Health and Safety in Schools - original Overview taken from Governornet  together with questions Croydon Governors may find useful to ask :

Background
Health and Safety in schools is governed by health and safety legislation and associated regulations that are enforced by the Health and Safety Executive (HSE).  This article aims to identify the key issues associated with Health and Safety in Schools, providing links to further, more detailed, articles and resources.

Responsibilities
In community schools, community special schools and voluntary controlled schools statutory health and safety responsibilities fall on the LEA (as the employer) and on the headteacher and staff (as employees).  The governing body, as the management body, should ensure that school staff and premises comply with the LEA's health and safety policy and practices.  The governing body, having control of the premises, must take reasonable steps to make sure that the buildings, equipment and materials are safe and do not put the health of persons at risk whilst they are on the premises.

In foundation schools, foundation special schools and voluntary aided schools, statutory health and safety responsibilities fall on the governing body (as the employer) and on the headteacher and staff (as employees).

In practice the employer may delegate specific health and safety tasks to others at the school.  However the employer retains the ultimate responsibility no matter who carries out the task.

Employees have a responsibility to make sure that they carry out their duties safely without risking themselves, the pupils or visitors.  They must also cooperate with others who have duties for health and safety by carrying out instructions and reporting unsafe practices.  The headteacher, who has delegated responsibility for the day-to-day management of the school, has a particular role in seeing that the governing body's health and safety policies and procedures are carried out.

Roles and Actions
Whether they are the employer or not, the governing body plays an important part in ensuring the overall health and safety of staff, pupils and visitors at the school.  This is a broad remit and governing bodies should give consideration to a range of topics relating to heath and safety including (but not necessarily limited to):

• Accidents and Incidents

   

  • under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), 1995, some accidents must be reported to the HSE and a record of any reportable injury, disease or dangerous occurrence must be kept.  In addition, injuries caused by physical violence against a person at work must be reported to HSE.

     

  • under the Social Security (Claims and Payments) Regulations 1979 there is a requirement for employers with 10 or more employees to keep readily accessible accident records.

     

  • it is important that schools have arrangements for recording and reporting to the police and LEA incidents of crime and loss where appropriate.

     

Questions Governors should be asking :

What measures are being taken to ensure reporting is taking place? ? do premises / Health & Safety Committee monitor termly?

Did you know that statistics are monitored by Croydon?s Education Joint Safety committee termly and maybe able to identify which premises are not completing accident reports?

• Asbestos
  Specific legislation applies to control of asbestos at work.  See link to the legislation in Further Reading below.

   

Questions Governors should be asking :

When were the premises last checked, is there a location map showing possible sites of Asbestos, what measures are taken before the commencement of work to ensure asbestos is not present? Does the school have a health & safety policy for contractors working on site?

• Child protection
  The governing body is required to have child protection procedures.  See the GovernorNet article on Child Protection for more details.

   

Questions Governors should be asking :

Who is the school?s named Child Protection Officer? Have staff / governors recently undertaken training? When was the policy last updated?

• Educational Visits
  Governors will need to be aware of the Department's good practice guidance on educational visits and the Adventure Activities Licensing Regulations 1996.  See the GovernorNet article on Educational Visits for more details.

   

Questions Governors should be asking :

Who is the school?s Activities Co-ordinator, what Risk Assessments are undertaken when planning a school trip? Do they comply with LA policy?

• First Aid
  The Health and Safety (First Aid) Regulations 1981 set out the requirements for first aid provision.  The level of provision will depend on the assessment of need undertaken at the school.

   

Questions Governors should be asking

Do the number of qualified first aiders match the risk assessment, are adequate records maintained ? how do governors monitor?

• Health and Safety Policy
  The employer has a duty under the Management of Health and Safety at Work Regulations 1999 to institute a health and safety policy and advise employees of it.  In addition, the Department recommends that governing bodies that are not the employer work with staff to make sure there are procedures for carrying out the LEA's policy and may wish to draw up a policy which identifies additional features specific to the school.

   

Questions Governors should be asking

How often is the Schools? policy updated, how do the relevant members of staff receive the information they need?

• Pupil Health
  This may include a range of issues such as support for children with medical needs, policies on water consumption by children, eczema and others.  See the GovernorNet article on Pupil Health for more information.

   

Questions Governors should be asking

What are the school?s policies for children with medical needs, how are pupils and parents supported.  What training has been provided for staff?

• Risk Assessments
  The employer has a duty under the Management of Health and Safety at Work Regulations 1999 to assess the risks of all activities, both in school and off-site and to introduce measures to manage those risks and tell employees about the measures.

   

Questions Governors should be asking

Who has undertaken the LA Risk Assessment Training?  Is there an Action Plan detailing the schedule for down-loading and up-loading Croydon?s generic Risk Assessments from LGFL?

How are checks for Legionella monitored and who is undertaking it on your premises and how often?

• School coaches and mini-buses
  Certain special regulations and considerations relate to the use of school coaches and mini-buses.

   

Questions Governors should be asking

What is the school?s policy on coaches and mini buses?

• School Meals and Nutritional Standards
  Where a school has a budgetary element for school meals delegated to them, the duty lies with the governing body to ensure that any lunches provided meet with the minimum requirements set out in the Education Nutritional Standards for School Lunches (England) Regulations 2000 (SI 2000/1777).

   

Questions Governors should be asking

How are governors monitoring the school meal provision for meeting nutritional standards and customer satisfaction? Governing bodies are required to have a range of policies in place, including a policy for nutritional standards for school meals. Have governors read the ?The role of Governing Bodies in developing policies to promote healthy eating.? Published by The National Governors Council and Food Standards Agency  ( see attachment below)

• School Security
  Governing bodies have a statutory requirement to include school security in their annual report*.  The LEA should have an overall policy for security but the governing body is likely to need to draw up its own more detailed policy.

   

Questions Governors should be asking

* Governing Bodies are not required to have Annual Parents Meetings from September 2005, but will be completing a School Profile : this new profile will  include data from PANDA etc and school will complete the rest. It will cover 2005/2005 data so no need for Governors APM or report -   it will be up to individual schools how it is publisiced to parents.

How will Governors inform parents about its security policy?

• Training
  The employer has a duty under the Management of Health and Safety at Work Regulations 1999 to ensure that staff are trained in their health and safety responsibilities.

   

Questions Governors should be asking

See other subject areas

• Trespassers and access without permission
  Under the Occupiers Liability Act 1984, a school has a duty to trespassers (and to anyone entering the premises without permission but with lawful authority) to take reasonable precautions to make sure they are not injured by some danger which the school knows about.

   

Questions Governors should be asking

How is this issue covered in general Risk Assessments? How can governors monitor this?

• Use of force to control or restrain pupils
  See guidance below.

   

Good Practice
Examples of good practice, where available, can be found in the GovernorNet articles on individual topics - see Background Reading below.

The Law
A range of legislation applies that can be accessed via the Further Reading section below:

• Control of Asbestos at Work Regulations 2002 (SI2002/2675)

   

• Health and Safety at Work Act 1974

   

• Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995

   

• Adventure Activities Licensing Regulations 1996, (SI 1996/772)

   

• Health and Safety (First Aid) Regulations 1981

   

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