Health and Safety: Common Sense Common Safety

My Lords, I, too, am grateful for the opportunity to speak in this debate and to mention something which I hope falls fair and square within the scope of the admirable report of the noble Lord, Lord Young, but which is not explicitly mentioned in it. I refer to the health and safety aspects of the use—or, rather, the lack of use—of many hydrotherapy pools and the specialist equipment in them, and the disturbing evidence which the Muscular Dystrophy Campaign is amassing that shows what a widespread problem it is. I declare an interest as a vice-president of that organisation. I am grateful to Mr Mark Field from Droitwich for getting to the bottom of how the perceived problem of health and safety is causing many hydrotherapy pools to stand empty when they could be helping so many people, in particular children with incurable, progressive conditions. Mark Field is the father of Murray, who has Duchenne muscular dystrophy. Mark is also the health and safety manager for a small manufacturing company in the West Midlands. He has held this position for a number of years and holds a 2008 national general certificate in occupational health and safety—July 2006 specification. Mr Field is no chancer and has a great deal of respect for health and safety legislation, which is there of course, as we have heard, to protect both the working population and the general public. However, he is convinced that some companies and organisations—including, I fear, the NHS—use certain legislation to hide behind. The typical response from an organisation wishing to protect or limit access to its hydrotherapy pool is to say that the pool cannot be used because there are no staff available and health and safety policy precludes its use by anyone other than a competent member of staff, or because there are no trained staff available and the health and safety policy precludes use by untrained personnel. I shall cite two good examples from the Muscular Dystrophy Campaign. Brislington Enterprise College is a newly built school in Bristol with a hydrotherapy pool. It was built under PFI, which was supposed to allow community use at weekends and holidays. However, once built, the contractor said that that could not happen because of health and safety issues. In another case, in Essex, a muscular dystrophy patient said: ““I’ve been frustrated by the failings of the NHS to provide hydrotherapy and suitable physiotherapy. I was referred several years ago but the local NHS hydrotherapy pool was out of use for two years. When it reopened I was told staff could not help me due to health and safety regulations””. So what can be done? According to Mr Field, a simple change to the company’s or organisation’s health and safety policy is needed to allow competent persons, either employees or non-employees, to use the pool and equipment, such as hoists, after a short instruction course by the organisation. Parents of boys with Duchenne muscular dystrophy, for instance, are very well versed in how hoists work as they have to use them all the time. They have already received training in the use of lifting and hoisting equipment and, although hoists and lifts can vary in their design, I am sure that they do not change very much. The organisation could even charge a small fee for training competent people to use the equipment. I am sure the parents and helpers of children with severe mobility problems would be willing to get together to minimise the cost. I do not expect my noble friend the Minister who is to reply to the debate to know whether this may be a feasible way forward—although I do know that he is a swimmer—but I would be grateful for a reply in writing later, perhaps with a copy for the Library. I should make it clear, having said he is a swimmer, that I think hydrotherapy pools would be far too warm for him. Following on from my Oral Question on Tuesday about hydrotherapy, there is general agreement that the need is very great and that it is a terrible waste for many of these wonderful pools to be lying empty for much of the day because of the lack of trained staff. If this small change was made to a company’s or organisation’s health and safety policy, and more competent people were thereby authorised to enable those who need hydrotherapy to use these pools, what a breakthrough that would be.