9 February 2024
Q&A with Patrick McBrearty, West Midlands Police Federation’s health and safety lead...
What is a near miss? The near miss definition used by the Police Federation of England and Wales is:
“An event or situation that could have resulted in injury, illness, damage or loss but did not do so due to chance, corrective action or timely intervention.”
As such, the case of an event or situation which did result in injury, illness, damage or loss is not a near miss and should be reported as an accident or incident.
Here are some near miss examples, not all, but some:
Premature failure of Airwave batteries
Failure of Airwave emergency buttons to obtain a response
Leaks or other failure of PAVA
PAVA, baton or other PPE having no or little effect during a violent incident, provided no injury occurred to officers or staff. If the injury occurred it’s an accident
Falling asleep at the wheel of vehicles - personal or work - en route to, during or on the way back from tours of duty
Exposure to extremes of temperature or inclement weather
Vehicle faults which endanger safety, such as, engines cutting out while in motion, brake failures, vehicle fires. Such vehicles should be withdrawn from service and faults reported to vehicle workshops immediately
Building defects or damage which could cause injury or ill-health. Line managers should be notified of such defects and the estate department contacted to remedy the same.
Why should a near miss be reported?
There are three reasons why you must report a near miss: legally, morally and financially.
Legally According to Section 2 of the Health and Safety at Work etc Act (1974), employers - including police forces across England and Wales - have a legal duty ‘to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees’.
Section 7(b) of the Health and Safety at Work etc Act (1974) places a general duty on employees, when at work, to co-operate with their employer in health and safety matters.
Morally Due to their greater numbers and greater involvement in operational policing, officers from the Federated ranks are more likely to be exposed to near misses than senior managers. Whatever your role, you are under a moral obligation to assist in preventing your colleagues and others from coming to harm in the workplace.
Academic research indicates that there is a relationship between the number of near misses which occur in a workplace and the incidence of injury and even death. It is vital therefore that employers put in place robust procedures to record and, where appropriate, investigate near misses to learn from them and eliminate risks which, if they go unchecked, could result in injury or death.
Financially The police budget is under unprecedented pressure and accidents can result in substantial costs including compensation to injured or bereaved parties, replacing damaged equipment, legal costs, as well as the payment of fines. Therefore, we should do what we can to prevent accidents from occurring in the first place.
When should I report a near miss?
The position of the Police Federation of England and Wales (PFEW) is that, by default, all incidents which meet the definition should be recorded and reported to supervisors.
How do I report a near miss?
If a near miss occurs, they should always be reported using the eSafety system. However, when this is not possible, a written report should be made to your immediate supervisor.
Should I make a near miss report due to resourcing difficulties?
The Health and Safety at Work etc Act has adopted the position that the specific deployment of resources is a matter for chief constables, and they will not dictate resource levels to management. However, there are several occasions where a lack of resources can constitute a near miss:
Deployment of clearly inadequate numbers of officers to deal with a specific incident, for example, deploying a single unit to deal with a large-scale violent incident
Failure to react to information around the need for extra officers to respond to developing situations which present a risk to safety
Deployment of non-specialist officers to incidents or tasks which should be dealt with by specialists, for example, untrained officers being sent to incidents on fast roads (speed limits of more than 50mph) due to a lack of roads policing resources, particularly where the officers do not have access to suitable clothing and equipment. Note, due to the nature of policing, non-specialist officers will come across incidents like this and will be expected to deal with them to the best of their abilities until relieved by specialist officers
Where an incident escalates and there is a lack of available specialist resource to conclude the incident safely, for example, no dogs available for ground searches or public order incidents.
Is missing a refreshment break reportable as a near miss?
In short, yes. Officers not being able to take refreshment breaks due to a lack of resources can constitute a near miss. It is acknowledged that operational demands may prevent officers from having a break during a shift. However, this should be the exception and not the rule. Officers who are tired, hungry or dehydrated are at greater risk of being involved in an accident. Where an officer is prevented from receiving a full refreshment break more than once in a run of shifts (a series of shifts rostered on consecutive days between sets of scheduled rest days), this should be recorded as a near miss.
Will I get in trouble for reporting a near miss?
No. There is legislation protecting those who make reports in the unlikely event that they find themselves dealing with an issue that could not be resolved in the normal way. Find out more.
If, for any reason, you do not feel comfortable reporting a near miss, you should contact Patrick, who will be able to advise as necessary.
Can reporting a near miss influence future policies and procedures?
Near miss reports cannot be ignored, and using them as evidence could have an impact on future policies and procedures. This is why it is so important for officers to continue to report near misses.
How is the Federation helping to monitor these incidents?
As the branch’s health and safety lead, Patrick is working collaboratively with the Force’s health and safety team and is aware of all accidents, incidents, assaults and near miss reports.
If members feel they need further support or advice on anything related to health and safety, including near miss reports, then contact Patrick.