Health and safety
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Health and safety responsibilities
The Health and safety at work etc. act 1974 and associated regulations
places health and safety responsibilities on employers. This means that the
employer of school staff; either the LEA (for community, community special and
voluntary controlled schools) or the school's governing body (voluntary
aided, foundation and foundation special schools), is responsible for
ensuring the health and safety and welfare of school staff and the health and
safety of pupils and visitors, both in school and on school activities. The
employer is also responsible for risk assessments of activities and introducing
measures to control those risks.
The Health and safety executive is responsible for enforcing health and safety legislation and investigating alleged breaches. This includes health and safety in schools.
The DfES guide Health and safety responsibilities and powers provides further information on health and safety responsibilities in schools. TeacherNet's key elements of a health and safety policy itemises key points to consider when assessing your school's health and safety procedures.
Health and safety policy in schools
Employers are required to have a health and safety policy and to
ensure that their employees understand it. All schools must observe their
employer's health and safety policy and any directions given by them by
their employer in respect of health and safety. The head teacher will, in
practice, be responsible for enforcing the health and safety policy
day-to-day.
Schools may also add to this policy to take account of their own particular circumstances to ensure the health and safety of pupils whilst in school (e.g. in laboratories, studios and workshops, in physical education, or during break times) and on educational visits.
Duty of care
Head teachers and teachers are also generally acknowledged to have a
duty of care towards the pupils in their care. This duty of care does not
derive from legislation, but it is has been upheld in the English courts as a
duty which has derived from laws established through common use and case law
precedents.
Main text
Legislation
Key documents
Further information
