Health and Safety for GovernorsA presentation by

13 March 2014

CHILDREN’S & ADULTS’ SERVICES

Steve Dunham

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

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

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 & 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

Health and Safety at Work etc. Act 1974

Health and Safety at Work etc. Act 1974

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

The Cost of FailureFailure 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.

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

• 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

5 Steps to 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.

Remember…

• Some workers have particular requirements.

• Extra thought will be needed for some hazards.

• Members of the public.

• If you share your workplace

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.

Health and Safety Culture!•mutual trust

•shared perceptions

•patterns of behaviour

•health & safety management style

Compensation Act 2006

“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

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

• 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

• 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 & 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 88257418Fax: 020 88258299Mobile: 07940546263email: dunhams@ealing.gov.uk

Children's Services - SchoolsEaling CouncilPerceval House14-16 Uxbridge RoadEaling W5 2HL