1 / 66

HEALTH AND SAFETY AT WORK ACT 1974

HEALTH AND SAFETY AT WORK ACT 1974. Produced as part of the Partnership Development Schools (PDS) Strategy Phase 3 2008-09 (Lead PDS: The Park Community School. Contact Chris Ley (cley@parkcommunity.devon.sch.uk). DUTIES OF SCHOOLS. Produce a health and safety policy

Ava
Télécharger la présentation

HEALTH AND SAFETY AT WORK ACT 1974

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. HEALTH AND SAFETY AT WORK ACT 1974 Produced as part of the Partnership Development Schools (PDS) Strategy Phase 3 2008-09 (Lead PDS: The Park Community School. Contact Chris Ley (cley@parkcommunity.devon.sch.uk)

  2. DUTIES OF SCHOOLS Produce a health and safety policy Appoint a health and safety officer (this may be head) Provide facilities for union health and safety representatives Assess risks identified and reported, and act accordingly

  3. general law and aims responsibilities of LEA, Governors and head names of H&S Officer and representatives duties of teachers and other staff expectations of pupils emergency procedures security issues accident reporting and recording procedures school visits intruders and assaults medical facilities and arrangements monitor and review SCHOOL HEALTH AND SAFETY POLICY

  4. DUTIES OF EMPLOYEES To take reasonable care for their own safety for the safety of others Co-operate with those who have duties under the Act Unlawful to misuse anything provided for the purposes of health or safety

  5. DUTIES OF TEACHERS Duty of care and duties under Act correspond Must be familiar with the school’s Health and Safety policy

  6. DUTY OF CARE Statutory - by legislation Contractual - by contract Pastoral - inherent in the role of teacher

  7. “REASONABLE” NO firm definition Each case would be assessed to see if teacher was negligent

  8. NEGLIGENCE An action which could reasonably have been expected to contribute, directly or indirectly, to causing harm to a pupil A failure to take action to prevent reasonably foreseeable harm to a pupil

  9. Continuous risk assessment RECOGNITION OF RISK

  10. EXERCISING THE DUTY OF CARE Recognition of risk Removal of hazards animate hazards (children) inanimate hazards (things) Clear warning of danger

  11. DUTY OF CARE OFF-SITE

  12. DUTY OF CARE OFF-SITE Contractual duties of care same on-site and off-site Higher duty of care where greater level of risk Still applies when shared with activity instructor (overarching duty of care)

  13. HAZARDS Four children lost when swept out to sea at Land’s End Four children died when they slipped over a precipice in Austria Three children and a teacher died when Greek ferry sank Four sixth form pupils drowned on canoeing trip off Lyme Regis Twelve children and teacher died when minibus crashed on M40 Pupil raped and murdered in French hostel

  14. “R.O.S.E.” Research Organisation Supervision Enjoyment

  15. Break from routine New and exciting environment Challenging activities Learning new skills ENJOYMENT

  16. RESEARCH Suitability of activity age sex aptitude special needs educational value

  17. Level of supervision required age, sex, special needs level of risk in activity qualification and/or training necessary RESEARCH

  18. RESEARCH Needs of pupils equipment training clothing

  19. Residential considerations fire safety exits appliances evacuation procedures availability and training of staff security keeping children in keeping intruders out RESEARCH

  20. RESEARCH Activities commercial licence quality of equipment training and number of staff first aid and emergency procedures

  21. RESEARCH Site and environmental assessment risk assessment advanced planning

  22. ORGANISATION Parents information for parents parental consent, inc. relevant medical information (especially allergies/Epipens) code of conduct passports, where appropriate

  23. ORGANISATION Insurance public liability third party liability personal accident to pupils, staff, helpers medical treatment emergency transport and accommodation cancellation/delay compensation loss/damage to luggage/equipment

  24. ORGANISATION Emergency procedures

  25. Transport Coach hire suitability seating insurance back-up ORGANISATION

  26. Transport School minibus maintenance tax insurance MOT road worthiness legal responsibilities of the driver seats and seat belts ORGANISATION

  27. Police clearance of helpers gender balance briefing of helpers SUPERVISION

  28. Delegation of responsibility helpers activity centre staff Nature of children SUPERVISION

  29. Break from routine New and exciting environment Challenging activities Learning new skills ENJOYMENT

  30. NO CONTRACTUAL OBLIGATION TO DO IT!

  31. ENSURING THE WELFARE OF CHILDREN

  32. InLoco Parentis(in the place of a parent) • Usually used to describe responsibilities of a teacher towards the pupil • Common law duty/responsibility towards pupils

  33. CHILDREN ACT 1989: Section3(5) States that a person who has care of a child, e.g. Headteacher, may do what is reasonable under all circumstances for the purpose of safeguarding or promoting the child's welfare

  34. CHILDREN ACT 1989: Section3(5) “A person who ………has a duty of care of the child, may ….do what is reasonable ….for the purpose of safeguarding or promoting the child’s welfare”

  35. WHAT IS “REASONABLE”? As in Conditions of Service, Duty of Care, this is not defined If teacher knows or suspects harm or neglect Designated teacher School is not an investigation agency

  36. DEPARTMENTAL GUIDELINES DfEE - Circular 10/95- “Protecting Children from Abuse” ‘Working Together to Safeguard Children’ – a guide to interagency working to safeguard and promote the welfare of children (1999)

  37. WHAT IS ABUSE? Physical abuse Physical neglect Emotional neglect Sexual abuse

  38. PHYSICAL ABUSE Actual injury - may involve: shaking, throwing, hitting, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child Likely injury Failure to prevent injury

  39. PHYSICAL NEGLECT Persistent or severe: inadequate clothing poor growth hunger/malnutrition

  40. EMOTIONAL NEGLECT Indicated by: excessive dependence attention seeking

  41. EMOTIONAL NEGLECT • Contributory factors: • Family may be suffering multiple disadvantages • Poverty: • children live in crowded or unsuitable accommodation • have poor diets • lack ready access to good educational and leisure opportunities

  42. Sexual Abuse Forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening

  43. SEXUAL ABUSE Physical signs Behaviour changes sexually provocative withdrawal

  44. PROTECTION OF EVIDENCE Care when asking questions listen not lead Recording of evidence Referring case Confidentiality

  45. ALLEGATIONS AGAINST TEACHERS Refer to Head (if against Head, to Chair of Governors) Three levels: evidence of serious abuse - child protection agencies evidence of inappropriate behaviour - local disciplinary procedures unfounded allegation

  46. Relationships With Pupils • Sexual Offences Amendment (2000) Act • Do not leave yourself vulnerable by: • being alone with pupils • give pupils lifts • accept or give gifts to pupils • send e mails or text messages • Immediately discourage and report any obvious crushes which are developing • COMMON SENSE – BE AWARE!

  47. FALSE ALLEGATIONS

  48. The use of force can lead to: disciplinary hearing investigation under child protection procedures criminal proceedings for assault civil proceedings for damages In order to be able to respond to such allegations: act only to prevent injury or damage know the school’s restraint policy act within the policy at all times COMPLAINTS

  49. RELATED MATTERS School Policies Child Protection Register Children with SEN

  50. PHYSICAL CONTACT WITH PUPILS

More Related