This guidance sets out the health and safety responsibilities of school governors.

• It outlines legal duties in relation to health and safety.
• It underlines health and safety requirements that schools should be complying with and how Governors have a pivotal role to play.
• It defines the role of a school governor to have a strategic overview of how the school is managed, this includes the monitoring and effectiveness of health and safety issues alongside curriculum issues both of which should form part of the everyday management processes.
• To provide practical guidance about the role of governing bodies in managing health and safety in schools.

The Health and Safety at Work etc. Act 1974 places overall responsibility for health and safety with the employer. This will depend on the type of school e.g., maintained, voluntary controlled.

Buckinghamshire Council is the employer in maintained schools, Community schools and Voluntary controlled schools.

Note: In foundation schools, foundation special schools, voluntary-aided schools, free schools and academies, statutory health and safety responsibilities fall on the governing body as the employer.

Legislation, Local Management of Schools, and their Health & Safety policy needs to outline responsibility for the management of health and safety within the school.

As the employer, the Council continues to have legal duties to ensure, as far as reasonably practicable, the health, safety and welfare of employees, and members of the public i.e., pupils

• Health and Safety at Work etc. Act 1974
• Corporate Manslaughter and Corporate Homicide Act 2007
• Management of Health and Safety at Work Regulations 1999
• Regulatory Reform (Fire Safety) Order 2005
• Construction (Design and Management) Regulations 2015
• Occupiers Liability Acts 1957/1984
• Health and Safety Offences Act 2008
• School Standards and Framework Act 1998
• Equalities Act 2010

As employer, Buckinghamshire Council has the power to ensure that its health and safety policy and procedures are carried out in-school and on all school activities.

The Council will provide advice, guidance, and competent support as well as learning and development opportunities to school staff and Governors to enable them to manage health and safety on behalf of the Council.

The Council will also monitor establishments where it is the employer to ensure required standards are reached and will take the necessary action where they are not.

Where the Council believes the health and safety of anyone on-site, or of anybody engaged on school activities off-site, is at risk it can instruct the governing body and Headteacher to take remedial action.

The instruction can specify action to be taken or it can require the governing body and headteacher to comply with a specific aspect of the Council's health and safety policies.

Whether they are the employer or not, the governing body plays an important part in ensuring the overall health and safety of staff, pupils, and visitors to the school. This is a broad remit and governing bodies should consider a range of topics relating to health and safety.

The Governing Body should lead by example and take ownership of health and safety. It should demonstrate commitment and provide clear direction to let everyone know health and safety is important.

The governing body, having control of the premises, must take reasonable steps to make sure that the buildings, equipment, and materials are safe and do not put the health or safety of persons at risk while they are on the premises.

The governing body, as the management body, must have due regard for the Councils legal responsibilities and should ensure that school staff and premises comply with health and safety policies.

A Governor should be nominated to have responsibility for health and safety and should ensure they have a sufficient level of knowledge to enable them to undertake this role.

Employees have a legal right to be consulted on health and safety matters.

Employee representatives can play an invaluable role in involving staff in health and safety matters.

The Safety Representatives and Safety Committees Regulations 1977 give recognised trade unions the right to appoint safety representatives to represent the employees in consultation with their employer about health and safety matters.

Employers have a duty to consult the safety representatives, in suitable time, on a range of matters including the introduction of any measure that may affect the health and safety of the employees represented.

The Health and Safety (Consultation with Employees) Regulations 1996 place similar duties on employers to consult employees who are not represented by trade union safety representatives. The consultation should be with either the employees directly or their elected 'representative of employee safety'.

Under the Safety Representatives and Safety Committees Regulations 1977 trade union safety representatives may investigate accidents and potential hazards, pursue complaints, and carry out school inspections. They are also entitled to certain information, for example about accidents, and to paid time off to train for and carry out their health and safety functions.

Inspectors of Health and Safety from the Health and Safety Executive (HSE) enforce health and safety law in schools and many other workplaces When a health and safety inspector calls (hse.gov.uk)

They may visit without prior warning, although they usually give prior notice, and inspect or audit schools. They may also investigate accidents or complaints. They have the right to talk to employees and safety representatives, take photographs and samples and even, in certain cases, to impound dangerous equipment.

Inspectors may give help and advice on how to comply with the law.

If there is a problem, they may issue formal notices:

• A notification of contravention a document or letter that tells you about health and safety laws you have broken and the reasoning behind it. The inspector will only give you a Notice of Contravention (NoC) if they think you are in ‘material breach’ of the law.
• requiring improvements (an improvement notice).
• prohibiting activities or the use of equipment (a prohibition notice).

They can also prosecute organisations or individuals for breaking health and safety law.

If the governing body is the employer, it is responsible for producing the policy. The health and safety policy are a key document for helping governors deal with health and safety.

Buckinghamshire County Council has a health and safety management system that requires each school to prepare a local policy. Local policies need to build upon the employer's general policy. A model health and safety policy for schools is provided in policy 1.6 on Schools Web. This should be used as a starting point and be appropriately adapted by the school to its own situation and circumstances.

The health and safety policy should influence all activities, including the

selection of people, equipment and materials, the way work is done and how goods, equipment and services are provided.

The nominated person responsible for health and safety should, in conjunction with senior school staff ensure that an establishment specific policy is developed and agreed by the Governing Body. It should be reviewed on an annual basis. Once agreed, the Health & Safety Policy must be signed and dated by the Headteacher and Chair of Governors.

Governors will need to monitor health and safety performance to ensure that the system developed is being successful and that any objectives/targets set are being met.

Active monitoring, (before things go wrong), involves regular inspection and checking to ensure that objectives/targets are being implemented and that risks are being controlled.

An inspection is a comprehensive formal examination of all or part of a workplace to identify deficiencies that create unacceptable risks to health and safety. This will include the identification of unsafe physical conditions and working practices.

Health and safety inspections should be undertaken by persons who are competent to identify the relevant hazards and risks and who can assess the conditions found.

However, proactive monitoring also involves checking on the implementation of the health and safety system by making sure the organisations arrangements are being implemented, that hazards are being identified, that risk assessments are being completed and control measures are being put into practice.

Reactive monitoring involves learning from mistakes, whether they have resulted in injuries and illness, property damage or near misses. This will involve reviewing incident report forms and any investigations that have been undertaken along with recommendations for improvement.

The following is a suggested list of matters that the Governing Body may wish to consider as part of the overall monitoring of health and safety, based upon the implementation process:

• That hazards have been identified in relation to the premises, work activities, curriculum activities and relating to specific roles/persons.
• That risk assessments have been completed for the premises, activities, and specific roles/persons.
• That a risk register has been developed and that any actions required as a result of risk assessments have been undertaken.
• That emergency procedures are developed and the outcomes of testing such procedures are reviewed.
• That the outcomes of incident investigations have been reviewed and any remedial action recommended implemented.
• That any statistics are reviewed to identify any trends.
• That the outcomes of any inspections undertaken are reviewed and the necessary remedial action has been taken.

It is suggested that the committee used to discuss health and safety matters undertakes this monitoring with the full Governing Body being provided with a summary report.

The Management of Health and Safety Regulations 1999 require employers to assess the risks of injury and ill health to employees and to other persons who they do not employ but who may be affected by their work activities.

Risk assessment involves:

• Deciding what are the significant risks.
• Deciding who might be harmed, and how.
• Evaluating the risks and deciding whether existing precautions are adequate or whether more should be done.
• Recording the significant findings of the assessment and drawing them to the attention of the appropriate people.
• Reviewing the assessment from time to time and revising it if necessary.

Risk assessments influence the development of health and safety policies and the organisational arrangements for carrying them out. They also help identify health and safety priorities.

HSE Managing risks and risk assessment at work provides further information on a practical approach to risk assessment.

Headteachers need to manage health and safety in the same way that they manage other issues. It should be an integral part of the management process.

They must implement the health and safety policies agreed and monitored by the employer. Health and safety documentation provided by the Buckinghamshire Council must be read and be implemented in practice in the establishment.

The following should be available in all schools:

• Schools Model Health and Safety Policy
• The Premises Asbestos Log
• The Legionella Report
• Fire Risk Assessment
• Specific Risk Assessments

Staff at all levels in the school must be clear about their health and safety responsibilities and these should be outlined within the schools health and safety policy.

Whether or not the governing body is the employer, the HSE recommends that:

• The governing body and headteacher acknowledge in the school health and safety policy that all staff need to be involved in health and safety if risks are to be effectively controlled.
• The functions of staff are clearly set out and what is expected of them.
• The headteacher checks that staff are competent to carry out the tasks allocated to them and arranges training where necessary.
• The governing body and headteacher decide how they can best use the expertise of health and safety advisers, fire protection officers, building and engineering staff and outside contractors. If the governing body is the employer, it must itself appoint someone to provide health and safety assistance under the Management of Health and Safety Regulations.
• The governing body and headteacher must communicate, not only with each other, but with other school stakeholders including staff, parents, and pupils to promote a culture which recognises that controlling health and safety risks is an essential part of everyone’s daily life.

Governing bodies will want to ensure that the school management team has considered specific health and safety issues including:

• Accident reporting and investigation.
• First aid.
• Workplace arrangements including health and safety inspections and housekeeping.
• Safety of work equipment, machinery, and tools.
• Dealing with hazards such as:
  • Fire and other emergencies.
  • Asbestos in the school building.
  • Use of radioactive materials in secondary schools.
  • Contractors in schools.
  • Vehicle movement in the school grounds.
  • Water hygiene and legionella.
• local rules for subject departments, for example:
  • Science laboratories, preparation rooms and stores.
  • Design and technology workshops and preparation areas.
  • Art and design studios and ceramics areas.
  • Music rooms including practice rooms.
  • Drama studios.
  • Physical education: gymnasia, playing fields and swimming pools.
  • Information technology suites.
• School visits and journeys.
• Adventure activities.
• Work experience arrangements.
• Playground safety.
• Maintenance of work equipment.
• Dealing with violence and verbal abuse to staff.
• School security.
• Arrangements for pupils with special needs, for example
  • Manual handling.
  • Medical needs.
  • Personal Emergency Evacuation Plans.
• Letting school premises to outside bodies.
• Consultation with employees, safety representatives and safety committees.

Monitoring performance is an essential part of effective health and safety management. It involves checking that arrangements and systems are working as they should, for example that:

• Physical controls are in place and working.
• Staff have done what they are supposed to do; and
• Review procedures are working.

Whether or not they are the employer, governing bodies will wish to satisfy themselves that monitoring arrangements are in place, and that the results are reported back to them.

Ways of doing this include:

• Setting up a health and safety committee.
• Including health and safety as a rolling agenda item; and designating one of the governors to take the lead on health and safety.

Buckinghamshire Council has put in place systems for monitoring health and safety arrangements in its schools and other establishments. E.g., informal visits and audits.

It is recommended that governors get involved in monitoring inspections themselves this demonstrates their commitment towards health and safety and may help identify issues which have previously been overlooked.

The key points are:

• Actions allocated to individuals.
• Realistic time limits set for all actions.
• Remedial action to deal with the problem.
• Longer-term action to address the causes.

The HSE Leading sensible health and safety management in schools provides more information about monitoring, and other aspects of health and safety management systems.

The elements that make up a health and safety management system should be subject to a review on an annual basis to ensure that they are effective and relevant to the establishment.

The following is a suggested list of matters that the Headteacher/Governing Body may wish to consider in the review process:

• Health and Safety Policy: has this been reviewed against best practice requirements by persons nominated to do so.
• Health and Safety policy: has this been communicated to staff, Governing Body etc.
• Have objectives/targets been set and met to implement health and safety.
• Are the Governing Body/Head/Senior managers aware of any changes to legislation or guidance from the Buckinghamshire Council.
• Have any changes in practices or procedures been communicated to staff.
• Are all roles and responsibilities delegated and being successfully undertaken.
• Has all necessary learning, development, instruction, and training been provided.
• Has the schools risk register been updated in the last 12 months and reviewed by the appropriate committee.
• Have risk assessments been reviewed according to review dates or where notable change has taken place.
• Has remedial action due to risk assessments, inspections or incident investigation been completed according to the timescales set.
• Have emergency procedures been tested and amended where required.

It is normally good practice for the Head, Business Manager, nominated Health Safety Governor and other members of senior staff to undertake this review and report to the appropriate committee, which can then report to the full Governing Body.

The following can be used to generate establishment specific planning to ensure Health and Safety is effectively implemented and managed. It is not a definitive list and can be amended according to establishment needs.

Policy and Management

Possible targets to plan for:

Health and Safety Policy is developed and regularly reviewed

• Those responsible for developing and reviewing the Health and Safety Policy are identified.
• The Health and Safety Policy is reviewed annually to take account of Local Authority guidance and requirements as well as local changes.
• The Health & Safety Policy is approved by the full Governing Body.
• The Health and Safety Policy is signed and dated by the Headteacher and Chair of Governors

Health and Safety Policy is communicated to stakeholders

• The Health and Safety Policy is brought to the attention of all staff (e.g., on INSET day), Governors and others, as necessary.
• The Health and Safety Policy is made available to all staff (e.g., via intranet or staff room notice board)

Governing Body/Head are aware of Health and Safety responsibilities

Possible targets to plan for:

• The Governing Body/Head have referred to Council Policies and guidance on health and safety.
• The school Health and Safety Policy reflects the legal and Council policy requirements relating to responsibilities.

Governor nominated to be responsible for Health & Safety         

• A named Governor has been made responsible for Health and Safety matters.
• The named Governor has undertaken appropriate learning and development opportunities.

Governing Body has process to discuss Health & Safety issues         

• A committee is instigated that allows Health and Safety to be discussed.
• Health and Safety is a standing agenda item on the committee.
• The Committee meets at least once a term and monitors Health and Safety performance.
• The Committee reviews the Health and Safety system at least once a year

 

Organisation and Arrangements

Possible targets to plan for:

Roles and responsibilities are identified      

• Specific Health and Safety jobs have been determined (e.g., writing H&S Policy and procedures, risk assessing, maintenance, etc)
• People required to undertake jobs have been identified.
• Roles and responsibilities have been detailed in the Schools Health and Safety Policy.

Staff are engaged and supervised      

• Staff with specific duties know what to do.
• Staff are given time and resources to undertake duties.
• Staff are monitored to ensure they are undertaking duties (e.g., performance management, appraisals, one-to-one, meetings)

Learning and development requirements are identified   

• A Health and Safety training matrix is developed.
• Health and Safety induction training is identified, and checklist is developed.
• Staff handbook contains basic Health and Safety information based upon induction checklist.
• Learning and development for staff with specific duties has been determined (e.g., training courses)

Information, instruction, and training is provided  

• Health and Safety induction training is provided to new staff when they join the establishment.
• Specific information, instruction and training is for planned and undertaken.
• Records of information, instruction and training are maintained.

Consultation and communication on Health & Safety issues takes place

• Means of consulting with staff on Health and Safety is established.
• Means of informing staff of any changes in policy and procedures established.
• Means of informing visitors of emergency procedures is established.
• Health and Safety law poster is displayed.

 

Hazards and Risk Assessing

Possible targets to plan for:

Health & Safety hazards have been identified        

• Local authority guidance has been made available to staff via SchoolsWeb access.
• School inspection reports have been completed and hazards identified.
• Incident investigation reports have been completed and hazards identified.
• Health and Safety committee reports have been reviewed.
• Competent advice has been sought to help identify hazards.

Risk assessments are completed       

• Risk assessments requiring completion have been identified.
• Persons responsible for completing risk assessments have been identified and provided with learning/development.
• Premises related risk assessments have been completed (e.g., building, playgrounds, kitchen etc).
• Job based risk assessments have been completed signed and dated and communicated to those which they relate.
• Curriculum related risk assessments have been completed (e.g., Design and technology).

Risk assessments are reviewed         

• Risk assessments are reviewed when significant change occurs (e.g., accident or incident, procedural change etc).
• Risk assessments are reviewed according to the review date (e.g., annual rolling programme of reviews).

Risk register is populated and reviewed      

• Risk register owner is identified and named.
• Risk register is completed with significant risks requiring action being identified in risk order.
• Risk register is reviewed by committee every term to determine if actions have been taken.
• Risk register is updated every term by risk register owner to reflect actions taken.

 

Risk Control

Possible targets to plan for:

Premises control measures are implemented        

• Fire safety management strategy.
• Asbestos register on-site and asbestos management plan.
• Legionella written scheme of control and testing.
• Play equipment inspected and maintained.
• Building maintained in state of good repair/good housekeeping.
• Grounds and trees well maintained and inspected.
• Parking and vehicles controlled on-site.
• Kitchen (food hygiene, catering facilities) and registered if applicable.

People control measures are implemented  

• Special Education Needs pupils identified, and control measures implemented.
• Handling/lifting of children/loads eliminated/minimized.
• Infection control procedures if warranted.
• Personal safety/security (lone working, violence/aggression).
• Working at height (teachers and site staff).
• DSE (Display Screen Equipment) (workstation assessments).

Non-curriculum control measures are implemented        

• Contractors hiring, competency and management procedures.
• Construction management procedures.
• Substance’s identification and control.
• Event management (school plays, parent’s evenings etc).
• Breakfast clubs/extended services.

Curriculum control measures are implemented     

• Classroom (primary).
• Design and Technology according to CLEAPSS and BS 4163 good practice.
• PE according to AFPE good practice.
• Textiles according to CLEAPSS good practice.
• Food technology.
• Chemistry according to CLEAPSS.

Emergency procedures are in place   

• First aid equipment, personnel, and procedures.
• Administration of medicines policy and procedures.
• Fire emergency plan and procedures.

 

Monitoring and Review   

Possible targets to plan for:

Incident reporting procedures are developed        

• Councils on-line AssessNet reporting system is utilised.
• Reporting procedures made known to staff at induction.
• Incident statistics are reviewed by Head/Committee.   

Investigation procedures are developed      

• Person/s nominated to undertake accident/incident investigations.
• Incident reports are produced and reviewed by Headteacher and Governors.
• Remedial action agreed and planned, as necessary.

Inspections are regularly completed  

• Inspection regime procedures developed and implemented.
• Inspections formally recorded and report reviewed by Head/committee.
• Remedial action agreed and planned, as necessary.

Review of Health & Safety management is completed     

• Review procedures developed and implemented.
• Review checklist developed.
• Review report developed to be considered by committee.
• Governing Body to be provided with review report on annual basis or at an agreed interim.
• Remedial action agreed and planned, as necessary.