Carmarthenshire County Council

Health & Safety Awareness for School Governors

Eddie Cummings

Croeso/Welcome

Course Administration

Time table

Safety & Comfort

Mobile phones

Questions

Aims and ObjectivesBy the end of the evening you will have a better

awareness of:

• Health and Safety legislation influencing risk management in our schools

• Key safety roles and responsibilities

• Key health and safety issues affecting schools

• How key health and safety issues are managed in our schools

Programme

• Introduction to health & safety

• Principles of health & safety legislation and schools

• Role of School Governors and Governing Bodies

• Risk management in schools

• Further sources on information

• Question & answer session

“The measures designed to control and reduce the risks to the health and safety of anyone who may be affected by the activities of people at work” (HSE)

Includes injuries and both physical and psychological ill health

What Do We Mean by “Health & Safety”?

A secondary school is banning skirts from its uniform over "health and safety" fears. The academy said the ban was introduced to deal with the problem of some students wearing too short skirts(The Telegraph January 2011)

Health & safety fears mean pupils are now required to wear safety goggles to play conkers in schools(The Times October 2004)

Tescos’ store bans school carol singers claiming that they were breaking noise at work regulations. (BBC News Dec 2011)

Health & Safety!!!

North East Lincolnshire School Bans Skirts

A secondary school is banning skirts from its uniform over "health and safety" fears. The academy said the ban was introduced to deal with the problem of some students wearing too short skirts.

David Hampson, chief executive of the Tollbar Academy said: "We've had increasing problems with the length of skirts. We don't want to spend an inordinate amount of time chasing pupils about specific issues of dress. "There is a health and safety issue in this day and age with young ladies and very, very short skirts.“

Letters enforcing a similar ban will also be going out to parents at Tollbar's partner school, Cleethorpes Academy, this week. The skirt ban will begin at the start of the new school term in January

In a statement, the chair of the Health and Safety Executive, Judith Hackitt, said: "This is one of the worst examples we've seen of health and safety being used in completely the wrong context. "There is nothing in health and safety legislation that requires schools to ban hemlines that aren't to a school's liking.“

340 violent attacks on teaching staff took place in Welsh classrooms last year, while 1,425 incidents of verbal abuse were recorded.

A deputy head teacher who worked at a Coventry school has received an out-of-court settlement of £200,000 from the school’s governing body. She had to retire early on health grounds (stress related illness) and is unlikely to work again

A teenage girl had to have most of her fingers and thumbs amputated because of severe burns caused by mixing plaster of paris by hand during an art class

A two year old child has been killed by a reversing car driven by a supply teacher in a North Wales school

Poor planning and lack of staff training identified as contributing to the death of pupil on a school tripThree children at a city primary taken to hospital after getting their fingers trapped in heavy swing doors. One child required reconstructive surgery to two of her fingers

A teacher who slipped on a greasy floor in a school dining room damaged her knee ligaments so badly, she was on crutches for five months and is undergoing extensive physiotherapy

Penyrheol Comprehensive School, Swansea was significantly damaged by fire following an arson attack in March 2006,

A specialist contractor has advised Caerphilly council to consider demolishing a school it closed last week because of asbestos

Health & Safety Legislation

Health & Safety Legislation• The basis of occupational health & safety legislation is the Health & Safety at Work etc Act 1974

• Schools defined as a place of work

• Sets out general duties of care

• Supported by Regulations that cover more specific risks, processes and activities.

• Guidance available to help interpret legal requirements

• Provision for enforcement and the prosecution of individuals and organisations

Duties of Care

The Health & Safety at Work Act 1974 places specific “Duties of Care” on the following people in the workplace:

• Employers

• Employees

• Self employed

• Persons in control of premises

• Manufacturers, suppliers

Duties of Care - Employers

“It shall be the duty of every employer to ensure, so far as is

reasonably practicable, the health, safety and welfare of all

employees”

“A duty to safeguard those not in their employment, but who

may be affected by the undertaking “so far as is reasonably

practicable”

Duties of Care - Employees

Take reasonable care of the health and safety of themselves and of other persons who may be affected by their acts or omissions at work

Co-operate with employers or other persons so far as is necessary to enable them to perform their duties or requirements under the Act.

No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions

The Employer

Board of Governors

Voluntary Aided Schools

Grant Maintained Schools

Grant Maintained Special Schools

City Technology Colleges

LEA

Community Schools

Voluntary Controlled Schools

Pupil Referral Units

Youth Groups

Places more detailed duties on those identified by the HASWA 1974 as employers:

• Undertake risk assessments (significant risk)

• Make arrangements for the organisation, planning and monitoring of workplace safety

• Provide suitable information, instruction & training

• The appointment of competent persons to assist with health & safety

• Ensure additional protection for certain groups of employees

• Provide a written Health & Safety Policy (five or more employees)

• Consult with employees over matters affecting health & safety

These duties are “Absolute”

Management of Health & Safety at Work Regulations 1999

Supporting Regulations• Control of Asbestos at Work Regulations 2006

• Regulatory Reform Fire Order 2005

• Construction (Design & Management) Regulations 2007

• Workplace (Health Safety and Welfare) Regulations 1992

• Control of Substances Hazardous to Health Regs 2002

• Provision and Use of Equipment Regulations 1998

• Display Screen Equipment Regulations 1992

Education Service Advisory Committee

• H&S guidance for school governors ESAC 1998

• Guidance on who is employer

• Guidance on principles of H&S management in schools

• Guidance on roles & functions of head teachers and school governors

• Section 93 of the Education and Inspections Act 2006 – use of reasonable force in schools

Enforcement of Health & Safety Legislation

Undertaken by the HSE:

• Powers of entry onto premises

• Undertake investigations

• Interview employees

• Take samples, documentation, substances, photos

• Direct safety related activities

• Initiate notices and prosecutions

Enforcement of Health & Safety Legislation

• Improvement Notices

• Prohibition Notices

• Criminal prosecution:

Fines Imprisonment

Examples Of Enforcement Action

05/04/04 Caerphilly Primary School - Immediate Prohibition Notice Unprotected glazing near to a children’s playground

26/02/03 Carmarthenshire Secondary School - Improvement Notice Traffic management in secondary school

08/07/03 Neath Port Talbot Primary School - Fined £10,000 with £2,618 costs

Pupil suffered serious burns to her legs from a sterilisation unit

17/01/01 Carmarthenshire Primary School -Fined £14,000 with £1,548 costs

Exposure of subcontractors to asbestos during school refurbishment

Key Roles and Responsibilities

Carmarthenshire County Council Executive Board

Corporate Management Team(CMT)

Director

Corporate Health & Safety AdvisorsSpecialist Safety Advisors(fire, asbestos, Legionella)

Head teacher

School Management Team

Employees/Pupils/Visitors

Health & Safety Management Steering Group

Board of Governors

• Responsibility for the health and safety of pupils lies with the Governing Body either as the direct employer of school staff or through control of the school premises or both

• Where the Governing Body does not employ staff, the Local Authority also has responsibilities as the employer

• In reality Health & Safety in schools is a shared responsibility between the Governing Body, Local Authorities and head teachers

The Role of the School Governors – Health & Safety

Board of GovernorsSpecific roles may include:

• Convening Health & Safety Committees including a nominated Governor to lead on health & safety

• Ratification of H&S arrangements, policies and procedures

• Inspections & audits

• Reporting to Local Authority or parents (specifically on arrangements for the security of staff and pupils)

• Advise on remedial action resulting from enforcement action

• Advise on best use of specialist advisors (fire, asbestos etc)

Board of Governors School Governors of Community, Special and VC schools:

Give due consideration to matters concerning health and safety when developing or delivering any of the schools policies and strategies, and when allocating resources

Ensure that school specific health & safety management arrangements are compatible with the objectives of the Authority’s’ Health & Safety polices, procedures, & guidance and effectively implemented.

Taking reasonable steps to ensure that the school premises remain safe.

Cooperate and comply with directions associated with matters concerning health, safety & risk management issued by CarmarthenshireCounty Council,

Legal Status of Board of Governors

• Governing bodies are regarded as Corporate Bodies under law and because of this, individual governors are generally protected from personal liability as a result of the governing body’s decisions and actions

• Provided they act honestly, reasonably and in good faith, any liability will fall on the governing body even if it has exceeded its powers, rather than on individual members

• In most circumstances Governors cannot act in an individual capacity on behalf of the Governing Body unless nominated as having specific duties

Role of the Head teacher• General duties outlined in CCC’s Health & Safety Policy

• Regarded as an Employer under HSWA 1974

• Responsible for local health & safety arrangements:

Local Health & Safety Policy & arrangementsUndertake and maintain risk assessmentsImplement and maintain appropriate risk control measuresEstablish and maintain local safety management teams/committeesCompetency of staffMonitoring arrangementsReporting of accidents and incidentsConsulting with employees or their representatives Consult with Health & Safety Advisors and other Specialist Advisors

Health & Safety Advisors

• Provide “Competent Assistance” to schools

• Support schools in developing and maintaining effective risk control procedures

• Advise on safety issues affecting schools and educational activities

• Undertake visits and safety inspections/audits

• Assist with the investigation of accidents and significant incidents

• Liaise with enforcement bodies

• Coordinate other safety related issues

Property Compliance Unit

Provide “competent assistance” to schools in following areas:

• Legionella & water management

• Asbestos

• Fire

• Radon Gas

• LPG storage

Key Health & Safety Issues in Schools

Key Health & Safety Issues in Schools

SiteSecurity

Violence & Aggression

Asbestos & Legionella

Fire

Finger Trapping

Slips & Trips

Stress

Manual Handling

Trafficmanagement

StaffTraining

Maintenance and testing of equipment

RiskManagement

Fire SafetyPenyrheol Comprehensive School - Swansea March 2006

Arson attacks in England, Wales and Scotland are damaging or destroying an average of 20 schools each week. In particular, 2006 saw an increase in the number of very expensive school fires - with 42 attacks causing damage costing more than £5m to put right, up from 27 the previous year.

2007 - 22 Arson attacks on schools in Wales (Zurich Municipal Insurance)

A school in Essex has been fined for failing to provide training or suitable equipment to allow staff to safely work at height. The prosecution follows an incident at Shenfield High School, near Brentwood, when a caretaker fell from a work platform, which didn’t have any edge protection. David Springett, 54, and one of his colleagues were recladding the outside of the school’s kitchen when the incident took place on 28 July 2010.

None of the maintenance staff had received work at height training and no risk assessment was carried out before the work started. The men used a work platform to carry out the work, which was expected to take a number of days to complete, but the structure did not have any edge protection. Mr Springett was standing on the platform when he lost his footing and fell 1.9 metres to the ground. He broke two ribs and needed a three-inch metal plate and multiple metal screws inserted into a broken arm.

School caretaker fell from unprotected work platform

A specialist contractor has advised Caerphilly council to consider demolishing a school closed last week because of asbestos, it has emerged.

The 900-pupil Cwmcarn High School shut last Friday after workmen spotted the potentially hazardous material. The report recommended an immediate notice of prohibited access, although the risk to students and staff from fibres of damaged asbestos was said to be low.

The council has also revealed that the specialist contractors who wrote the report also advised it to "look at the abatement/demolition of Cwmcarn High School, due to the implicated costs of continuing to operate without further risk of exposure".

The council estimates it would cost millions to remove the asbestos, but says it is considering all options.

School Closed After Discovery of Asbestos

Risk Management in Schools

• Risk assessments

• Competent advice and guidance

• Appropriate Management Standards

• Staff competency and training

• Effective communication

• Accident and incident reporting & investigation

• Monitoring and reviewing procedures

Health & Safety Guidance for Schools

• Health & Advisors for schools – Adryan Jones & Dave Channing

• Management of Fire Safety – Andrew Rees

• Management of Asbestos – Chris Reynolds

• Management of Legionella – Andrew Rees

• School Trips – Christopher J Davis

• Manual Handling – Alwena Thomas

• Property & Maintenance – Property Compliance Unit

• Play equipment – Eamon Davies Grounds Maintenance Div

• Health & Safety Training – Eddie Cummings

• Health & Safety Executive (HSE) guidance

• Carmarthenshire County Council’s Policies & Procedures

• Guide to the Law for School Governors - www.dcsf.gov.uk

• Health & Safety Responsibilities in Schools – DFeS 2001

• Managing H&S in Schools under “Fair Funding” – HAS 2001

• Health & Safety for School Governors and Members of School Boards - ECAS 1998

Management Standards

Health & Safety Training for Schools

• IOSH Managing Safely• Premises Responsible Persons

• Risk Assessment Principles & Practice

• Manual Handling

• Fire Warden & fire safety awareness

• Health & Safety Awareness for Caretakers

• Personal Safety

• Managing Stress in the Workplace

Management of Asbestos in CCC Schools

41

Asbestos fibres are extremely small - up to 700x smaller than a human hair

Once inhaled, these fibres can get deep in the lungs where they can be extremely difficult to dislodge. This can lead to serious, incurable and often fatal diseases:

Lung cancer - increased incidents, particularly for smokers Mesothelioma - cancer of the linings of the lungs Asbestosis - irreversible scarring of the lungs

Long delay between exposure and diagnosis – typically 15 – 30 years

Prevelent in buildings built/maintained between1940-1998

Use of asbestos and asbestos containing materials (ACMs) became illegal in 1999

Asbestos (ACMs)

42

Asbestos Containing Materials - ACMs

Asbestos Management – Key Roles

• HSE – Management Standards and Enforcement:

• Control of Asbestos at Work Regulations 2012• HSG 264 – Asbestos Surveys

• Carmarthenshire County Council – Duty Holder

• Technical Guidance - Property Compliance Unit

• Head teachers - Local Management

Asbestos Management in Schools• External survey of all CCC schools for ACMs

• 124 out of 130 schools known to contain asbestos

• Survey includes condition of ACMs and recommendations on management actions (including time scales):

• Remove where practicable• Procedures to make safe and prevent contamination• Labelling of ACMs• Re inspection schedules

• Asbestos register maintained by Property Compliance Unit

• Local Asbestos Management File in all schools

• All CCC contractors receive asbestos awareness training

• All contractors must sign the school asbestos management plan

45

1. Introduction, local management structure and responsibilities

2. Guide to the plan

3. Site plan

4. Asbestos survey & asbestos register inspection record

5. Action Plan

6. Emergency procedures

7. How works are procured

8. Implementation, monitoring & review

9. Archive & correspondence

School’s Asbestos Management File

• Attend training to enable key staff to effectively carry out their roles and responsibilities

• Ensure the Asbestos Management File is made available to all contractors who undertake work at the school and that the inspection record is signed

• Ensure all staff are aware of presence of asbestos and associated management procedures

• Monitoring the condition of ACMs

• Reporting of damage or deterioration of ACMs

Role of Head Teachers

Carmarthenshire County Council’s Policies & Procedures

Health & Safety Executive (HSE)

www.governernet.co.uk

Guide to the Law for School Governors - www.dcsf.gov.uk

Health & Safety Responsibilities in Schools – DFeS 2001

Managing H&S in Schools under “Fair Funding” – HAS 2001

Health & Safety for School Governors and Members of School Boards - ECAS 1998

Further Advice and Guidance

Any Questions