accessing regular fitness training. The Department does not set out to prescribe the amount or type of support that on-call firefighters should have. This is a matter for individual fire and rescue authorities to determine. That being said the Department is aware of the work going on to support fire and rescue authorities through the sector led Chief Fire Officers’ Association Retained Duty Working Group, which is building up a body of good practice. It is also an area where the working group on fitness and capability may wish to identify good practice. The Department recognises the vital role that on-call firefighters play in the community, and the need for individual fire and rescue authorities to improve recruitment and retention generally. Their approach to this issue should be seen in the context of the recruitment and retention issue generally, and the excellent value for money on-call firefighters provide.
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Operational personnel on restricted duties
3.9 Some respondents considered that the draft principles restrict firefighter personnel, who have fallen below the fitness standard, to continuing on operational duties or being stood down. They consider that the principles should include restricted duties as an option. The principles do not preclude this option.
Commitment to six months of development
3.10 Respondents indicate that this is the general standard, and some authorities are more generous. It will be for individual fire and rescue authorities to determine how best to deal with cases where there is a repeated sequence of attainment and failure to meet fitness standards.
References to occupational health
3.11 Fire and rescue authorities refer to occupational health those who need medical support.
Explore opportunities to redeploy through reasonable adjustment or redeployment in role
3.12 A number of respondents highlighted the lack of opportunities to redeploy within role. The Department considers that all opportunities to redeploy should be fully explored. The Department is keen that reasonable adjustments be made to enable firefighters to continue to work within role, even if they do not undertake all aspects of it. The Department would like to see more flexibility in the role performed by firefighters developed in the years prior to any firefighter having to work beyond their current Normal Pension Age. To a considerable extent, this rests in the hands of the National Joint Council for Local Authority Fire and Rescue Services, which is responsible for the firefighter role maps. The Department hopes that further progress will be made in this area, opening up a wider number of roles and opportunities.
Commencement to independent qualified medical practitioner process
3.13 This is a standard process where firefighters may face underlying medical issues.
Proposed change 2
3.14 There was only minority support for the inclusion of the proposed change whereby fire and rescue authorities are required to consider commencement for those aged 55 or over of an authority initiated early retirement process for those firefighters unable to regain the necessary level of fitness. The concerns were that this may create a culture similar to that of ill-health retirements before the reforms, where some employees angled to leave early; that there may be an expectation of a pension age 55 or over; that it would create additional costs; and that it provides no guarantee for individual firefighters.
3.15 The Department considers that the proposals provide the correct balance between the discretion of the employer, and the need for security and confidence on the part of firefighters that they will be treated appropriately by their employer should they fail fitness tests – this includes consideration being given to an unreduced pension under the provisions of the pension scheme. No additional cost is created by this, and it is one of the measures that a good employer would want to explore when faced with this situation. The
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regulation itself does not fetter their discretion in this matter. That being said, the Department considers that the five-pronged approach – fitness principles, generous ill-health pension regulations, enhanced arrangements for early leavers, the work of the fitness group, and the requirement to consider an unreduced pension – will ensure that firefighters are adequately supported to maintain their fitness to their Normal Pension Age, with savings to authorities and the individual alike. This approach will also guard against a culture, such as previously prevailed, where firefighters did not routinely work until their Normal Pension Age.
3.16 This provides a better solution to this particular issue than providing a specific guarantee (which one respondent requested), and which in relation to the situation in England with the large number of separate fire and rescue authorities, is not possible.
Conclusion
3.17 The National Framework for Fire and Rescue in England has a statutory basis. Fire and rescue authorities must give it due regard making their decisions. The Government considers that the amendment to the National Framework that it has consulted upon is a proportionate response to issues of firefighter fitness and capability. It is one which correctly addresses the existing responsibilities of employers and employees alike, and will serve them well in the future.
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ANNEX A
Final Wording
Fitness Firefighting is a physically demanding occupation and it is essential that firefighters have sufficient levels of fitness to enable them to carry out their tasks as safely and effectively as possible. As such, this requires higher levels of fitness than most other occupations and therefore the National Joint Council role maps set out a specific requirement for operational personnel to maintain levels of personal fitness The Government believes that fitness standards must reflect the occupational demands of firefighting and the Secretary of State has agreed that the Chief Fire and Rescue Adviser will chair a joint working group, which will include an evaluation and assessment of safe standards. The Government has also agreed to undertake an independent review in due course to ensure that appropriate fitness standards, training, testing, monitoring and management policies and procedures are in place in each fire and rescue authority. It is also recognised that fitness levels may decline with age and whilst this may be mitigated by fitness training, diet and other lifestyle changes it is acknowledged that there may be a general decline in fitness as a result of the ageing process. Fire and rescue authorities have an important role in helping to ensure their firefighters remain fit, and are supported in remaining in employment. Each Fire and Rescue Authority must: have a process of fitness assessment and development to ensure that operational personnel are enabled to maintain the standards of personal fitness required in order to perform their role safely; ensure that no individual will automatically face dismissal if they fall below the standards required and cannot be deployed operationally; ensure that all operational personnel will be provided with support to maintain their levels of fitness for the duration of their career; consider where operational personnel have fallen below the fitness standards required whether an individual is able to continue on full operational duties or should be stood down, taking into account the advice provided by the authority’s occupational health provider. In making this decision, the safety and well-being of the individual will be the key issue; commit to providing a minimum of 6 months of development and support to enable individuals who have fallen below the required fitness standards to regain the necessary levels of fitness;
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refer an individual to occupational health where underlying medical reasons are identified that restrict/prevent someone from achieving the necessary fitness and that individual must receive the necessary support to facilitate a return to operational duties; and fully explore opportunities to enable the individual to remain in employment including through reasonable adjustment and redeployment in role where it appears the medical condition does not allow a return to operational duties. In those circumstances where there are no such opportunities and suitable alternative employment is either unavailable or, where available, is not agreed by the individual, then the Fire and Rescue Authority will commence an assessment for ill-health retirement through the independent qualified medical practitioner process. If no underlying medical issues are identified and following a programme of development and support it becomes apparent that an individual will be unable to regain the necessary levels of fitness, then a fire authority will fully explore opportunities for reasonable adjustments and/or suitable alternative employment. In those circumstances where there are no opportunities for reasonable adjustments or suitable alternative employment, the fire authority will in the case of an employee aged at least 55 consider commencement of the authority initiated early retirement process for it to determine whether the individual should be retired with an authority initiated early retirement pension.
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Addendum to the fire and rescue national framework for England
Firefighter fitness
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December 2014
ISBN: 978-1-4098-4428-0
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Firefighter fitness Firefighting is a physically demanding occupation and it is essential that firefighters have sufficient levels of fitness to enable them to carry out their tasks as safely and effectively as possible. As such, this requires higher levels of fitness than most other occupations and therefore the National Joint Council role maps set out a specific requirement for operational personnel to maintain levels of personal fitness The Government believes that fitness standards must reflect the occupational demands of firefighting and the Secretary of State has agreed that the Chief Fire and Rescue Adviser will chair a joint working group, which will include an evaluation and assessment of safe standards. The Government has also agreed to undertake an independent review in due course to ensure that appropriate fitness standards, training, testing, monitoring and management policies and procedures are in place in each fire and rescue authority. It is also recognised that fitness levels may decline with age and whilst this may be mitigated by fitness training, diet and other lifestyle changes it is acknowledged that there may be a general decline in fitness as a result of the ageing process. Fire and rescue authorities have an important role in helping to ensure their firefighters remain fit, and are supported in remaining in employment. Each Fire and Rescue Authority must: have a process of fitness assessment and development to ensure that operational personnel are enabled to maintain the standards of personal fitness required in order to perform their role safely; ensure that no individual will automatically face dismissal if they fall below the standards required and cannot be deployed operationally; ensure that all operational personnel will be provided with support to maintain their levels of fitness for the duration of their career; consider where operational personnel have fallen below the fitness standards required whether an individual is able to continue on full operational duties or should be stood down, taking into account the advice provided by the authority’s occupational health provider. In making this decision, the safety and well-being of the individual will be the key issue; commit to providing a minimum of 6 months of development and support to enable individuals who have fallen below the required fitness standards to regain the necessary levels of fitness; refer an individual to occupational health where underlying medical reasons are identified that restrict/prevent someone from achieving the necessary fitness and
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that individual must receive the necessary support to facilitate a return to operational duties; and fully explore opportunities to enable the individual to remain in employment including through reasonable adjustment and redeployment in role where it appears the medical condition does not allow a return to operational duties. In those circumstances where there are no such opportunities and suitable alternative employment is either unavailable or, where available, is not agreed by the individual, then the Fire and Rescue Authority will commence an assessment for ill-health retirement through the Independent Qualified Medical Practitioner process.
If no underlying medical issues are identified and following a programme of development and support it becomes apparent that an individual will be unable to regain the necessary levels of fitness, then a fire authority will fully explore opportunities for reasonable adjustments and/or suitable alternative employment. In those circumstances where there are no opportunities for reasonable adjustments or suitable alternative employment, the fire authority will in the case of an employee aged at least 55 consider commencement of the authority initiated early retirement process for it to determine whether the individual should be retired with an authority initiated early retirement pension.
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Purpose To update Committee on the recommendations from the Firefit group and implications for the West Yorkshire Fire and Rescue Service’s Fitness at Work policy.
Recommendations That the report be noted.
Summary The Firefit research project has identified set fitness standards that operational firefighters need to achieve. These include both a treadmill test and a strength test. A physical activity risk assessment is also being proposed to improve the monitoring of individuals. Changes to the Fitness at Work Policy will also make clearer the specific timescales within which improvements in fitness will have to be made.
OFFICIAL
Firefit update - impact on Fitness at Work Policy Human Resources Committee Date: 23 January 2015 Agenda Item: 9 Submitted By: Director of Service Support
Local Government (Access to information) Act 1972
Exemption Category: None
Contact Officer: Jim Butters, ACO Human Resources E: [email protected] T: 01274 655704
Background papers open to inspection: None
Annexes: Annex A – Cardio-respiratory fitness test result flowchart – Firefit recommendations Annex B – Pre-test Screening flowchart – WYFRS response
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1 Introduction 1.1 This report follows the recent presentation on West Yorkshire Fire and Rescue Service’s (WYFRS)
Fitness at Work Policy and provides an update on the Firefit research project. The report details the Firefit recommendations and how WYFRS plan to incorporate these into its Fitness at Work Policy.
2 Information
2.1 Firefit proposes annual testing requiring the completion of the 12 minute Chester treadmill test to give a VO2 max of 42.3 ml.kg.min. Anything below 10 minutes (35.6 ml.kg.min) will result in a firefighter being removed from operational duties.
2.2 Those achieving between 10mins and 11mins 59secs on the treadmill test will be required to take a practical drill based assessment to check that they are fit enough to remain operational, as well as a physical activity risk assessment to check for any health risks. The physical activity risk assessment will look at health risk indicators such as Body Mass Index (BMI), cardiovascular risk, whether they smoke, blood pressure, cholesterol etc.). These will both be carried out on the same day at Fire Service Headquarters. This way the Occupational Health and Support Unit (OHSU) tests can be recorded more accurately, the drill based test will be standardised for everyone and it will be overseen by the Authority Fitness Advisor (AFA).
2.3 Flow chart A (Appendix A) shows the recommendations from Firefit. The basis of these have now been incorporated into WYFRS’s Fitness at Work Policy, and are reflected in Flow chart B (Appendix B). The Firefit flow chart does not detail the arrangements that each FRS will need to have in place to manage required improvements and this is the reason an additional flow chart has been produced. Reference to where PIAPs (Personal Improvement Action Plans) will be introduced, and added extra monitoring for those on improvement plans, have been included.
2.4 One of the main changes to the current policy is that improvement plans will have targets to reach on the 6 weekly treadmill tests, and these will be set by the AFA. If each target is reached the firefighter will be at 12 minutes (42.3ml.kg.min) in 6 months’ time; this being the maximum time the Authority is prepared to accept the additional risk of a firefighter remaining operational with a VO2 max of less than 42.3 ml.kg.min (at which point evidence suggests they are at an increased cardiovascular risk).
2.5 The drill-based test will be a combination of three of the tests used in the research project; the hose run, equipment shuttle run and hose reel/casualty drag. This test is still in development, but for the time being the individual tests are available and appropriate to use.
2.6 New strength recommendations have been provided by Firefit. These are a shoulder press test to simulate the weight you may lift when under running a 135 ladder and two lateral pull down tests. One has multiple repetitions with a light weight to simulate extending a 105 ladder and the other is a one-repetition maximal test, to simulate lowering the 135 ladder. The AFA is currently looking into how these tests can be performed using the dual adjustable pulley machines which all stations have instead of having to buy a ‘lat’ pull down machine. There will be pass/fail standards on the weights and these will be linked to PIAPs (like the treadmill tests) with set targets to reach.
2.7 For Flexi Duty System (FDS) officers the current policy requires a minimum standard of 35ml.kg.min (09mins 30secs). The Firefit project has proposed a new standard of 36.8 ml.kg.min (10mins 15secs) with less than 31.4 ml.kg.min (08mins) removing them from operational duties. In implementing this into policy we need to consider that some officers may perform roles which require them to wear Breathing Apparatus (BA), e.g. Detection, Identification and Monitoring (DIM) officers and others who have more physically demanding roles e.g. wildfire officers.
2.8 A draft policy has now been produced and the formal process of consulting with the Unions will commence shortly.
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3 Financial Implications 3.1 There are no direct additional costs associated with the amendments to the policy. Cholesterol
testing, as part of the physical activity risk assessment process would be useful and if a decision is made to recommend such, funding will be provided through existing budgets.
4 Equality Implications
4.1 A full equality impact assessment will be undertaken on the draft policy covering the standards and the testing methods. The fitness standards are the same for all staff; there is not, and nor should there be, any variance for age or sex. The standards have been determined through objective evidence and represent the demands of firefighting, which are the same for each and every firefighter.
5 Health and Safety Implications
5.1 Having a fitness standard and a process in place to ensure firefighters meet this safe standard is a significant control measure in managing the health and safety of all operational staff. The physical activity risk assessment will also add an additional layer of safety to the testing procedure, by ensuring that any high risk health indicators are identified and appropriately managed. Running the drill based test at FSHQ will ensure there are trained instructors present and a risk assessment of the ground and equipment is undertaken.
6 Service Plan Links
6.1 To provide a competent, safe and diverse workforce.
7 Conclusions 7.1 The addition of the drill based test will show firefighters the link between job related fitness and the
treadmill test. The physical activity risk assessment will allow us to improve the monitoring of individuals who need to improve their fitness. The setting of targets as part of the PIAP process, will ensure individuals meet the standard within an acceptable time period.
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Appendix ‘A’
• 1 OH + fitness assessor to determine suitable Physical Activity Risk Assessment (minimum Par-Q+) • 2 Those that fail a Physical Activity Risk Assessment may be considered fit to undertake a drill ground assessment following an assessment by OHU. • 3 Individuals that fail drill ground test or have a confirmed VO2 max below 35.6 should be removed from operational duties even in the absence of other
medical risk factors.
Firefighting Personnel Cardio-respiratory (VO2) Fitness Test Result
42.3 and above
Between 35.6 – 42.2
35.5 and below (3)
6 Month Re-test
1 Year Re-test
Physical Activity Risk Assessment (1)
Improvement
Fit for Ops
Duties
Fit for Ops
DutiesPass Fail (2)
Remedial Training
No Improvement
Management Process
Drill-Ground Assessment
Pass Fail (3)
Fitness Improvement
Advice
Refer to
OHU
Unfit / Unsafe
Removed
from Ops
Duties
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Appendix ‘B’
Firefighting Personnel Pre-test Screening (PAR-Q+)
Pass Fail Contact OHU before testing 1 Year
Re-test VO2 Max test (Chester treadmill test)
Fit for Ops 42.3 and above
Between 35.6 – 42.2 35.5 and below
Restart flow chart at *Drill-Ground Physical
Assessment
When 42.3 reached, fall
back into annual testing
Physical activity risk assessment (at
Pass Fail Deemed Unfit / Unsafe
Removed from Ops Duties
More detailed OHU
Assessment
When 35.6 reached, or passed by OHU, take Drill-Ground
Assessment
Met targets
*Drill-Ground Physical Assessment Met targets
Pass Fail 4 x 6 weekly treadmill tests Fitness
Improvement Advice and Support
Fit for Ops Passed as fit to train
Targets not reached Fitness Improvement Advice
and Support
PIAP stage advances every time a target is not
reached 4 x 6 weekly treadmill tests
Targets not reached
PIAP stage advances every time a target is
not reached
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