| "A Headteacher's Safety Management | | | | I have indicated the singular and plural |
| Toolkit Article" | | | | above because one offence can breach |
| The Health and Safety Executive(HSE) as | | | | several laws and regulations and HSE |
| the body responsible for enforcing | | | | will report all the breaches against the |
| safety laws in our schools believes that | | | | offence. |
| up to 80% of accidents and incidents can | | | | Prosecutions |
| be attributed to what they are calling | | | | Primary Schools - Total 16 |
| now "Human Factors". An indication of | | | | Secondary Schools - Total 18 |
| how Human Factors integrate with the | | | | Breaches in Primary Schools |
| HSE's Regulatory function can be seen in | | | | HASAW Act Sect 2 - 3 |
| the where they emphasise such as | | | | HASAW Act Sect 3 - 6 |
| contributory factors. The list below | | | | Management of H&S Regs 4 |
| shows where HSE have identified Human | | | | Electricity at Work 1 |
| Factors as problems in priority areas | | | | Construction Design & Maint Regs 1 |
| for their action.This list is extracted | | | | Construction H&S Regs 1 |
| from the HSC's Strategic Plan to 2010 | | | | Gas Safety Inst &Use Regs |
| and beyond andappears on HSE's Human | | | | Workplace (H&S) regs |
| Factors website. | | | | Control of Asbestos Regs |
| * Prevention of musculoskeletal | | | | Breaches in Secondary Schools |
| disorders and manual handling injuries | | | | HASAW Act Sect 2 - 3 |
| * Management of work-related stress | | | | HASAW Act Sect 3 - 10 |
| * Preventing falls from height | | | | Management of H&S Regs 4 |
| * Preventing slips and trips | | | | Electricity at Work |
| * Preventing workplace transport | | | | Construction Design & Maint Regs |
| accidents | | | | Construction H&S Regs 1 |
| * Human factors in design (e.g. alarm | | | | Gas Safety Inst &Use Regs 1 |
| handling in control rooms, vehicle cab | | | | Workplace (H&S) regs 1 |
| design etc) | | | | Control of Asbestos Regs 6 |
| * The design and effectiveness of | | | | If you check the figures above the |
| procedures | | | | secondary figures do not add up to 18. |
| * Human reliability - human error and | | | | This is because, as I explained above, |
| systems failures e.g. maintenance error | | | | often more than one breach is involved |
| * Assessing organisational change and | | | | in an offence or a enforcement notice. |
| its implications | | | | All Enforcement Notices in Schools |
| * Effects of organisational culture | | | | Primary Schools Total 77 |
| * Communications and their effects on | | | | Secondary Schools Total 137 |
| health and safety | | | | Improvement Notices |
| * Staffing levels and workload | | | | Primary School Total 63 |
| * Fatigue from working patterns - | | | | Secondary School Total 102 |
| shiftwork and overtime | | | | Prohibition Notices |
| * Training and competence | | | | Primary Schools Total 14 |
| You may wonder why I've started off with | | | | Secondary Schools Total 35 |
| Human Factors but just look at this list | | | | Made up of Breaches(Primary Schools) |
| again. | | | | HASAW Act Sect 2 38 |
| HSE never rush into enforcement and | | | | HASAW Act Sect 3 41 |
| making prosecutions without informing | | | | Management of H&S Regs 42 |
| and reinforming the public. | | | | Electricity at Work 6 |
| Now add up all the functions where | | | | Construction Design & Maint 1 |
| management can make improvements on what | | | | COSHH 4 |
| HSE say is 80% of accidents and where | | | | Prov&Use of Work Equipment 4 |
| their priority areas are. | | | | Manual Handling 3 |
| Got it? | | | | Workplace (H&S) regs 26 |
| What this tells us is where HSE will be | | | | Control of Asbestos Regs 7 |
| focusing over the next period of time - | | | | This may not mean a lot to a non- safety |
| managing safety. | | | | professional but we can look at this |
| This is confirmed by work which I have | | | | another way. |
| done on Head teacher's Safety Management | | | | What breaches occur in small numbers? |
| Toolkit user's behalf by revisiting | | | | Well it appears to me that emphasis on |
| HSE's Database of Enforcement and this | | | | CDM, COSHH and Manual Handling must have |
| and a subsequent article gives | | | | been dealt with fairly well by schools. |
| information and analyses the | | | | Alternatively relatively few accidents |
| information. | | | | may have happened to be reported under |
| You can see information on this Toolkit | | | | the RIDDORs Regulations i.e there may |
| and get access to the Analysis at | | | | have been accidents or incidents but not |
| This article looks at the raw data and | | | | frequent or serious enough to appear on |
| makes some comments and observations on | | | | the HSE radar. |
| Enforcing School Safety.To be able to do | | | | What isn't there at all? |
| this I have gone through HSE databases | | | | There are absolutely no Display Screen |
| for the last 5 years and extracted all | | | | Equipment Regulations notices let alone |
| the Education related Enforcement | | | | any prosecutions. I think most of us |
| actions. | | | | would not be too surprised not to see |
| These include : | | | | any references to the Personal |
| Enforcement Orders | | | | Protective Equipment Regulations or |
| These are orders issued by Inspectors | | | | those covering Noise. However, since |
| to: | | | | there has been so much emphasis on DSE |
| Prohibit an unsafe action or activity | | | | Regs and schools are now crammed with |
| either immediately or within a specified | | | | PCs and ICT it seems that DSE Regs are |
| time frame,(Prohibition Notice) | | | | not high on HSE's priorities. |
| Or, | | | | NB this does not mean there will never |
| Improve an unsafe activity or condition | | | | be enforcement and there is a |
| again within a time frame.(Improvement | | | | requirement for a Risk Assessment to be |
| Notice) | | | | carried out against these Regulations |
| These orders are the major part of HSE's | | | | even if the RA says minimal or no |
| enforcement activity;for example there | | | | significant risk and Action: No action! |
| were 214 Orders made against schools and | | | | What is there a lot of notices issued |
| employers over the time period of the | | | | for? |
| Database,(approx. 5 years) whilst there | | | | Health and Safety at Work Act Sections 2 |
| were only 34 prosecutions. | | | | & 3 are "catch all" breaches and |
| Enforcement Notices are Orders and need | | | | essentially Section 2 says "not ensuring |
| to be taken very seriously by anyone who | | | | employees safety" and Section 3 "not |
| gets one as HSE will prosecute if a | | | | ensuring the safety of others(non |
| Notice is ignored. | | | | employeesi.e pupils and visitors |
| Ignoring an Enforcement Notice is | | | | contractors)". |
| actually given as a criterion for | | | | The largest number of notices arise |
| prosecution in their Enforcement Policy | | | | around the Management of Health and |
| document. | | | | Safety at Work Regulations. This is |
| Let us just look at what the situation | | | | relatively new and the focus is to make |
| actually is in schools as regards | | | | sure that dutyholders manage safety.This |
| numbers of prosecutions and notices. | | | | is where there is likely to be |
| Prosecutions | | | | increasing emphasis for the future. |
| In 2004/5 there were 712 prosecutions in | | | | There are also 26 notices around |
| total made by HSE in which they secured | | | | breaches of the Workplace(H&S) |
| about 95% success of conviction. | | | | Regulations. This can be partly |
| The total number of prosecutions over | | | | explained by a HSE initiative started in |
| the time frame for the HSE Database is | | | | Kent to ensure regulation of site |
| just over 4000, which shows that schools | | | | traffic and that pedestrians were |
| and education with 34 prosecutions | | | | separated from it. |
| account for less than 1% of all | | | | So, quite a few of these Workplace Regs |
| prosecutions. | | | | breaches are about site traffic, school |
| However, some extremely high profile | | | | buses whilst others are about unsafe |
| cases from the education sector do not | | | | structures in the school. |
| appear on HSE's database. | | | | Comments on Enforcement |
| This is always the case for any work | | | | As I indicated above we can get inside |
| related death which would be prosecuted | | | | the mind of HSE by looking at their |
| by the Crown Prosecution(England and | | | | Plans and Policies. |
| Wales) or the Procurator | | | | They quite openly tell us that:a) |
| Fiscal(Scotland). | | | | Enforcement will be used to drive Plans |
| Thus, a teacher prosecuted for a death | | | | and Policy.b) Enforcement will be |
| occurring on a school trip falls outside | | | | targeted at the most serious risks.c) |
| HSE's database. However,they have | | | | Enforcement will be targeted to improve |
| reported two prosecutions where children | | | | standards.d) Their evidence shows and |
| have been injured on trips and HSE has | | | | confirms that enforcement is an |
| followed the incident up with a | | | | effective motivator and deterrent.e) |
| prosecution. One of these was a | | | | They believe that enforcement plays an |
| prosecution of both the | | | | important role in securing compliance.f) |
| Employer(Council) and the Head teacher. | | | | That enforcement in the form of |
| Looking at the actual figures of | | | | prosecutions comes about mainly from |
| breaches involved in prosecutions gives | | | | investigations into reports received on |
| us some indication of where actions are | | | | serious incidents.(about 90 -95%) |
| occurring now and later we shall look at | | | | We'll look at actual examples of all |
| the breaches involved in enforcement | | | | these in another article and see what |
| orders which may give us a clue to | | | | specific offences are most and least |
| future actions. | | | | common and what other lessons we can |
| HSE reports Breaches against each | | | | learned to maintain schools as safe |
| prosecution or notice. A Breach | | | | learning environments and to ensure the |
| indicates the specific law(s) or | | | | health and safety of our children and |
| regulation(s) which is cited in relation | | | | staff. |
| to the offence. | | | | |