GovWire

The basis of British health and safety law is theHealth and Safety at Work etc Act 1974 (HSWA). In education settings, this is regulated by the Health and Safety Executive (HSE).

Under theHSWA, employers have overall responsibility for the health and safety of employees, pupils and visitors in workplaces.

Other people also have duties under the HSWA. For example, anyone who has control of non-domestic premises (including schools) has some duties towards non-employees who use those premises.

All employers must provide welfare facilities and a working environment thats healthy and safe for everyone in the workplace, including those with disabilities.The Workplace (Health, Safety and Welfare) Regulations cover a wide range of basic health, safety and welfare issues and apply to most workplaces.

Further guidance is available from:

• HSE onthe responsibilities of school leaders
• HSE on workplace safety
• HSWA

Seek professional advice if youre unsure about your responsibilities.

Who is the employer in schools

The employer varies depending upon the type of school.

The local authority is the employer in:

• community and community special schools
• voluntary-controlled schools
• maintained nursery schools
• pupil referral units

The governing body is the employer in:

• foundation and foundation special schools
• voluntary-aided schools

The school proprietor (the academy trust, for academies and free schools) is the employer in:

• academies
• free schools
• other independent schools

Employer responsibilities

The HSWA requires employers to:

• ensure, so far as reasonably practicable, the health, safety and welfare of employees
• conduct their undertaking in a way that does not expose non-employees to risks to their health and safety

Maintenance plays an important part in complying with health and safety law. As an employer your duties include:

• safe provision and maintenance of plant and systems of work associated with them
• provision of information, instruction, training and supervision to ensure the health and safety at work of employees
• maintenance of a safe place of work including access and a safe working environment

The employer remains responsible for their HSWA duties. You cannot delegate your HSWA duties. You can delegate the management of specific functions, but that does not release you as an employer from a legal duty.

In schools, the management of health and safety on the estate is likely to be delegated by the employer to a designated person. This person should ensure that:

• the school meets statutory compliance across its estate
• competent persons are engaged to assist with compliance

Where the local authority or other responsible body is the employer, they may delegate roles and responsibilities to school staff, but they must undertake regular monitoring to ensure that local management arrangements are being implemented and are effective.

Premises responsibilities

The HSWA (section 4) requires those who have control of premises to ensure that the premises are safe and without risk to health. This includes people with obligations for maintenance, repairs or control of access. In schools, these duties often apply to multiple people.

Schools and academies also have duties under theOccupiers Liability Acttowards pupils, staff and visitors, to ensure that they will be reasonably safe when using the premises.

Roles, responsibilities and arrangements for estate health and safety should be clearly set out within the schools health and safety policy.

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