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