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Unit 8 Health and Safety Legislation

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15. 10. 2012 Unit 8 1. 3 Identify sources of current guidance from planning healthy and safe environments and services. 1. 4 Explain how current health and safety legislation, policies and procedures are implemented in own work setting or service. Legislation/policy| Summary| Health and Safety at Work Act 1974| This act sets regulations and guidelines for all aspects of health and safety within the work place. The act is split into four parts, part one being the biggest and most in-depth…

Part I – Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the AtmosphereThis part itself is split in numerous sub categories covering general duties of the work place, employers, self employed, employees and manufacturers in upholding a safe working environment.

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The health and safety commission and executive, the setting up of this, their function and their powers. Health and safety regulations, the approval of codes of practice and the use of these in criminal proceedings. Enforcement of the act by inspectors, notices that can be given and powers of enforcement.

This first part also covers obtaining and disclosure of information, special provisions relating to agriculture, provisions as to offences, financial provisions and a miscellaneous and supplementary sub category that cover things such as the service of notices, civil liability and the application to crown and police. Part II – The Employment Medical Advisory ServiceThis part states the functions of, and the responsibilities for maintaining the service, the functions of the authority responsible for maintaining the service, fees and finances and the duty of the responsible authority to keep accounts and provide reports.

Part III – Building Regulations, and Amendment of Building (Scotland) Act 1959This part of the act covers approval of plans, power to make building regulations for inner London and amendments made to Building (Scotland) act 1959Part IV – Miscellaneous and GeneralThis part covers amendments to pre existing acts, provisions to interpretations of the act and regulations to be followed to do this and the extent and application of the Act. This is just a general break down of the contents but the basis of his Act is to provide a safe working environment for all. These guidelines are implemented in every aspect of the school, from risk assessments | Health and Safety (young persons) Regulations 1997| These regulations were bought into force to run alongside the health and Safety at Work Act 1974, they provide extra regulations and guide lines to protect children (still of school age) and young persons (not yet reached 18yrs old) within the work place. Every employer shall ensure that young persons employed by him are protected at work from any risks to their health or safety which are a consequence of their lack of experience, of absence of awareness of existing or potential risks or the fact that young persons have not yet fully matured. ‘ (Health and safety (young persons) regulations 1997)| Fire Precautions (workplace) Regulations 1997| This act sets out regulations and guidelines for fighting, detecting and preventing fires. Setting out emergency procedures, escape routes and emergency exits.

It also covers enforcement of the regulations, offences, prohibition and enforcement notices, enforcements orders and rights of appeal. Working within a school setting emergency procedure for a fire should be taken very seriously. All members of staff will be aware of evacuation procedures as will pupils and regular fire drills are run. Every classroom should have directions and clear instructions in case of a fire by the door and directions to the nearest emergency exit. | Care Standards Act 2000| The Care Standards Act 2000 aims to make sure that the care of vulnerable people, in different types of supported housing is properly regulated.

That care standards improve and to introduce consistency in the regulation of these services and there provision. The Act introduces a new, independent regulatory body for social care known as the National Care Standards Commission. The NCSC now monitors care homes on a national basis, they will no longer regulated by local inspection teams. This gives a general standard across the country that must be met with no local areas variations. Three of the standards in this Act offer guidance to those practitioners working with SEN children, standard 10 (health), standard 9 (equal opportunities and standard 10 (special needs). Control of Substances Hazardous to Health Regulations 1994 (COSHH)| COSHH requires employers to control substances that are hazardous to health. It gives guidelines on how to prevent or reduce workers exposure to hazardous substances by:finding out what the health hazards are;deciding how to prevent harm to health (risk assessment)providing control measures to reduce harm to health;making sure they are used ;keeping all control measures in good working order;providing information, instruction and training for employees and others;providing monitoring and health surveillance in appropriate cases;planning for emergencies.

This also applies in a school setting for staff and pupils, from substances used in technical lessons such as design technology to art materials to the simple glue stick used in nearly every classroom. The act suggests the best way to identify and control hazardous substances is to do a risk assessment. This can be done in 5 easy steps 1. Identify the hazards 2. Decide who might be harmed and how 3. Evaluate the risks and decide on precaution 4. Record your findings and implement them 5.

Review your assessment and update if necessaryRisk assessments are used regularly in school for all aspects of health and safety. | Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)| These regulations set out reporting structure for injuries, diseases and dangerous occurrences. It states what should be reported, when and how. ‘The Regulations are made under the Health and Safety at Work etc Act 1974 (HSW Act). They apply a single set of reporting requirements to all work activities in Great Britain and in the offshore oil and gas industry. (HSE, 2012)An accident book should be present in all places of work, so whenever necessary can be referred to. The Health and Safety Executive website http://www. hse. gov. uk offers a mass of up to date information along with printable reporting guidelines and guidelines of how to set out an accident book and what information needs to present in it. Within a school the accident book is kept with either the school nurse or in the school office. All incidents should be reported and where necessary be passed on to the relevant parties e. g.

Informing a parent of an accident a pupil has had or informing the caretaker someone has tripped on a loose bit of carpet.. | Health and Safety (First Aid) Regulations 1995| ‘The Health and Safety (First-Aid) Regulations 1981 apply to all workplaces in Great Britain, including those with less than five employees, and to the self employed. ’ (HSE, 2009)The regulations set out the essential aspect of first aid that employers must address. Once again http://www. hse. gov. uk offers up to date information and guidance to help employers provide the required level of first aid within a work place, rom first aid equipment needed in relation to the work environment, number of qualified first aiders ratio to staff and escalation procedures for a first aid incident, among many other things. These regulations fall under the Health and Safety at Work Act 1974 as do COSHH, RIDDOR, Health and Safety (young persons) Regulations 1997 and Fire precautions (workplace) Regulations 1997. They are all closely linked and have parts that work hand in hand with each of the others. All schools will have their own polices that cover these; sometimes they maybe separate policies but often are all in the schools health and safety policy. Food Handling Regulations 1995| The Food Safety (General Food Hygiene Regulations) 1995 set out basic food hygiene standards that apply across Europe. These affect the whole food chain – from the farm to the shop or the restaurant. All food preparation premises must be registered with the Local Authority; from there environmental health officers ensure that correct procedures and standards are being followed. And adhered to. Employees who handle food should be trained to an appropriate level of food hygiene awareness. Staff need to understand the principals of food safety, sanitation and the importance of personal hygiene.

This is applied in two areas within a school. Firstly the canteen where food is prepared for staff teachers and pupils alike but also in food technology lessons. Teachers within schools who are teaching these lessons need to be aware and trained to the appropriate levels to not only work with handling food but to also teach pupils the correct manner in which to handle food. | Personal Protection Equipment at Work Regulations 1995| These regulations give safety guidelines for Personal protection Equipment. PPE is equipment that will provide protection to the user against health or safety risks at work.

Many items are included in this such as safety helmets, gloves, eye protection, high-visibility clothing, safety footwear and safety harnesses. It also includes respiratory protective equipment (RPE). PPE equipment is used in schools mostly during practical lessons, the main item I am aware that is used is eye protection during lessons such as wood work and metal work; however PPE would be put in place for pupils and members of staff alike wherever a risk assessment deemed it necessary. | Children Act 1989| This act brings together most public and private law relating to children, young people and families.

It is the first time children with a disability have been included in an act all about children. The act covers children who are in need from birth to 18 years old. A child of compulsory school age can be placed under the supervision of the LEA under section 36 of the act if they are not being educated properly because of poor attendance. The aim of this is to strengthen and encourage parents in exercising their responsibility to their child. Two general duties which apply to children in need are detailed below; * To safeguard and promote their welfare. To promote wherever possible upbringing by their familiesThe act defines a child in need as follows; * He is unlikely to achieve or maintain a reasonable standard of health or development without the provision for him of services by the LEA. * His health or development is likely to be significantly impaired or further impaired without the provision for him of services. * He is disabled. The act also points out that the welfare of the child is the most important thing and courts and services should only ever act in the childs best interests. Also importantly, that children with disabilities are children first and the disability is second.

They should use the same service as children without a disability whenever possible. This is where inclusion comes in. Another piece of useful information is that this document outlawed physical punishment. | Children Act 2004| In 2004 a new section was added to the legislation of 1989, the government aim became that for every child, whatever their background or circumstance to have the support they need to; * Be Healthy * Stay safe * Enjoy and achieve * Make a positive contribution * Achieve economic wellbeingThis section is known as ‘Every Child Matters’ and is the frame work we base our practice on up until the current day. Health and Safety/Risk Assessment/First Aid (school policy)| The schools Health and Safety policy also covers risk assessment and first aid. In part A the policy begins with a policy statement;‘The school recognises its responsibility to promote a culture where H&S are discussed in an open and positive way to achieve improved standards and safe methods of work. It also recognises that the health and safety of the staff, students and visitors is its first duty. It continues in part B by setting out responsibilities for the governors, head teacher, health and safety co-ordinator, senior management, heads of department, all other employees and pupils. All staff will be aware of their responsibilities as it will be set out in their contracts and in their staff handbooks given to them at the commencement of their employment. The pupils are made aware of health and safety issue through school and classroom rules. Part C covers arrangements and detail on how the school ensures safety. This is split into sub categories; 1.

Accident/ Incident Recording/ Reporting 2. Asbestos 3. Contractors on Site 4. Consultation with employees 5. Competency 6. First Aid 7. General Maintenance Arrangements 8. Infectious Diseases 9. Medical Needs 10. Risk Assessments 11. Safeguarding 12. School Trips 13. Transport 14. Well being10. Risk assessment – assessment of any risk a situation may pose to any person within the school grounds, to be followed up by any necessary precautions and safe guarding needed. 6. First Aid – defines named first aiders, procedures following an accident and emergency procedures.

Recording accidents und the upkeep of first aid boxes and materials. | Child protection(school policy)| This policy opens by setting out its aims, these include;We will ensure arrangements are in place for… In order to protect our children, we aim to… Hall Green School will support all children by… It sets out the role of staff and other persons within the school setting, listening to children, supporting staff, the role of the designated senior person, reporting procedures, staff allegation, procedure, parents and careers, teaching and learning, training and visitors and volunteers.

All staff receives training on child protection and this is updated every three years. The policy itself is reviewed annually and updated accordingly where necessary. | Food policy (school policy)| The schools aim for this policy is – To ensure that all aspects of food and nutrition in school promote the health and well being of pupils, staff and visitors to the school. The policy sets out objectives, issues and actions to be followed to support this aim.

It also notes- sweets, crisps, fizzy drinks and similar snacks are not allowed on the school site or on school trips and visits and these products will not be used as regular rewards. The school council (executive committee) will monitor this aspect of the policy. | Child exit policy | There are two different aspect of a child exit policy the first relates to pupils leaving the school grounds at the end of the day.

As Hall Green is a secondary school pupils are not handed to parents at the end of the day however there are more than the average procedures followed as the school has a high level of pupils with specials needs and in excess of 40 pupils need to be escorted to specialised transport waiting for them in the school car park, this is usually the responsibility of the last teaching assistant to work with that pupil, they are allowed to leave the classroom five minutes before the bell goes to avoid the rush of pupils leaving.

There are always numerous members of staff on duty outside at home time ensuring pupils leave in a manner respectful to the local resident and the Head teacher is always present. The second aspect of the policy covers a child leaving the school for whatever reason, the school is fully inclusive and more than aware of the need for a child’s records to stay with them for the benefit of the child.

The school always endeavours where possible to forward any necessary documentation and records relating to a pupil promptly to smooth any transition the pupils is going through. | Reference list HSE (2012) Health and Safety (young persons) Regulations 1997 http://www. legislation. gov. uk/uksi/1997/135/made (accessed 10. 10. 12) HSE (2012) A guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. London, HSE Books HSE (2009) The Health and Safety (First-Aid) Regulations 1981 Approved Code of Practice and guidance. London, HSE Books

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Unit 8 Health and Safety Legislation. (2016, Nov 13). Retrieved from https://graduateway.com/unit-8-health-and-safety-legislation/

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