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Responsibilities

Employers

The Health and Safety at Work etc. Act 1974 places overall responsibility for health and safety with the employer. 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
  • The health and safety of visitors to schools, and volunteers involved in any school activity

The employer must also:

  • Have a health and safety policy and arrangements to implement it
  • Assess the risks of all activities (see Health and Safety/Risk Assessment), 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 (LEAs may delegate specific tasks to schools) but the employer retains the ultimate responsibility no matter who carries out the tasks.

All schools should comply with any direction given to them in respect of health and safety.

Staff

Employees also have responsibilities under health and safety law and must:

  • Take reasonable care of their own and others'
  • health and safety
  • Cooperate with their employers
  • Carry out activities with training and instructions
  • Inform the employer of any serious risks

Pupils and visitors

Pupils and visitors must not intentionally or recklessly interfere with or misuse anything required by law to be provided in the interests of health and safety.

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The advice contained on this site should not be taken as an authoritative interpretation of the law.
That is a matter for the courts.