CIRC 064: BROKEN CELL OBSERVATION PANELS

It has come to the Executive's attention that there have been a number of incidents involving prisoners smashing or damaging cell observation panels, resulting in injuries to staff.

The Executive considers a cell with a damaged or missing observation panel to present a significant health and safety risk to staff. Observation panels are a critical safety feature which enable officers to conduct visual checks, assess prisoner behaviour, and carry out their duties without unnecessarily exposing themselves to the risk of assault, the throwing of substances, or other forms of violence.

Where an observation panel has been smashed, cracked, removed or otherwise compromised, the safe system of work is fundamentally affected. Such damage may create:

• An increased risk of assault on staff.
• Increased exposure to bodily fluids or other hazardous substances.
• Reduced ability to carry out safe observations.
• A heightened risk during routine interactions and unlock procedures.
• Potential breaches of the employer's duty to provide a safe working environment.

The Executives position is clear: any cell with a damaged observation panel should be taken out of operational use immediately and remain out of use until the observation panel has been properly repaired or replaced and the cell has been assessed as safe.

Members who identify a damaged observation panel must:

1. Report the defect immediately through local reporting procedures.
2. Ensure the matter is recorded and brought to the attention of a manager without delay.
3. Complete any relevant incident or health and safety reporting documentation, including a Near Miss.
4. Request that the cell be withdrawn from use pending repair.
5. Notify your local POA representatives where concerns are not being addressed.

HMPPS management have a clear statutory duty to protect the health, safety and welfare of all employees. Under Section 2 of the Health and Safety at Work etc. Act 1974, employers must ensure, so far as is reasonably practicable, the health, safety and welfare of their employees and provide safe systems of work and a safe working environment.

In addition, the Management of Health and Safety at Work Regulations 1999 requires employers to carry out a suitable and sufficient assessment of risks to employees, implement appropriate control measures, and review those assessments where circumstances change or new hazards arise.

Where a cell observation panel has been smashed or damaged, there is a foreseeable and obvious increase in the risk of assault, exposure to bodily fluids, the throwing of substances, and other violent or dangerous acts. The Executive's view is that this constitutes a significant change in the risk profile of the cell and requires immediate assessment and control measures by management.

The most effective and reasonably practicable control measure is to remove the cell from operational use until the observation panel has been fully repaired or replaced and the cell has been confirmed as safe for use. Failure to address a known defect that increases the risk to staff may place the employer in breach of its legal health and safety obligations.

The POA therefore expects management to take immediate action whenever such defects are identified and will robustly challenge any decision to continue using cells where damaged observation panels expose staff to avoidable risk.

The safety of our members must remain the overriding priority. No officer should be expected to work in conditions where known and avoidable hazards have not been adequately controlled.

Please bring this circular to the attention of all members.

Yours sincerely

   

STEVE GILLAN
General Secretary