I have delivered Health and Safety presentations at two conferences organised for Schools and Academies and I have been ask to deliver similar talks at two further conferences. It is important that Health and safety in schools and academies is managed well.

At each conference, I delivered two talks: one aimed at schools and the other focused more on academies. I enjoyed delivering these talks on Health and safety in schools and academies and I think that the audience got a lot out of it (and there were several questions and discussions following on from them).

Health and Safety in Schools and Academies

There is a synopsis of the first part of my talk:

Health and Safety: Legal Responsibility

The legal responsibility (and thus the accountability) for Health and Safety lies with the employer.

So, in different types of schools: who is the employer?

This will depend on the category of school.  In England the Local Authority is the employer in:

• Community schools, community special schools, voluntary controlled schools, maintained nursery schools and pupil referral units.

The Governing Body is the employer in:

• Foundation schools, foundation special schools, voluntary aided schools, academies and free schools

The proprietor is the employer in independent schools.

Note: Although overall accountability lies with the school employer, other senior school managers involved in the day to day running of the school also have responsibility for the health and safety of staff and pupils.

Scotland: the majority of schools are state owned and operated by local authorities and so the local authority is the employer.  There are a few grant aided schools, which are independent of local authorities, but which are supported financially by the Scottish Government. The Governing Body, or equivalent, is the employer. For independent schools, the proprietor, Board of Trustees or equivalent, is the employer.

Voluntary Controlled Schools

The Local Authority (LA) is the employer and has overall responsibility for health and safety compliance. This responsibility cannot be devolved. The LA must provide oversight and monitoring.

A Voluntary Controlled school is usually a religious or faith school, where the land and buildings are owned by a charity (often religious) but the local education authority funds the school, runs it, and employs the staff.

Voluntary Aided Schools

The governing body is the employer and so is responsible for health and safety. There is no legal requirement for Voluntary Aided Schools to adopt LA policies and procedures. Some LAs may make their services and recommendations available to Voluntary Aided Schools for which they make a charge.

A Voluntary Aided school is usually a religious or faith school, where the land and buildings are owned by a charity (often religious) but the governing body runs the school and employs the staff, and the school is jointly funded by the local education authority, the governing body and the charity.

Health & Safety Legislation

Health and Safety at Work etc Act 1974

The key legislation is the Health and Safety at Work etc Act 1974. This Act requires employers to ensure the health and safety of their employees (Section 2) and non-employees (Section 3), so far as is reasonably practicable. The Act also places duties on individuals to take care for the health and safety of themselves and others.

Section 2 places a duty on employers to ensure the health, safety and welfare of employees as far as is reasonably practicable. Employers of five or more people must prepare a written health and safety policy and bring it to the attention of employees.

Section 3 requires employers to ensure as far as is reasonably practicable that non-employees (such as: pupils/students, contractors, visitors, etc.) who may be affected by work activities are not exposed to risks to their health and safety. Where young or vulnerable persons may be affected, the duty of care is greater.

Section 4 places a duty on anyone responsible for the workplace to ensure that the premises, plant and machinery do not endanger the people using them.

Section 7 states that it is the duty of every employee while at work to take reasonable care of him or herself and of any other person who may be affected by his or her actions. This section also requires employees to cooperate with their employer in relation to health and safety issues.

Section 8 requires everyone not to interfere with or misuse anything provided in the interest of health and safety.

Management of Health and Safety Regulations 1999

The Health and Safety at Work etc Act 1974 is supported by many sets of Regulations, including the Management of Health and Safety Regulations 1999. These require employers to undertake risk assessments and put measures in place to control the significant risks.  In addition, employers also need to:

• make arrangements for implementing the health and safety measures identified as necessary by risk assessments
• monitor and review those arrangements
• appoint people with sufficient knowledge, skills, experience and training to help them to implement these arrangements
• set up emergency procedures and provide information about them to employees
• provide clear information, supervision and training for employees and ensure that suitably competent people are appointed who are capable of carrying out the tasks entrusted to them
• work together with any other employer(s) operating from the same workplace, sharing information on the risks that other staff may be exposed to, eg cleaning, catering or maintenance contractors
• take particular account of risks to new and expectant mothers

Other Health and Safety Regulations

Health and Safety (First-Aid) Regulations 1981

The Electricity at Work Regulations 1989

Manual Handling Operation Regulations 1992

Health & Safety (Display Screen Equipment) Regulations 1992

Workplace (Health Safety and Welfare) Regulations 1992

Personal Protective Equipment Regulations 1992

The Confined Spaces Regulations 1997

Provision and Use of Work Equipment Regulations 1998

Lifting Equipment and Lifting Operation Regulations 1998

Control of Substances Hazardous to Health Regulations 2002

Dangerous Substances and Explosive Atmospheres Regulations 2002

Control of Lead at Work Regulations 2002

Adventure Activities (Enforcing Authority) Regulations 2004

Control of Noise at Work Regulations 2005

Control of Vibration at Work Regulations 2005

Work at Heights Regulations 2005

Regulatory Reform (Fire Safety) Order 2005

The Construction (Design and Management) Regulations 2007

The Equality Act 2010

Control of Asbestos Regulations 2012

The School Premises (England) Regulations 2012

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

The School Premises (England) Regulations 2012

Regulation 6: Health, safety and welfare

School premises and the accommodation and facilities provided therein must be maintained to a standard such that, so far as is reasonably practicable, the health, safety and welfare of pupils are ensured.

 Health and safety in schools and academies – an important subject that needs to be managed properly.