Responsibility for Health and Safety in Schools
Health and Safety at Work Law
Health and safety responsibilities derive from the Health and Safety at Work etc. Act 1974 and associated regulations. Health and safety legislation is enforced by the Health and Safety Executive (HSE).
Employer
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.
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For community schools, community special schools, voluntary controlled schools, maintained nursery schools and pupil referral units the employer is the local authority (LA).
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For foundation schools, foundation special schools and voluntary-aided schools, the employer is usually the governing body.
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For independent schools, the employer is usually the governing body or proprietor.
The LA is the employer for statutory youth groups. (Note: those in charge of non-statutory youth groups may also find this document useful).
Education employers have duties to ensure, so far as is reasonably practicable:
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the health, safety and welfare of teachers and other education staff
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the health and safety of pupils in-school and on off-site visits
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the health and safety of visitors to schools, and volunteers involved in any school activity.
Employees
Employees have responsibilities too. The Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 apply to them as well.
Employees must:
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take reasonable care of their own and others health and safety
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cooperate with their employers
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carry out activities in accordance with training and instructions
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inform the employer of any serious risks.
Enforcement
The HSE enforces health and safety law relating to the activities of LAs 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 employers policy or directions in respect of health and safety, the HSE may take action against the employee as well or instead.
Responsibility All Schools
The employer must have a health and safety policy and arrangements to implement it. The Health and Safety at Work etc. Act 1974 applies. Key elements of a health and safety policy are listed in the annex (note: this is not a comprehensive list).
Employers must assess the risks of all activities, introduce measures to manage those risks, and tell their employees about the measures. The Management of Health and Safety at Work Regulations 1999 apply.
In practice, employers may delegate specific health and safety tasks to individuals (LAs may delegate specific tasks to schools). 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.
Last updated: 14 July 2007
