| Head Teacher's Safety Management Toolkit | | | | out their job role safely. e.g COSHH familiarisation |
| Article | | | | for Cleaning Staff who usechemical cleaning |
| Head Teachers - Managing Health and Safety in | | | | agents.Instruction in a new piece of equipment |
| your | | | | and how to use it safely. |
| Primary/Infant School. | | | | -Policies and Procedures - The school needs to |
| What you need to know. | | | | have a School Health and Safety Policy and |
| If you read nothing else about Health and Safety | | | | suitable procedures which should flow from the |
| read this. | | | | risk assessments made. It is expected that all |
| It's about 1500 words long but it summarises | | | | policies and procedures will be developedwith input |
| what you need to know about managing Health | | | | from, and consultation of ,staff. The Policy and |
| and Safety to satisfy laws and regulations as | | | | the Procedures need to be available to staff and |
| they affect your school. | | | | should be reviewed regularly. The same criteria |
| Changes to the Management of Health and | | | | applies to Policies and Procedures provided as |
| Safety at Work Regulations(1999) (MSHW) as laid | | | | models for the school as to Risk |
| out in the Regulations and their Guidance have | | | | Assessments. |
| made specific requirements and laid a responsibility | | | | * They must be made school specific. |
| on School dutyholders to manage Health and | | | | * They need to form part of the School Safety |
| Safety in all UK Schools. | | | | Management System. |
| They need to do this by managing within a | | | | -Personal Protective Equipment (PPE) - Flowing |
| system. This is the School Safety Management | | | | from the school Risk Assessment System control |
| System(SMS) and every school should have one. | | | | measures will be identified and some of these e.g |
| The head teacher as the person with responsibility | | | | for school cleaning, will indicate that PPE needs to |
| for a school site is a dutyholder as described in | | | | be used for some operations. Theschool needs to |
| H&S laws. | | | | ensure that the PPE is available, in good condition |
| What actually are dutyholders? | | | | and that employees and pupils wear it and use it |
| -Dutyholders are people with control over school | | | | properly. It should also be regularly inspected |
| safety. | | | | andinspections recorded and equipment updated |
| They are the people who face enforcement | | | | and replaced as necessary. If PPE is provided to |
| action in the event of anything going wrong.oIn | | | | pupils for use in school or on visits e.g buoyancy |
| main these are the Employerand the | | | | aids for water based activities,or mountaineering |
| Headteacher.oIn any event the Headteacher is | | | | gear for adventure based trips, the children need |
| theperson in control of the site and a dutyholder | | | | to be clearly instructed and know how to useit |
| in any school. | | | | and it should be in good condition. |
| The main duties of the Employer are to | | | | -Managing Safety - The Head teacher and any |
| provideresources and a framework of policies and | | | | Governing Body, whether it is the Employer or |
| some specific procedures and then to monitor | | | | not, has a duty to ensure that safety is properly |
| and audit how H&S is implemented and managed. | | | | managed in school and this means : |
| Governors in Community schools have control | | | | that a SMS is in place and it works. |
| over budgets and need to support the head | | | | that all Risk Assessments, Policies, |
| teacher, who is the person responsible for the | | | | Procedures etc are appropriate to the specific |
| site, and main site dutyholder but they are not | | | | circumstances of the school. |
| dutyholders per se. | | | | Children and Safety: |
| Who might action be taken against? | | | | Because of the intersection of laws like the |
| -The Employer, this is the LEA, the Foundation | | | | Children Act and various Education and Medical |
| and/or the school whoever may be regarded as | | | | Acts, H&S in schools is actually far more complex |
| the employer under H&S law. The Employer can | | | | than it is in industry.The clearimperative for any |
| be an individual or like an LEA or school which is a | | | | teacher or school is the primacy of the safety of |
| Body Corporate for the purposes of safety law | | | | the children. |
| and its' enforcement.o Non employer individuals as | | | | This also brings into play the professional duty of |
| well as the school may be subject of | | | | care of the teacher and the school to do no harm |
| enforcement if they do not carry out their duties. | | | | through carelessness and/or negligence. |
| This could apply to some Governor, Directors and | | | | This taken in the round means that the level of |
| or Trustees and any individuals who may be | | | | care and supervision given to younger and more |
| dutyholders, as faras they exercise the function | | | | immature children needs to be greater than that |
| of employer in Foundation, Private or Voluntary | | | | given to older, more mature children. However, |
| Aided Schools.o Employees, Visitors and | | | | every teacher knows that some Year 5s canbe |
| Contractors could also be subject of enforcement | | | | be more mature than Year 6s.This is where the |
| if they do not carry out their duties under H&S | | | | teacher's professional competence intersects with |
| Law. This could apply to an individual | | | | Risk Assessment, Polciies and Procedures. Every |
| whotampered with safety equipment or put | | | | day in controlling the class teacher's are making |
| someone at risk by negligence or | | | | ongoing Risk Assessments in maintainingdiscipline |
| incompetence.This could even be a pupil in a | | | | and adequate supervision. All that H&S does is to |
| Secondary School who acts maliciously or in a | | | | provide a framework in which to operate which |
| grossly negligent way.So anyone on the school | | | | allows them to justify their actions in case of a |
| site might beconsidered liable, except for children | | | | accident or incident. Byproviding this framework |
| below the age of criminal reponsibility. | | | | the school protects, itself, its' staff and its' |
| However,it is the Head Teacher who is the main | | | | children. |
| dutyholder and their main duty is to implement | | | | Staff and Governors and the SMS |
| the policies/procedures of the Employer and | | | | - Whether or not the Governing Body is the |
| manage Health and Safety on their site. | | | | Employer it still carries out its' duties by oversight |
| What are the requirements to manage safety? | | | | of the SMS and actively checks by monitoring and |
| -The Management of Health and Safety at Work | | | | auditing the School SMSand ensures that it fits the |
| Regulations(1992 - 9) defined that all schools | | | | school's circumstances. The Employer Governing |
| needed to manage safety. To do this any school | | | | Body as a dutyholder would have the additional |
| needs to have a system for carrying out its' H&S | | | | legal responsibility of providing policies andspecific |
| duties and also for reviewing safetymatters in | | | | procedures together with resources to manage |
| case situations change within the school . | | | | safety. |
| This is the School Safety Management System | | | | -The Regulations point out that it is good practice |
| (SMS) and this a whole school issue and | | | | for a Governor to be appointed to have |
| staff,governors and pupils need to bepart of, and | | | | responsibility for Health and Safety and its' |
| contribute to this system. | | | | management in the school. |
| - The SMS needs to be used to manage safety | | | | -There is a requirement under safety law and |
| actively as part of the School's normal operations. | | | | regulations for School Staff to be consulted in |
| Having an SMS and operating it is part of the | | | | matters which affect their safety.At present this |
| normal work of the school andshould be | | | | often done through the teaching |
| accommodated in resources and budgets within | | | | Union Reps.This is fine but it tends to discourage |
| the school framework. | | | | the whole staff to participate in the SMS. |
| The SMS is the framework within which the | | | | A good way for this to happen is to enlist staff |
| school needs to address all its' Health and Safety | | | | and pupils in a School Safety Committee which |
| duties. | | | | helps to run, and is part of, the School SMS. |
| What are the main H&S areas which the Head | | | | Accidents do happen? |
| Teacher needs to consider as duties? | | | | Health and Safety compliance need not be a |
| -Risk Assessment - The School needs assess all | | | | major burden. It simply needs to be put in place |
| its' risks and put control measures put in place to | | | | because accidents do happen and if they do they |
| reduce them. This means that a Risk Assessment | | | | should be approached using a safetyapproach to |
| System needs to be part ofthe school SMS. Risk | | | | learn from them and as opportunities to review |
| Assessment need not be overcomplicated but the | | | | Risk Assessment and reappraise control |
| Risk Assessments need to be done by a | | | | measures. |
| COMPETENT Person.This means: | | | | Accidents can be to pupils, staff or visitors |
| "A person with suitable, knowledge, skills, qualities | | | | contractors and can result in litigation and/or |
| and experience to carry out their taks without | | | | prosecution. Accidentsto children which have |
| risk to their own health and safety or that of | | | | ended in litigation against schools have often been |
| others." (Lord Cullen - Piper | | | | unsuccessful if the accident has been shown to be |
| Alpha Report). | | | | a result of play. |
| This person could be a teacher who has been | | | | The view taken by courts seems to be that play |
| deemed competent by virtue of their experience, | | | | is necessary for a child's development and |
| GTC registration and experience. So a Science | | | | sometimes this can result in accidents but the |
| qualified member of staff is the best person to | | | | school need not take undue or unreasonablycostly |
| carry out any Risk Assessment based around | | | | action to avoid all accidents at all costs. |
| Science activities. | | | | Even for accidents caused during horseplay the |
| Equally a staff member who has taken many | | | | courts have indicated that negligence or extreme |
| trips can carry out a Visits Risk Assessment. | | | | recklessness needs to be demonstrably proven. |
| What counts as adequate experience? | | | | Reasonable safety is the concept which is the |
| How many trips is enough or appropriate? | | | | benchmark to judge response to safety matters |
| This is a matter for your school SMS to define | | | | against and provided the school has reasonable |
| but, a competent person should always be | | | | systems in place which indicate thatit is managing |
| appointed following a logical system and IN | | | | safety and using good practice it should be |
| WRITING. | | | | secure. |
| If you have not got in-house competence(a | | | | Prosecution and enforcing UK Safety Law. |
| matter of judgement) you will need to call in | | | | HSE is the body which inspects and enforces the |
| outside assistance, applying the same criteria to | | | | safety law. |
| any outside consultant. | | | | Approximately 25% of all prosecutions for |
| Has someone from an industrial H&S background | | | | breaches which HSE made over the last 5 years |
| enough competence to help you carry out a Risk | | | | were attributed to breaches ofmanagement |
| Assessment for a Educational Visit? Probably not. | | | | duties under the Management of Health and |
| Your SMS needs to define how and when you | | | | Safety at Work Regulations. |
| should review and change risk assessments and | | | | Having said that action by HSE involving |
| what criteria you need to adopt for various | | | | enforcement action against schools is rare and |
| actions. | | | | prosecution rarer still. There are approximately 80 |
| And remember, it is no earthly good adopting | | | | breaches per year in Primary Schools. |
| model Risk Assessments unchanged. All Risk | | | | Accidents are not so rare unfortunately and |
| Assessments must be pertinent and applyto your | | | | approximately 11,000 accidents were reported in |
| school and its' specific conditions. | | | | Education under RIDDORS (3 day accidents) in |
| -Training - H&S duties also mean that the School | | | | 1999/2000 of which about one third weredue to |
| needs to train and give information /instruction to | | | | slips and trips. |
| its' staff andsome visitors. These H&S training | | | | Finally |
| duties mean that the school needs to be able to | | | | Provided a school follows good practice and the |
| deem staff competent to play their part in the | | | | rules no one is likely to be at risk from |
| system. | | | | enforcement or legal action. |
| It also means that the school must deliver job | | | | That the Staff, Governing Body and individual |
| specific training and/or instruction. The main areas | | | | Governors need to support the Headteacher in |
| of training defined by regulations and good | | | | carrying out their duty under the law and |
| practice include: | | | | co-operate with any Employer is a given.The Head |
| * Induction for all new staff and for specified | | | | Teacher also needs to respond to the H&S |
| visitors and contractors | | | | requiremnts of the employer and the law. |
| * Basic Safety Requirement defined by your | | | | They can do this by ensuring that safety is |
| School SMS and which is sufficient H&S Training | | | | managed in the school under a Safety |
| for staff to enable them to operate safely with | | | | Management System. This ensures that the |
| awareness of duties,responsibilities,the main | | | | school is in compliance with the regulations. |
| hazards and risks and to enable them to play their | | | | The whole school needs to be seen to be playing |
| part in the School SMS. | | | | its' full part in any school Safety Management |
| * Job specific Safety training and Instruction - | | | | System. |
| Training to enable the member of staff to carry | | | | |