1. Carmarthenshire County Council Health & Safety Awareness
for School Governors
Eddie Cummings
Croeso/Welcome

2. Course Administration
Time table
Safety & Comfort
Mobile phones
Questions

3. 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

4. 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

5. 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

6. 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)

7. 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.“

8. A deputy head teacher who worked at a Coventry school has received an out-of-court settlement of £200,000 from the school’s 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

9. Health & Safety Legislation

10. 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

11. 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

12. 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”

13. 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

14. The Employer LEA Community Schools Voluntary Controlled Schools
Pupil Referral Units
Youth Groups
Board of Governors
Voluntary Aided Schools
Grant Maintained Schools
Grant Maintained Special Schools
City Technology Colleges

15. 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”

16. 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

18. Education Service Advisory Committee
H&S guidance for school governors ESAC 1998
Guidance on who is employer
Guidance on principles of H&S 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

19. 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

20. Enforcement of Health & Safety Legislation
Improvement Notices
Prohibition Notices
Criminal prosecution:
Fines
Imprisonment

21. Examples Of Enforcement Action
05/04/04 Caerphilly Primary School - Immediate Prohibition Notice
Unprotected glazing near to a children’s 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

22. Key Roles and Responsibilities

23. Carmarthenshire County Council Executive Board
Corporate Management Team
(CMT)
Director
Corporate Health & Safety Advisors
Specialist Safety Advisors
(fire, asbestos, Legionella)
Head teacher
School Management Team
Employees/Pupils/Visitors
Health & Safety Management
Steering Group
Board of Governors

24. 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

25. Board of Governors Specific roles may include:
Convening Health & Safety Committees including a
nominated Governor to lead on health & safety
Ratification of H&S 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)

26. 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 Authority’s’ 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,

27. 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
body’s 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

28. Role of the Head teacher
General duties outlined in CCC’s 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

29. 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

30. Property Compliance Unit
Provide “competent assistance” to schools in following areas:
Legionella & water management
Asbestos
Fire
Radon Gas
LPG storage

31. Key Health & Safety Issues in Schools

32. Key Health & Safety Issues in Schools
Site
Security
Violence &
Aggression
Asbestos &
Legionella
Fire
Finger
Trapping
Slips &
Trips
Stress
Manual
Handling
Traffic
management
Staff
Training
Maintenance
and testing
of equipment
Risk
Management

33. 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.
Arson attacks on schools in Wales (Zurich Municipal Insurance)

34. 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 didn’t have any edge protection. David Springett, 54, and one of his colleagues were recladding the outside of the school’s 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.

35. 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.

36. 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

37. 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

38. Management Standards Health & Safety Executive (HSE) guidance
Carmarthenshire County Council’s Policies & Procedures
Guide to the Law for School Governors -
Health & Safety Responsibilities in Schools – DFeS 2001
Managing H&S in Schools under “Fair Funding” – HAS 2001
Health & Safety for School Governors and Members of
School Boards - ECAS 1998

39. 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

40. Management of Asbestos in CCC Schools

41. 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 between
Use of asbestos and asbestos containing materials (ACMs) became illegal
in 1999

42. Asbestos Containing Materials - ACMs

43. 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

44. 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

45. School’s Asbestos Management File
Introduction, local management structure and responsibilities
Guide to the plan
Site plan
Asbestos survey & asbestos register inspection record
Action Plan
Emergency procedures
How works are procured
Implementation, monitoring & review
Archive & correspondence

46. 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

47. Further Advice and Guidance
Carmarthenshire County Council’s Policies & Procedures
Health & Safety Executive (HSE)
Guide to the Law for School Governors -
Health & Safety Responsibilities in Schools – DFeS 2001
Managing H&S in Schools under “Fair Funding” – HAS 2001
Health & Safety for School Governors and Members of School Boards - ECAS 1998

48. Any Questions