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Health and safety (statutory)

Health and safety (statutory)

Applies to

Maintained Schools, Academies, Free Schools, Independent Schools (Applies to Local Authorities on behalf of Maintained Schools) 

Background

Health and Safety in schools is governed by health and safety legislation and associated regulations that are enforced by the Health and Safety Executive (HSE).

In community schools, community special schools and voluntary controlled schools statutory health and safety responsibilities fall on the Local Authority (as the employer) and on the Headteacher and staff (as employees).  The Governing board, as the management body, should ensure that school staff and premises comply with the Local Authority’s health and safety policy and practices.  The governing board, having control of the premises, must take reasonable steps to make sure that the buildings, equipment and materials are safe and do not put the health of persons at risk whilst they are on the premises.

In academies, independent schools, foundation schools, foundation special schools and voluntary aided schools, statutory health and safety responsibilities fall on the Governing board (as the employer) and on the Headteacher and staff (as employees).

Approval

Employer free to determine how to implement.

Review frequency

Governing board / local authority / proprietor free to determine (recommended annually)

Local Guidance

Health and Safety area of SchoolsWeb

DfE Guidance

Departmental health and safety advice for schools

Health and safety checklist for classrooms

Legislation

The Health and Safety at Work Act 1974: Sections 2(3), 3 and 4

The Management of Health and Safety at Work Regulations 1999: SI 1999/3242

The 1999 Regulations impose a duty on employers to produce a risk assessment:
The Education (Independent School Standards) Regulations 2010

It is recommended that this information should be published on the School’s website.

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