Ten things to know about health and safety in independent schools 

Health and Safety at Work Act 1974 

This Act places a duty on schools to ensure the health, safety, and welfare of their students and staff, so far as is reasonably practicable. This duty extends to all activities and environments under the school’s control, including classrooms, playgrounds, laboratories and school trips. The duty also extends beyond staff and pupils and will cover workers, contractors and others who come into contact with the school. 

Health and Safety Executive 

The Health and Safety Executive (HSE) is the primary regulatory body for enforcing workplace health and safety and is the body who investigates and prosecutes incidents at independent schools. Within the independent schools sector the governing body or the proprietor, has the legal responsibility and thus accountability for health and safety. 

Health and safety policy 

Every school is required to establish a comprehensive health and safety policy, outlining its approach to risk management, defining roles and responsibilities and its system for ongoing monitoring. The law requires that a competent person is appointed to help the school meet its health and safety duties. A competent person is someone with the necessary skills, knowledge and experience to give sensible advice about risk mitigation. 

Risk assessments 

Risk assessments play a pivotal role in identifying hazards, evaluating potential harm, and implementing measures to mitigate risks. These measures should be proportionate to the severity of potential harm and the likelihood of its occurrence. Schools may opt to eliminate certain activities, substitute them with safer alternatives, devise risk-reducing measures, or introduce safety protocols to enhance overall safety. 

Control of Substances Hazardous to Health (COSHH) 

Employers must manage exposure to hazardous substances in the workplace and ensure that employees and pupils receive proper training in handling such substances safely. This encompasses securely storing harmful materials and supplying suitable personal protective equipment (PPE). An unfortunate incident occurred when a school lab technician lost their fingers in an explosion. Upon investigation, the HSE fined the school trust as explosive substances were being prepared and stored on school premises, highlighting a failure to ensure the health and safety of both staff and student.

Fire safety 

Employers must conduct fire risk assessments and implement appropriate measures to prevent fires and protect employees in the event of a fire. This includes maintaining fire detection and alarm systems, providing fire extinguishers, and conducting regular fire drills. Some activities increase the risk of fire related incidents and risk assessments must take account of this. After an incident at a carol concert where a primary school pupil suffered life changing burns, the HSE’s investigation noted that the school had failed to take measures to account for the obvious risk associated with giving candles to children. 

Reporting requirements 

Employers are required to report work related deaths, injuries, diseases and certain dangerous occurrences. Further detail of what amounts to a reportable incident can be found on the HSE website and we can advise you on this if you are unsure. A work-related incident is one which arises out of or in connection with work. A reportable offence alerts the HSE to what has happened, it does not automatically mean there has been a breach of health and safety law. The HSE will decide whether an investigation is required and if during the investigation a breach is identified, that is when the HSE would consider prosecution. 

Emergency preparation 

In addition to addressing routine safety concerns, schools must also prepare for security incidents and emergencies. Health and safety emergency planning should encompass a wide array of potential scenarios, including but not limited to severe injuries, criminal activities, adverse weather conditions, and public health crises. A local authority was fined when a teacher was attacked by a student, as the HSE said the school had failed to provide a risk assessment for when students were violent. By proactively addressing these concerns, schools can ensure a safer and more secure environment for students, staff and visitors alike. 

Staff training 

Providing adequate health and safety training to teachers and staff is essential for promoting a culture of safety in schools. Training should cover topics such as emergency procedures, first aid, manual handling, and the safe use of equipment. Training should be provided on induction and regular refresher trainings should be provided to update staff on any new regulations or advice. 

Penalties for non-compliance 

Non-compliance with health and safety regulations can lead to significant consequences, including substantial fines and even imprisonment for individuals. Schools have been known to face fines amounting to tens of thousands of pounds for various breaches. For instance, in one case, a director was sentenced to eight months’ imprisonment for failing to adequately protect workers from asbestos exposure – a risk that many schools must diligently manage to ensure the safety of their staff and students. 

Our health and safety team is available to offer guidance on policy development and deliver training sessions to ensure your school meets compliance standards, thereby minimising the likelihood of incidents. Additionally, in the event of an incident, our team is equipped to provide advice, conduct investigations, and represent your interests should you face a health and safety prosecution. law. The HSE will decide whether an investigation is required and if during the investigation a breach is identified, that is when the HSE would consider prosecution.