Health and Safety for Governors A presentation by 13 March 2014 Steve Dunham CHILDREN’S & ADULTS’ SERVICES 1

Aims and discussion Why we need to manage Health and Safety The Law Hazard and risk – It could only happen in America! Risk assessment Responsibilities - What’s New! Where to start Available resources – EGfL!

Why Manage H&S? Moral Financial Legal Moral Financial – Fines Civil claims Loss business Loss reputation Premium Etc… Legal – HSE / LA EHO IN / PN / Prosecution Civil vs. Criminal law 3

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

Health and Safety at Work etc. Act 1974 Duties of an employer To conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment, who maybe affected are not exposed to risks to their health and safety.

Health and Safety at Work etc. Act 1974 These duties are qualified in the Act by the principle of ‘so far as is reasonably practicable’. Enabling act In other words, an employer does not have to take measures to avoid or reduce the risk if they are technically impossible or if the time, trouble or cost of the measures would be grossly disproportionate to the risk. HASWA is an enabling act - Regs made under the act. Draw umbrella. Ask for examples PUWER LOLER COSHH MH DSE Control of Vibration at work 2005 Noise RIDDOR Management PPE 7

Health and Safety at Work etc. Act 1974 Duties of employees Take reasonable care for your own health and safety Do not harm others by your acts or omissions Co-operate with your employer regarding health and safety Inform your employer of any hazardous situations Follow systems of work and training given to you Use personal protective equipment provided

Health and Safety at Work etc. Act 1974 Management of Health & Safety at Work Regulations 1999 Personal Protective Equipment at Work Regulations 1992 Health & Safety (First Aid) Regulations 1981 Control of Substances Hazardous to Health Regulations 2002 Provision and use of Work Equipment Regulations 1998 Electricity at Work Regulations 1989 The Workplace (Health, Safety and Welfare) Regulations 1992 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

Health and Safety at Work etc. Act 1974 Lifting Operation and Lifting Equipment Regulations 1998 Regulatory Reform (Fire Safety) Order 2005 Manual Handling Operations Regulations 1992 Working at Height Regulations 2005 Control of Asbestos Regulations 2012 Construction (Design and Management) Regulations 2007 Display Screen Equipment) Regulations 1992 Control of Vibration at Work Regulations 2005

The Cost of Failure Failure to manage health and safety can result in: Prosecution, fines and imprisonment Compensation claims for damage Loss of output or service Replacement costs Retraining Loss of reputation

The Management of Health & Safety at Work Regulations 1999 A risk assessment is an important step in protecting your workers and your business, as well as complying with the law. It helps you focus on the risks that really matter in your workplace – the ones with the potential to cause real harm. Employers are specifically asked to consider young people, and new expectant mothers. 12

Risk Assessment ‘A risk assessment is simply a careful examination of what, in your work, could cause harm to people, so that you can weigh up whether you have taken enough precautions or should do more to prevent harm.’ HSE

5 Steps to Risk Assessment Identify Hazards – concentrate on the significant ones. Persons at Risk – decide who might be harmed and how Evaluate the Risks – decide whether existing control measures are adequate or if more needs to be done. Document – record your finding Monitor and review your risk assessment

Hazard A hazard is anything that may cause harm, such as chemicals, electricity, working from ladders, an open drawer etc;

"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. 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. 27

Remember… Some workers have particular requirements. Extra thought will be needed for some hazards. Members of the public. If you share your workplace 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. 28

Hierarchy of Controls Can I get rid of the hazard altogether? Try a less risky option. Prevent access to the hazard. Organise work to reduce exposure to the Hazard. Issue personal protective equipment. Provide welfare facilities. Can I get rid of the hazard altogether? If not, how can I control the risks so that harm is unlikely? Try a less risky option (e.g. switch to using a less hazardous chemical); Prevent access to the hazard (e.g. by guarding); Organise work to reduce exposure to the hazard (e.g. put barriers between pedestrians and traffic); Issue personal protective equipment (e.g. clothing, footwear, goggles etc); Provide welfare facilities (e.g. first aid and washing facilities for removal of contamination). Improving health and safety need not cost a lot. For instance, placing a mirror on a dangerous blind corner to help prevent vehicle accidents is a low-cost precaution considering the risks. Failure to take simple precautions can cost you a lot more if an accident does happen. Involve staff, so that you can be sure that what you propose to do will work in practice and won’t introduce any new hazards. 34

Health and Safety Culture! mutual trust shared perceptions patterns of behaviour health & safety management style 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.

36

Compensation Act 2006

But what is a “desirable activity”? “Deterrent effect of potential liability: A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions against a risk or otherwise), have regard to whether a requirement to take those steps might (a) prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way, or (b) discourage persons from undertaking functions in connection with a desirable activity.” But what is a “desirable activity”?

Baroness Ashton said, "It is not the Government's intention to change the law - it is our intention to change behaviour". The Act seeks to play a part in the Government's wider programme to tackle what it believes is a 'disproportionate fear of litigation and risk averse behaviour'. Most lawyers agree that the Act is likely to generate an increase in litigated cases as these are brought to court to test the boundaries of “desirable activity”

Playground equipment preventing long term risk to health (obesity, lack of fitness etc.) better long term understanding of risk - spatial awareness better long term understanding of their own physical capabilities - termed gross motor skills the value of play as a medium for learning and personal social development So are these “desirable activities”

H&S Responsibilities Headteacher H&S policy for school, implementation and review H&S training and information Risk assessments and control measures Investigate and report accidents Establish and maintain fire safety procedures Foundation schools v Community schools

H&S Responsibilities 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) (policy, risk assessments and controls)

Where to look 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) Safe systems of work Accident Book/forms

Premises Management Asbestos register Legionella risk assessment Fire risk assessment Alarms and emergency lighting Educational visits Training Accident forms

Resources Available to Your School Steve & Marlon 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: dunhams@ealing.gov.uk Children's Services - Schools Ealing Council Perceval House 14-16 Uxbridge Road Ealing W5 2HL 48