Health and Safety Guidance

Health and Safety responsibilities in schools derive from the Health and Safety at Work etc. Act 1974 and associated regulations, and legislation is enforced by the Health and Safety Executive (HSE).

This guidance exists to help clarify responsibilities under existing health and safety legislation and explain who is responsible for the health and safety of school staff, pupils and others whilst they are on the school premises.

Employers

The Health and Safety at Work etc. Act 1974 places overall responsibility for health and safety with the employer. However, who this is varies with the type of school.

For community schools, community special schools, voluntary controlled schools, maintained nursery schools and pupil referral units the employer is the Local Education Authority (LEA). For foundation schools, foundation special schools and voluntary aided schools, the employer is usually the governing body. For independent schools, the employer is usually the governing body or proprietor.

Education employers have duties to ensure, so far as is reasonably practicable:

• the health, safety and welfare of teachers and other education staff;
• the health and safety of pupils in-school and on off-site visits; and
• the health and safety of visitors to schools, and volunteers involved in any school activity.

Employees

It’s not just employers that have responsibilities for health and safety, however. The Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 apply to employees too, and states that they have a responsibility to:

• take reasonable care of their own and others’ health and safety;
• co-operate with their employers;
• carry out activities in accordance with training and instructions; and
• inform the employer of any serious risks.

Enforcement

The HSE enforces health and safety law relating to the activities of LEAs and schools. Because the employer is responsible for health and safety in the workplace and on work activities the HSE will normally take action against the employer. However, in some circumstances, for example where an employee failed to take notice of the employer’s policy or directions in respect of health and safety, the HSE may take action against the employee as well or instead.

Responsibility in Schools

It is the employer’s responsibility to have a health and safety policy in place and make arrangements to implement it. Employers must also assess the risks of all activities, introduce measures to manage those risks, and tell their employees about the measures.

In practice, employers may delegate specific health and safety tasks to individuals, but the employer retains the ultimate responsibility no matter who carries out the tasks.

The employer should therefore maintain an audit track, making clear who is doing what and confirming that these tasks are being carried out.

For more information about health and safety visit www.hse.gov.uk