HEALTH & SAFETY LEGISLATION RELEVANT TO SCHOOLS

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1 HEALTH & SAFETY LEGISLATION RELEVANT TO SCHOOLS LEGISLATION SCOPE NOTES Health and Safety at Work etc Act 1974 Management of Health and Safety at Work Regulations 1999 General duties of employers to employees and to persons other than employees; of employees and others; of 'persons in control of premises'; and of manufacturers and suppliers of articles and substances for use at work; Duties on employers to carry out Risk Assessments; to appoint H&S 'competent persons' to assist employer; to establish imminent danger' procedures; and to provide information and training for employees. Also an 'enabling Act' under which many sets of specific Regulations have been made. Workplace (Health, Safety and Welfare) Manual Handling Operations Regulations 1992 Duties and standards relating to maintenance, ventilation temperature, lighting, cleanliness, space, workstations and seating, floors and traffic routes, falls, windows, doors, sanitary conveniences, washing facilities, drinking water, rest and changing facilities Duties to avoid, assess and reduce' manual handling operations and risks, in order to prevent injury from lifting, pushing, pulling, carrying or moving.. Revoked and replaced many provisions of Factories Act and OSRPA. All workplaces have had to comply since 1 January Apply in all workplaces including schools; particularly relevant to teachers involved in handling and lifting pupils. Provision and Use of Work Equipment Regulations 1998 Health and Safety (Display Screen Equipment) Personal Protective Equipment at Work Requirements with respect to the suitability and maintenance of work equipment and the training of all people using work equipment. 'Work equipment' includes any machinery, appliance, apparatus or tool which carries out a function at work (e.g. scissors, guillotines). Duties and standards relating to workstations, daily work routine, eye protection, training, information, safe design and use of VDUs, etc. Duties and standards relating to provision, assessment, maintenance, accommodation, information and use of personal protective equipment. Of particular significance to science, CDT and home economics teachers, and teachers in special schools who may use machinery such as hoists. Covers any employee who habitually uses display screen equipment as a significant part of his or her normal work'. All display screen equipment has had to comply since 1 January These complement more detailed PPE requirements on the Control of Lead, COSHH and Noise Regulations. 1

2 Education (School Premises) Regulations 1996 Control of Substances Hazardous to Health (COSHH) Regulations 1995 Minimum provisions in respect of school premises, including standards of construction, heating, lighting and ventilation, provision of pupil toilets and washrooms, staff accommodation and playing fields. Duties and standards on all aspects of control of substances hazardous to health including chemicals, dust, micro-organisms and dangerous pathogens. Came into effect from 1 September 1996 in place of previous 1981 Regulations which were of wider scope but which were never brought into full effect. Apply in particular to science and CDT work, but also to e.g. storage of cleaning materials. See also ACOPs and HSE guidance on COSHH assessments in schools. Electricity at Work Regulations 1989 Duties and standards on all aspects of electrical safety, but mainly relating to standards of installations. Requirement that no person may work on electrical devices unaccompanied if skill is necessary to avoid danger of electrocution is most pertinent to schools (especially for teachers and technicians). See also HSE Guidance Note GS23 and DfEE Building Bulletin 76 which contain specific standards. Noise at Work Regulations 1989 First Aid Regulations 1981 Control of Asbestos at Work Regulations 1987 Fire Precautions (Workplace) Regulations 1997 Health and Safety Information for Employees Regulations 1989 Reporting of Injuries, Diseases and Dangerous Occurences Regulations 1995 (RIDDOR) Requirements for noise measurement and control, issuing of hearing protectors, marking of noisy areas, audiometry. Requirements for provision of first aiders and first aid boxes and minimum standard of training of first aiders. Requirements relating to the handling and disposal of asbestos during maintenance work and removal operations. Duty to provide appropriate fire detection and fire fighting equipment and to ensure employees and others are appropriately trained in evacuation procedures. Requirements for display of summary of main legal requirements in poster form, or distribution to all employees of a leaflet. Rules and legal requirements for recording and reporting of accidents, diseases and dangerous occurrences. See also extensive HSE Guidance Notes. See also ACOP (revised in 1997 to include Risk Assessment for number of first aiders). DfEE guidance forthcoming. See also HSE Guidance Note EH 10 and other Guidance Notes (other asbestos regulations also exist). Covers schools for the first time. See also Home Office guidance note. Poster/leaflet must contain the address of the local office of the HSE and EMAS Regulations extend definition of injury and reporting requirements to cover acts of violence, and revise the list of reportable diseases. 2

3 The Factories Act 1961 The Offices, Shops and Railway Premises Act 1963 The Offices, Shops and Railway Premises (Hoists and Lifts) Regulations 1968 Pressure Systems and Transportable Gas Containers Regulations 1989 Horizontal Milling Machine Regulations 1928 Foundries (Protective Footwear and Gaiters) Regulations 1971; Non-Ferrous Metals (Melting and Founding) Regulations 1962 Pottery (Health and Welfare) Regulations 1950 Abrasive Wheels Regulations 1970 Protection of Eyes Regulations 1974 Woodworking Machinery Regulations 1974 Duties and standards on many aspects of health and safety, supplemented by many sets of specific Regulations, applying in factories and in offices etc. Requirements in respect of the design, construction, maintenance and periodic inspection of lifts, etc. Detailed requirements for the safe operation of pressure systems and transport of gas containers. Requirements in respect of guarding, surrounding floors, lighting, control circuits of milling machines. Detailed requirements in connection with foundry operations. Duties and standards to minimise lead and silica risks in pottery processes. Requirements for use and maintenance of abrasive wheels. Deals with safety matters: potential health hazards involved in grinding should be assessed under COSHH. Standards for use of eye protection in processes specified in a schedule. Specifies the safeguarding of woodworking machines, the training of operatives, supervision of trainees, ventilation, extraction, lighting and noise levels. Many regulations made under these Acts have been of value as minimum standards for schools. Now largely superseded by the 1992 Workplace (Health, Safety and Welfare) Regulations, PUWER Regulations and PPE Regulations. Covers goods hoists, dumb waiters. Relevant in teaching workshops in secondary schools. Partially relevant in metal casting operations in schools. Relevant in pottery rooms. Relevant in teaching and maintenance workshops in schools; some sections replaced by 1992 PUWER Regulations. Relevant in laboratories, workshops. Relevant in teaching and technician workshops; some sections replaced by the 1992 PUWER and Workplace (Health, Safety and Welfare) Regulations. 3

4 Ionising Radiations Regulations 1985 Requirements on employers to control exposure to ionising radiations and to institute appropriate protective measures and warning systems. See also ACOP and DfE Administrative Memorandum 1/92 - The Use of Ionising Radiations in Education Establishments in England and Wales. Occupiers Liability Act 1957 An occupier of premises owes a common duty of care to his visitors (i.e. a duty to take reasonable care to see that visitors will be reasonably safe in using his premises for the purposes for which they are permitted to be there). The Act reminds the occupier that he must be prepared for children to be less careful than adults. The occupier may expect a person in the exercise of his calling to protect against 'risks which might normally be expected to exist' but the occupier must warn of any unusual or unexpected risks present. Building Regulations 1991 General provisions for the control of building work. Schedule 1 covers fire safety, toxic fumes ventilation, hygiene, waste disposal and safety of stairs. Construction (Design and Management) Regulations 1994 (CDM) Chemicals (Hazards, Information and Packaging) Regulations 1994 (CHIP 2) Control of Lead at Work Regulations 1980 The Trade Union Reform and Employment Rights Act 1993 Duties on clients, planning supervisors, principal contractors, designers and contractors to plan, co-ordinate and manage health and safety on construction sites. Introduces approved supply list of dangerous substances and an approved class identification and labelling guide. All aspects of work with lead or exposure of lead. Jobs covered are any in which workers inhale, absorb or ingest lead, other than as a result of exposure to vehicle exhausts on a road. Section 28 and Schedule 5 contain employment protection rights in health and safety cases. Covers all Safety Reps and employees. Applies to a notifiable construction work lasting at least 30 days or involving more than 500 persons/days of work and to non-notifiable work involving 5 or more persons on site at one time. Applies to substances and to mixtures of chemicals. Places duties on manufacturers and suppliers to identify hazards correctly; supply safety information on data sheets package; and label chemical products suitably and securely. Protection available regardless of length of service, hours of work or age. 4

5 OTHER SOURCES SCOPE NOTES DfEE 'Safety' Series 1-4 No.1 Outdoor Pursuits No.2 Science Laboratories No.3 Practical Departments No.4 Physical Education 'Managing Health and Safety in Schools' 'Safety Policies in the Education Sector' 'Responsibilities of School Governors for Health and Safety' 'Violence to Staff in the Education Sector' 'Managing Occupational Stress: A Guide for Managers and Teachers in the Schools Sector' 'COSHH: Guidance for schools' 'Health and Safety in Animal Facilities' CLEAPSS School Science Service These are considered by many HSE inspectors to constitute advice akin to 'Codes of Practice' or Guidance Notes. Describes the key elements of health and safety management in schools such as looking for hazards, evaluating the risks and monitoring health and safety arrangements. Sets out legal requirements for a safety policy as well as guidelines for writing, carrying out, monitoring and publicising a safety policy. Outlines the legal duties of governing bodies, LEAs and others in relation to health and safety matters. Advises on identifying potential risk of violence, formulating preventive strategies, recording incidents, and supporting staff who are victims of violence. Identifies possible sources of stress and provides practical advice on how to deal with stress at work at both the management and individual level. Guidance on COSHH regulations. Safety recommendations for those who have responsibility for animal facilities in schools and universities. Advice and guidance on all aspects of science teaching in schools. They are generally too imprecise in their approach to be of great value as a source of specific standards. See also DES Administrative Memorandum 3/90. 5