health and safety for governors - egfl.org.uk · •health and safety law applies to work...

Health and Safety for Governors A presentation by

27 Nov 2015 CHILDREN’S & ADULTS’ SERVICES

Steve Dunham

Aims and discussion

• Why manage Health and Safety?

• The Law

• Risk – It could only happen in America!

• What is sensible H&S?

• The role of the school leaders

• Where to start

• Available resources – EGfL!

Why Manage H&S?

• Moral

• Financial

• Legal

Presenter

Presentation Notes

Moral Financial – Fines Civil claims Loss business Loss reputation Premium Etc… Legal – HSE / LA EHO IN / PN / Prosecution Civil vs. Criminal law

Definition of Health and Safety

• Health and Safety is a condition free from risk of injury or threat to our health and well being.

• It is an objective to be achieved, not a natural state of affairs.

Section 2(1) of the Act makes it the duty of every employer to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Health and Safety at Work etc. Act 1974

• Duties of an employer • Provide & Maintain Safe Systems, Plant & Equipment

• Safe Arrangements for the Use, Handling, Storage & Transport of Articles & Substances

• Information, instruction training and supervision

• Maintain the workplace in a safe condition

• Ensure a safe & healthy environment with adequate welfare facilities

What does health and safety legislation cover?

• Health and safety law applies to work activities carried out by the school, including off-site activities such as school trips. The law applies to risks to staff, pupils and visitors created by those work activities. The law also applies to the work of contractors in the school.

• Health and safety risks in schools typically include on site transport movements, falls from height, slips and trips, stress management, work related violence, asbestos management, legionella, construction and maintenance activities and manual handling.

What is not covered by health and safety legislation?

Schools have to manage many other child protection, public safety and public health issues that are not regulated by occupational health and safety law. This can lead to confusion about ‘health and safety‘ requirements.

What is not covered by health and safety legislation? • Some examples of where other authorities have

responsibility include: • Promoting the welfare and wellbeing of pupils

• Communicable diseases

• Behaviour and discipline of pupils

• Criminal record checks

• Food hygiene

• Driving/ licensing of school minibus drivers

• Use of seat belts on buses

• Waste and pollution control

Health & Safety (First Aid) Regulations 1981

Management of Health & Safety at Work Regulations 1999

Provision and use of Work Equipment Regulations 1998

The Workplace (Health, Safety and Welfare) Regulations 1992

Personal Protective Equipment at Work Regulations 1992

Control of Substances Hazardous to Health Regulations 2002

Electricity at Work Regulations 1989

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

1995



Manual Handling Operations Regulations 1992

Lifting Operation and Lifting Equipment Regulations 1998

Control of Asbestos Regulations 2012

Display Screen Equipment) Regulations 1992

Regulatory Reform (Fire Safety) Order 2005

Working at Height Regulations 2005

Construction (Design and Management) Regulations 2007

Control of Vibration at Work Regulations 2005

Is it really health and safety?

Health and safety is sometimes used as an excuse to justify not allowing some school activities to go ahead when in fact health and safety legislation does not apply.

Health and safety arrangements in schools need to be proportionate and appropriate to the risks involved:

• Primary schools and ‘traditional’ classrooms in secondary and sixth form colleges are typically lower risk environments, and you will probably already be doing enough. The classroom checklist, which is not mandatory, provides a useful prompt for these types of classroom.

• Risks may increase in Design and Technology workshops, science

laboratories, art studios, textiles, drama, and PE. • Some of the higher risks to manage include vehicle and pedestrian

movements on site, refurbishment and construction work, and adventure activities.

Presenter

Presentation Notes

Sensible health and safety management means making sure that the focus is on real risks with the potential to cause harm, not wasting resources on trivial matters and unnecessary paperwork. In short effective leaders follow a sensible and proportionate approach to health and safety management that promotes risk awareness rather than risk avoidance. While many schools manage health and safety effectively and sensibly, some have adopted over cautious approaches. This means that pupils are missing out on challenging and exciting activities and learning opportunities, and the chance to develop new skills. In schools sensible health and safety starts at the top and relies on every member of the management team making sure that risk is managed responsibly and proportionately. It is about creating a safe learning environment, giving pupils an appreciation of risk and how to deal with it. It means doing what is reasonably practicable This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. However, you do not need to take action if it would be grossly disproportionate to the level of risk. to reduce significant risks by putting in place control measures to manage the real risks. It is not about the elimination of all risk.

Sensible Health & Safety • Health and safety is often used as an excuse to stop activities or

disguise unpopular decisions - giving rise to myths and misunderstandings. Some simply use it as a catch-all phrase when they actually mean something quite different.

• Health and safety at work legislation is about reducing death, serious injury and ill health in workplaces. It is about taking the necessary action to reduce significant risks arising from work - it is not about banning activities.

Presenter

Presentation Notes

•Are you falling prey to health and safety myths and misunderstandings?

Myth: Children are banned from throwing snowballs

Presenter

Presentation Notes

Every year we hear inaccurate stories about children who aren't allowed to throw snowballs, and swimmers who can't take their traditional winter dip in the local lake. All this in the name of health and safety. The reality: If we spend time on the trivial risks there's a chance we'll miss the most important ones. We need to focus on finding ways for things to happen, not reasons to stop them - a sensible approach to managing risk focuses on practical action to tackle risks that cause real harm and suffering.

The reality: If we spend time on the trivial risks there's a chance we'll miss the most important ones. We need to focus on finding ways for things to happen, not reasons to stop them - a sensible approach to managing risk focuses on practical action to tackle risks that cause real harm and suffering.

The reality: Health and safety law is often used as an excuse to stop children taking part in exciting activities, but well-managed risk is good for them. It engages their imagination, helps them learn and even teaches them to manage risks for themselves in the future. They won't understand about risk if they're wrapped in cotton wool.

Risk itself won't damage children, but ill-managed and overprotective actions could!

The role of school leaders Key roles for:

• The employer

• The governing body

• The head teacher

• Other school leaders

• Member of staff

Presenter

Presentation Notes

In local authority controlled schools in England and Wales (community and voluntary controlled schools) the Board of Governors role is to ensure clarity of vision, ethos and strategic direction. The Board of Governors may have control of the premises both during and outside the school day, and may oversee a delegated budget for some maintenance activities. They are not the employer. Overall accountability for health and safety lies with the employer of the members of staff in the school. However day-to-day running of the school including responsibility for the health and safety of staff and pupils is normally delegated to the head teacher and school management team. They have a key role in making sure risks are managed effectively on site. Sensible and effective management of health and safety relies on every member of the management team making sure risk is managed responsibly and proportionately. Good communication by all parties is critical to getting this right. Where you have employee health and safety representatives or a safety committee they can play a valuable role in contributing to the development of a positive health and safety culture.

The role of school leaders What you need to do Take reasonable steps to make sure that the school is following the employer's policy and procedures e.g. through regular discussion at governance meetings.

Ensure staff receive adequate training to enable them to carry out their responsibilities.

Promote a sensible approach to health and safety, making use of competent health and safety advice when required.

Work in close partnership with the head teacher and senior management team to support sensible health and safety management and to challenge as appropriate.

The role of school leaders Key message

The governing body have a key part to play in tackling risk aversion, helping to provide a wider sense of perspective and helping the school to get the balance right on managing risk.

Sensible management test When we have sensible health and safety management:

• the school leadership team understand the safety policy and apply it practically to the real risks in the school

• key staff have clearly established roles and responsibilities

• paperwork is kept to a minimum with the significant hazards identified, their risks adequately controlled and precautions clearly documented where needed

• school leaders consult with staff including employee / trade union safety representatives – looking for practical solutions to health and safety issues

• learning is enabled by making proportionate decisions

Presenter

Presentation Notes

There are many benefits to be gained from successful health and safety management – both in the school and outside. Outdoor learning activities help pupils develop a greater understanding of a subject and help in developing their risk awareness. HSE has published case studies demonstrating sensible and proportionate risk management practices for school trips that reflect the principles of successful health and safety management.

Presenter

Presentation Notes

When we fail to demonstrate sensible health and safety management: no one leads or takes responsibility for health and safety there is a lack of understanding about risks, priorities and risk management precautions for higher risk activities, eg off-site or work at height, have not been identified important documents and records are not kept up to date senior managers are unaware of staff concerns and there is no engagement with staff on risk management members of staff are left to deal with difficult decisions without the necessary skills, experience and training key information is not passed to contractors working on site When sensible health and safety management is neglected, the consequences can be severe.

"foreseeable hazards" rather than "fantastic

possibilities"

Risk

The risk is the chance, high or low, that somebody could be harmed by these and other hazards, together with an indication of how serious the harm could be.

Risk Assessment

Don’t overcomplicate the process.

Presenter

Presentation Notes

In many organisations, the risks are well known and the necessary control measures are easy to apply. You probably already know whether, for example, you have employees who move heavy loads and so could harm their backs, or where people are most likely to slip or trip.

Remember…

• Some workers have particular requirements.

• Extra thought will be needed for some hazards.

• Members of the public.

• If you share your workplace

Presenter

Presentation Notes

Some workers have particular requirements, e.g. new and young workers, new or expectant mothers and people with disabilities may be at particular risk. Extra thought will be needed for some hazards. Cleaners, visitors, contractors, maintenance workers etc, who may not be in the workplace all the time. Members of the public, if they could be hurt by your activities. If you share your workplace, you will need to think about how your work affects others present, as well as how their work affects your staff – talk to them; and ask your staff if they can think of anyone you may have missed.

Health and Safety Culture! •mutual trust

•shared perceptions

•patterns of behaviour

•health & safety management style

Presenter

Presentation Notes

Organisations with a positive safety culture are characterised by communications founded on mutual trust, by shared perceptions of the importance of safety and by confidence in the efficacy of preventative measures. Safety culture is not a difficult idea, but it is usually described in terms of concepts such as ‘trust’, ‘values’ and ‘attitudes’. It can be difficult to describe what these mean, but you can judge whether a school has a good safety culture from what the staff actually do rather than what they say.

Governor • Appoint H&S Governor • Familiar with LA and School H&S policy • Ensure policy arrangements are in place and

enforced • Monitor and review (policy, risk assessments

and controls)

H&S Responsibilities

Presenter

Presentation Notes

(policy, risk assessments and controls)

• LA H&S Policy • School H&S Policy • Risk Assessments • Safe systems of

work • Accident forms

• Condition survey • Audit assistance

surveys • Civil claims history • Training records • Inspection / audit

records (HSE or OfSTED)

Where to look

Presenter

Presentation Notes

Safe systems of work Accident Book/forms

• Asbestos register • Legionella risk assessment • Fire risk assessment • Alarms and emergency lighting

• Educational visits • Training • Accident forms

Premises Management

Resources Available to Your School

• Steve • H&S Training courses through CPD Online • Corporate Health and Safety Courses • Codes of Practice, Risk Assessment forms

and guidance • DFE guidance e.g Educational Visits,

Special Needs • HSE Documents (hard copy and website) • EGfL • EC Harris LLP

For further information contact Steve Dunham Tel: 020 88257418 Fax: 020 88258299 Mobile: 07940546263 email: [email protected]

Children's Services - Schools Ealing Council Perceval House 14-16 Uxbridge Road Ealing W5 2HL

mailto:[email protected]