Carmarthenshire County Council

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• Carmarthenshire County Council
• Health Safety Awareness
• for School Governors
• Eddie Cummings
• Croeso/Welcome

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Course Administration
Time table Safety Comfort Mobile phones
Questions
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Aims and Objectives

• By 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

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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

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What Do We Mean by Health Safety?
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
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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)
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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.
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A deputy head teacher who worked at a Coventry
school has received an out-of-court settlement of
200,000 from the schools governing body. She
had to retire early on health grounds (stress
related illness) and is unlikely to work again
340 violent attacks on teaching staff took place
in Welsh classrooms last year, while 1,425
incidents of verbal abuse were recorded.
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
A specialist contractor has advised Caerphilly
council to consider demolishing a school it
closed last week because of asbestos
Penyrheol Comprehensive School, Swansea was
significantly damaged by fire following an arson
attack in March 2006,
Poor planning and lack of staff training
identified as contributing to the death of pupil
on a school trip
Three 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
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Health Safety Legislation
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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

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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

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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
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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
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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
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Management of Health Safety at Work Regulations
1999

• 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

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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

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• Education Service Advisory Committee
• HS guidance for school governors ESAC 1998
• Guidance on who is employer
• Guidance on principles of HS 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

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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

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Enforcement of Health Safety Legislation

• Improvement Notices
• Prohibition Notices
• Criminal prosecution
• Fines
• Imprisonment

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Examples Of Enforcement Action
05/04/04 Caerphilly Primary School - Immediate
Prohibition Notice Unprotected glazing near to a
childrens 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
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Key Roles and Responsibilities
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Board of Governors
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The Role of the School Governors Health Safety

• 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

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Board of Governors

• Specific roles may include

• Convening Health Safety Committees including
  a
• nominated Governor to lead on health safety
• Ratification of HS 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)

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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
  Authoritys 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
  Carmarthenshire
• County Council,

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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
• bodys 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

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Role of the Head teacher

• General duties outlined in CCCs Health Safety
  Policy
• Regarded as an Employer under HSWA 1974
• Responsible for local health safety
  arrangements
• Local Health Safety Policy arrangements
• Undertake and maintain risk assessments
• Implement and maintain appropriate risk control
  measures
• Establish and maintain local safety management
  teams/committees
• Competency of staff
• Monitoring arrangements
• Reporting of accidents and incidents
• Consulting with employees or their
  representatives
• Consult with Health Safety Advisors and other
  Specialist Advisors

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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

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Property Compliance Unit

• Provide competent assistance to schools in
  following areas
• Legionella water management
• Asbestos
• Fire
• Radon Gas
• LPG storage

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Key Health Safety Issues in Schools
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Key Health Safety Issues in Schools
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Fire Safety
Penyrheol 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)
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School caretaker fell from unprotected work
platform
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 didnt have any edge protection.
David Springett, 54, and one of his colleagues
were recladding the outside of the schools
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.
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School Closed After Discovery of Asbestos
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.
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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

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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

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Management Standards

• Health Safety Executive (HSE) guidance
• Carmarthenshire County Councils Policies
  Procedures
• Guide to the Law for School Governors -
  www.dcsf.gov.uk
• Health Safety Responsibilities in Schools
  DFeS 2001
• Managing HS in Schools under Fair Funding
  HAS 2001
• Health Safety for School Governors and
  Members of
• School Boards - ECAS 1998

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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

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Management of Asbestos in CCC Schools
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Asbestos (ACMs)
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
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Asbestos Containing Materials - ACMs
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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

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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

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Schools Asbestos Management File

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

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Role of Head Teachers

• 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

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Further Advice and Guidance
Carmarthenshire County Councils 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 HS in Schools under Fair
Funding HAS 2001 Health Safety for School
Governors and Members of School Boards - ECAS
1998
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Any Questions