HEALTH AND SAFETY The Higher Duty of Care An Overview Simon Lowe Presentation for the National College Thursday 15 November 2012

Transcription

1 HEALTH AND SAFETY The Higher Duty of Care An Overview Simon Lowe Presentation for the National College Thursday 15 November

2 PUTTING SAFETY INTO PERSPECTIVE Question: What is the average number of deaths in UK schools each year? 2

3 PUTTING SAFETY INTO PERSPECTIVE The average annual death rate in schools and on school visits is: only 6 3

4 PUTTING SAFETY INTO PERSPECTIVE The average annual death rate in schools and on school visits is: only 6 Compared with: Total accidental deaths: 10,000 (HSE) Obesity and unfitness: 30,000 (National Audit Office) (Obesity in under 15s has tripled in the last 10 years) Suicides: 100 Road Traffic accidents: 3,500 (400 under 18) Home: 4,000 (DTI) (200 under 18) Work: 350 Domestic baths: 5 (under 5) There were 500,000 accidents reported to HSE from secondary and primary schools in the five years between 2005 and 2010, followed by 29 prosecutions of schools. 4

5 HIGHER DUTY OF CARE Where the risks are significantly greater than the norm Where the person with responsibility has the training/education/experience to appreciate the risks and know how to manage them Then the institution can reasonably expect the responsible person to know how to manage the risk 5

6 DFE GUIDANCE 2011 Children should be able to experience a wide range of activities. Health and safety measures should help them to do this safely, not stop them. It is important that children learn to understand and manage the risks that are a normal part of life. Common sense should be used in assessing and managing the risks of any activity. Health and safety procedures should always be proportionate to the risks of an activity. Staff should be given the training they need so they can keep themselves and children safe and manage risks effectively. 6

7 RESPONSIBILITIES Governing Body or Proprietor Overall responsibility for procedures and checking Safety committees Review and amend how to keep up to date? Checklist for risk assessment Direct responsibility and accountability within school Take account of law and advice how do you know? Produce a written policy Inspection and reviews external verification (insurers) Ensure training 7

8 RESPONSIBILITIES cont Head and Staff Understanding policy Implementing policy and procedures Training Carrying out risk assessment Monitor and amend as necessary Discharge any specialist functions 8

9 THE DUTY IN LAW Question: What does the phrase in loco parentis mean? A In place of the parent B In place of the prudent parent C Take no risks D Take responsibility 9

10 THE DUTY IN LAW Question: What does the phrase in loco parentis mean? B In place of the prudent parent 10

11 HEALTH AND SAFETY COMMON LAW Duty of care In loco parentis (in place of the prudent parent) Questions: Is a duty owed? Was the duty not discharged or not discharged properly? If not, did any damage accrue? If the answer is yes then NEGLIGENCE 11

12 HEALTH AND SAFETY ACT (1974) Duty of care placed on employers and employees Also duty towards pupils, parents and visitors Must have Health and Safety policies and ensure they are implemented Employers required to: Consult with staff safety representatives Inform and keep up-to-date all staff Take account of vulnerable groups (i.e. young and disabled) Provide training for employees Risk Assessments Monitor and assess progress, taking necessary action 12

13 HEALTH AND SAFETY REGULATIONS Workplace (Health, Safety and Welfare) Regulations 1992 (as amended in 1999) What is expected of a clean and healthy workplace Managing Health and Safety at Work Regulations Provisions and Use of Work Equipment Regulations (PUWER) Health & Safety (Display Screen Equipment) Regulations COSHH (Hazardous Substances) 2005 Plus many more 13

14 RISK ASSESSMENT What does a Risk Assessment have to include by law? A What the Local Authority/Employer tells me B Names of students at risk of injury C Hazards, Risks, Who might be harmed, Control measures, Specific to you, regular review D All possible things which could happen that might injure anyone 14

15 RISK ASSESSMENT What does a Risk Assessment have to include by law? C Hazards, Risks, Who might be harmed, Control measures, Specific to you, regular review 15

16 RISK ASSESSMENT Identifying Hazards Identifying Risks Estimating severity and likelihood of injury Reasonably foreseeable Common-sense identification Identify Control measures and implement Record significant risks if over 5 employees Examine previous incident record Use lessons learned for next time Does NOT have to be in a particular format or use numbers/ratings 16

17 ASSESSING THE RISK Other issues Overall assessment of total health and safety risk Incorporated formally into school s policies Reasonable Adjustments what does it mean? Health surveillance of staff (asbestos, ionising radiations, lead) Common-sense identification Use lessons learned for updating policy Safe lesson planning Hiring and Lettings Changes to and by contractors How should this be tackled? A clause in every contract 17

18 PUPILS WITH SPECIAL NEEDS AND DISABLED PUPILS Should not be treated less favourably Should be enabled as far as is reasonably practicable to have access to the curriculum and premises Reasonable adjustments must be made - Work with parents/staff to ensure they are happy 18

19 REPORTING ACCIDENTS Reporting Injuries, Diseases, and Dangerous Occurrences Regulations (RIDDOR) WHAT TO REPORT? Major injuries - including fractures (other than to hands and feet), unconsciousness from electric shock or lack of oxygen, and acute illness caused by pathogen, a substance, or infected material Dangerous Occurrences (e.g. collapsing structures) Reportable Diseases (rarely applies to schools) WHEN AND HOW? Reportable to HSE by telephone, and within 15 days in writing using form F2508 available on their website THIS HAS CHANGED IN 2012 How do you keep in touch? HOW DO YOU KEEP RECORDS OF ALL 3-DAY INJURIES? 19

20 WHERE THINGS GO WRONG HSE Statement Where sensible and proportionate steps have been taken by a school and its staff, it is highly unlikely that there would be a breach of health and safety law involved, or that it would be in the public interest for HSE to bring a prosecution. 20

21 HSE VIEW ON PROSECUTIONS Prosecutions taken by HSE invariably involve a fatality (or near fatality) where there was recklessness or a clear failure to adopt sensible precautions. The fact that an accident occurs does not mean there was a breach of health and safety law if sensible, proportionate and appropriate precautions have been taken. Fears of prosecution by schools and their staff have been grossly inflated and are unwarranted, such fears should not be a barrier to school trips taking place. HSE now charging for investigations per hour 21

22 THE DUTY IN LAW Who is responsible for fire safety and emergency evacuation in a school? 22

23 THE DUTY IN LAW Who is responsible for fire safety and emergency evacuation in a school? Answer: THE HEADTEACHER/PRINCIPAL 23

24 EMERGENCY PROCEDURES Health and Safety policies must include emergency procedures. Priorities: Saving life/evacuation Avoiding personal injury Minimising damage Reducing loss (financial and reputational) 24

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