H&S Policy 2021 The Mill Primary Academy Health and Safety Policy Version: 4 Last reviewed: January 2021 Next review: January 2024 (Subject to annual/interim SLT review) H&S Policy 2021 Contents PART A. STATEMENT OF HEALTH AND SAFETY ............................................. 1 PART B. ORGANISATION OF HEALTH, SAFETY AND WELFARE .............................. 2 1. The Kemnal Academies Trust Board of Directors.....................................................................2 2. TKAT Senior Leadership Team........................................................................................3 3.The Local Governing Body …………………………………………………………………..3 4.Academy Headteachers............................................................................................................4 5. Employer Appointed Competent Person (appointed by TKAT Board).......................................5 6. Fire Safety Officer (appointed by the LGB) ..............................................................................6 7. First Aid Co-ordinator (appointed by the Headteacher).............................................................6 8. Radiation Protection Supervisor (where applicable) (appointed by the Headteacher)..................7 9. Asbestos Manager (where applicable) (appointed by the Headteacher)....................................7 11. Education Visits Co-ordinator (appointed by the Headteacher) ................................................9 12. Work Experience Co-ordinator (where applicable) (appointed by the Headteacher)...................10 13. Trade Union Health and Safety Representatives and Representatives of Employee Safety (appointed by a Trades Union, or elected by the workforce).............................................10 14. All employees with management or staff supervisory responsibilities....................................11 15. All employees with teaching or pupil supervisory responsibilities..........................................12 16. All Employees (including Temporary Employees)................................................................13 17. Pupils...............................................................................................................................14 PART C. ARRANGEMENTS FOR HEALTH, SAFETY AND WELFARE ..........................15 1. Accidents, incidents and infectious diseases............................................................................15 2. Accountability/Responsibility................................................................................................16 3. Animals...............................................................................................................................17 4.Asbestos management..........................................................................................................17 5. Audits and inspections..........................................................................................................19 6. Confined spaces ..................................................................................................................19 7. Consultation ........................................................................................................................20 8. Contractors..........................................................................................................................21 © The Kemnal Academies Trust 2021 H&S Policy 2021 9. Control of substances hazardous to health (Including biological agents)................................22 10. Dangerous substances and explosive atmospheres ................................................................22 11. Driving .............................................................................................................................23 12. Educational visits...............................................................................................................24 13. Electricity.........................................................................................................................25 14. Emergency planning and procedures....................................................................................26 15. Equipment at Work ...........................................................................................................26 16. Fire and evacuation ...........................................................................................................30 17. First Aid ..........................................................................................................................31 18. Gas safety.........................................................................................................................31 19. Health and hygiene............................................................................................................32 20. Hot Works.........................................................................................................................32 21. Legionella..........................................................................................................................33 22. Letting facilities ................................................................................................................33 23. Lone working ...................................................................................................................34 24. Major Incidents.................................................................................................................34 25. Managing health and safety ...............................................................................................34 26. Manual handling ...............................................................................................................35 27. Noise and vibration at work ...............................................................................................35 28. Occupational health...........................................................................................................36 29. Personal Injury .................................................................................................................37 30. Premises............................................................................................................................37 31. Radiation (ionising and non-ionising)...................................................................................38 32. Recording and reporting arrangements................................................................................39 33. Resolving Disagreements...................................................................................................39 34. Risk assessment.................................................................................................................40 35. Safe systems of work ........................................................................................................40 36. Security ...........................................................................................................................41 37. Slips and trips....................................................................................................................41 © The Kemnal Academies Trust 2021 H&S Policy 2021 38. Stress management............................................................................................................42 39. Supervision at work...........................................................................................................42 40. Training and information ...................................................................................................43 41. Transport and vehicle management .....................................................................................44 42. Violence at work ...............................................................................................................45 43. Welfare..............................................................................................................................45 44. Work experience safety......................................................................................................46 45. Working at height...............................................................................................................46 © The Kemnal Academies Trust 2021 21/01/2021 25/01/2021 H&S Policy 2021 PART B.ORGANISATION OF HEALTH, SAFETY AND WELFARE In order to ensure that health and safety issues are dealt with in accordance with each establishment’s health, safety and welfare needs, the following organisational framework has been adopted by The Kemnal Academies Trust (TKAT) Board of Directors. COMPETENCE At all levels, those persons appointing a Trust employee to any role have a duty to ensure that the employee is, in all respects, ‘competent’ in undertaking the specific health and safety responsibilities and duties required of that role. ‘Competence’ can be defined as the combination of training, skills, experience and knowledge that a person has and their ability to apply them to perform their duties safely. TRAINING All TKAT employees are to be provided with such health and safety training, instruction, information or supervision as is as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of employees and others. This means that if a TKAT employee is required to carry out a task, or duty, that has a health and safety implication for themselves, or another person, they must be provided appropriate health and safety training prior to commencement of that task, or duty. GENERAL ACCOUNTABILITY All TKAT Local Governing Bodies and individual Governors are accountable to the TKAT Board of Directors for their actions and omissions in respect of Health and Safety matters that are detailed in this Policy in regard to the requirements of the current Scheme of Delegation. All TKAT employees are accountable to their respective Headteacher or Line Manager for their actions and omissions in respect of Health and Safety matters. A failure to comply with any current health and safety legislation, or a breach of this Policy, is regarded as a disciplinary matter by the Trust and such matters are to be dealt with under the TKAT Disciplinary Policy. 1. The Kemnal Academies Trust Board of Directors a. The Trust Board of Directors (comprising; Chairman, CEO, Vice-Chair, Non Executive Diocesan Director, Non-Executive Directors) will establish arrangements for ensuring the requirements of this Policy and relevant legislation are properly implemented and that the Policy remains effective and appropriate. b. The Trust Board of Directors will specify arrangements for the purposes of asbestos management for the Trust, as set out in Regulation 4(1) of the Control of Asbestos Regulations 2012. c. The Trust Board of Directors and academy Local Governing Bodies will comply with any directions provided for in the arrangements concerning the health and safety of persons on TKAT or academy premises, or taking part in academy activities elsewhere. d. Health & Safety will be a standing item on every Trust Board of Directors agenda. e. The Trust Board of Directors shall arrange for competent health and safety assistance through the appointment of a “competent person” and provide access for academy Governors and all TKAT employees to such assistance. Contact details of the Employer Appointed Competent Person will be published in this Policy document. The Trust Board of Directors shall make arrangements for ensuring adequate co-operation with the “competent person”. f. The Board shall make arrangements for the scrutiny of this Policy by the Audit and Risk Committee, as provided to them from the annual/necessary SLT review. Where the Audit and Risk Committee determine that changes are required that warrant the full approval of the Board they shall make their recommendations to the Board regarding such approval. Page 2 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 g. In any event, the Board will review and approve the policy at least every three years. h. As the employer the Trust Board of Directors reserves the right to conduct periodic health and safety audits and inspections of all academies in the Trust. i. The Trust Board of Directors will establish Regional Health and Safety Committees in order to consult with employees on health and safety matters. j. As a result of audit, inspection, or concern/s raised with the Trust Board of Directors, TKAT reserves the right to direct health and safety improvements to local Policy, organisation and arrangements that are non-compliant with legislation or fail to support the requirements of this Policy. 2. TKAT Senior Leadership Team a. The TKAT Senior Leadership Team is to oversee an annual, or necessary, interim scrutiny of this Policy by the Employer Appointed Competent Person in order to ensure that any legislative changes, or other applicable changes, are identified. Where changes are required, the resulting Policy review is to be presented to the Audit and Risk Committee for their consideration and referred to the TKAT Board for approval. 3. The Local Governing Body a. The Local Governing Body of each academy has a duty to scrutinise and challenge health and safety matters at a local level. In particular, the LGB should satisfy itself that there are robust arrangements in place for: ● the effective management of asbestos containing materials, where they are present on the premises, including; o the commissioning of appropriate asbestos surveys; o the maintenance of statutory documents; o emergency arrangements for discovery, disturbance, or damage of asbestos on the premises; ● the effective evacuation of premises in the event of a fire; ● the upkeep of the Single Central Register for Disclosure and Barring Service (DBS) checks; ● the appointment and management of contractors, including reference and accreditation checks, and that the Headteacher, or delegated person, is fulfilling the duties of the ‘client’ in works that fall under The Construction (Design and Management) Regulations 2015. b. The scheme of delegation makes clear that Local Governing Bodies have certain responsibilities for health and safety in their academy. The Local Governing Body of each academy has a duty to comply with the requirements of the current Scheme of Delegation and in particular the responsibility to ensure the academy adheres to its legal obligations. c. The Local Governing Body of each academy is to appoint a Governor with a particular focus on health and safety. Health and safety should be represented at Local Governing Body level whether that be as a standing item on an appropriate Committee meeting agenda, or as a standing item on the full Governing Body meeting agenda. d. The Local Governing Body of each academy is to appoint a Fire Safety Officer for the academy who will be designated as the ‘responsible person’ for fire safety. This person must be ‘competent’ to carry out the role and have sufficient authority and powers to be able to perform the role properly and must be a staff member of the academy e. The Local Governing Body of each academy is required to ensure that a Policy to cover the needs of children who have additional health needs and may require medicines, adaptations or support to keep well, is developed and implemented. The Policy must address emergency procedures, training, supervision, record keeping, storage and disposal, and must establish a named staff member to coordinate health care needs and to link with parents. Page 3 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 f. The Local Governing body has a delegated duty to establish and review additional local Policy, organisation and arrangements of particular health and safety matters. The content of all local policies, organisations and arrangements must comply with the whole TKAT Health and Safety Policy. These local policies, organisations and arrangements must include, as a minimum, provision for: ● Fire and evacuation Policy and Emergency Evacuation Plan. ● Emergency resilience/continuity plans and procedures, including; a Business Continuity Plan, a Lockdown Procedure, an Emergency Management Cover protocol for holiday periods. ● First aid Policy and arrangements. ● Lone Working Policy and arrangements. ● Violence at Work Policy and arrangements. ● Lettings and Hiring of Services and Equipment Policy and arrangements (if applicable). g. The Local Governing Body of each academy must establish measures for the local implementation of this Health and Safety Policy, organisation and arrangements, with regard to, but not limited to: ● Housekeeping and safe disposal of waste. ● Occupational health provision. ● Educational visits and transport. ● Work experience (if applicable). ● Local rules regarding radiation (if applicable). H&S Governor Name: Caroline Hayward 4. Academy Headteachers a. Overall responsibility for the day to day management of health and safety in each academy rests with the Headteacher, or the person delegated in an acting role as Headteacher (for the avoidance of doubt, where there is an Executive Headteacher and a Headteacher/Head of School, the specific person is to be designated to take full responsibility on health and safety matters). Matters requiring particular consideration by the Headteacher will include: ● making sure that, so far as is reasonably practicable, no one can come to any harm from asbestos on academy premises; ● where appropriate, the appointment of a, person with the competence and capacity to complete and fulfil all the duties of the Asbestos Manager in the academy; ● making arrangements for appropriate emergency management cover out of hours and during holiday periods and communicating such arrangements to relevant employees and the Trust; ● formulating and reviewing the detailed local arrangements for action to be taken in an emergency (including unplanned damage, disturbance or discovery of asbestos containing materials) and ensuring that all involved are informed of the arrangements; ● ensuring there is an adequate system in place for the completion and review of suitable and sufficient risk assessments; ● ensuring that health, safety and welfare is managed effectively using the tools and resources provided by the Trust for that purpose, following the principles of ‘Plan, Do, Check, Act’ as contained in HSG 65 Managing for health and safety; ● ensuring that an academy Health and Safety Action Plan is created, or where it is already established, updated on a regular basis as a ‘living’ document, where relevant action points are added from any health and safety audits, inspections, or related surveys or assessments. Page 4 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ● ensuring adequate staffing levels for safe supervision of pupils and staff, both while at the academy and for any external activities; ● ensuring that facilities are safe to use when allocating teaching group sizes, particularly in respect of practical activities; ● ensuring that the correct procedure is followed for the reporting, recording, investigation and follow-up of accidents, incidents and near misses, including the reporting of matters as required under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). ● ensuring that when a personal injury claim is made against an academy, or the Trust, or against an employee in relation to their TKAT employment, the intent to claim is made known to the Head of Estates, Risk & Safety at the earliest opportunity; ● ensuring that arrangements are in place for local consultation with Trades Unions Health & Safety Representatives and Representatives of Employee Safety and the communication of appropriate health and safety information to stakeholders; ● arranging for three evacuation drills, each to be completed between September to December, January to April and April to July respectively; ● ensuring that a minimum of three internal health and safety audits/inspections are performed evenly throughout the academic year and the results are reported to employees, or their representatives; ● where works are commissioned by the academy, ensuring that the arrangements for the appointment of competent contractors, including accreditation where appropriate, are in place and complying with the duties imposed under The Construction Design and Management Regulations 2015, as the Headteacher is designated as the ’client’ in respect of those duties; ● appointment of a ‘competent’ person to coordinate first aid matters in the academy; ● if a source of ionising radiation is held on academy premises, the appointment of a ‘competent’ Radiation Protection Supervisor to carry out radiation protection duties in the academy; ● appointment of a ‘competent’ person to manage legionella on the premises; ● the provision of adequate health and safety training, information and supervision for all TKAT employees working in the academy and specific specialised and/or health and safety management training for those employees with health and safety related/management roles; ● ensuring that all TKAT employees working in the academy, complete such health and safety related training, as provided to them by either by the Trust, or the academy, in a time as directed; ● the provision of periodic health and safety reports to Governors and TKAT. 5. Employer Appointed Competent Person (appointed by TKAT Board) a. The TKAT Head of Estates, Risk & Safety will carry out the duties and responsibilities as the ‘Appointed Competent Person’, responsible for providing advice and assistance to the Trust. b. In addition, the TKAT Head of Estates, Risk & Safety will provide health and safety advice and support to all academy Governors and TKAT employees. c. The TKAT Head of Estates, Risk & Safety will complete mandatory registration of the Trust to enforcement bodies, where appropriate. d. The TKAT Head of Estates, Risk & Safety will complete Health and Safety Returns on behalf of the Trust to the Education and Skills Funding agency (ESFA) and other agencies, where appropriate. Page 5 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 Named Appointed Person Paul Roberts E:paul.roberts@tkat.org Telephone Contact T: 020 3740 1808 M: 07702996166 Emergency out of hours M: 07702996166 (Note: The following named roles are to be appointed where appropriate) 6. Fire Safety Officer (appointed by the LGB) a. The appointed person will be the ‘responsible person’ who has the authority and powers of sanction to ensure that standards of fire safety in the academy are maintained. b. The ‘responsible person’ is to take particular account of Part C, Sections 2, 10, 14, 16, 20, 24, 35 and 39 of this Policy. c. The main duties of the responsible person include, but are not limited to: ● managing the academy to minimise the incidence of fire (fire prevention); e.g. good housekeeping and security; ● implementing the TKAT Publicly Available Specification 7 (PAS 7) Fire Risk Management system in the academy; ● ensuring that a current, suitable and sufficient, Publicly Available Specification 79 (PAS 79) compliant fire risk assessment has been carried out, or reviewed, on the academy; ● appointing a ‘competent’ fire risk assessor for the renewal of the Fire Risk Assessment, in accordance with the Fire Risk Assessment Competency Council document, ‘A guide to Choosing a Competent Fire Risk Assessor’ ● producing, or reviewing, a current Emergency Fire Plan, inclusive of a Fire Evacuation Plan; ● ensuring that all fire safety related documents are maintained, up to date and, where required by the Trust, uploaded into the appropriate location on the ‘Every’ management system, or any other management system provided by the Trust for that purpose; ● ensuring that all persons entering academy premises have had induction training on emergency evacuation procedure in the event of a fire; ● ensuring that all TKAT staff have received adequate fire and evacuation training consistent with their role; ● checking the adequacy of fire-fighting equipment and ensuring its regular maintenance; ● ensuring fire escape routes and fire exit doors/passageways are kept unobstructed and doors operate correctly; ● ensuring that fire detection and protection systems are maintained and tested and proper records are kept; ● ensuring any close down procedures are followed; ● establishing and maintaining effective communication with the local fire authority and providing the required information and assistance to a fire authority to allow for effective discharge of their duties. Named Appointed Person Name: Alex Chalmers E: alex.chalmers@themill-tkat.org Telephone Contact T: 01293 265540 M: 07825 887258 Emergency out of hours M: 07825 887258 7. First Aid Co-ordinator (appointed by the Headteacher) a. Responsibility for the management of situations in the academy relating to injured or ill persons who need medical assistance rests with the First Aid Coordinator. b. The First Aid Co-ordinator is to take particular account of Part C, Sections 1, 2, 17, 31 and 39 of this Policy. Page 6 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 c. The First Aid Co-ordinator is also required to take charge of the equipment and facilities provided for first aid in the academy and in addition ensure that: ● first aid facilities are maintained in a proper effective condition; ● first aid boxes are checked and the contents maintained in a suitable condition. Named Appointed Person Name: Emma Davey Telephone Contact T: 01293 533198 8. Radiation Protection Supervisor (where applicable) (appointed by the Headteacher) a. The appointed person has the authority and powers of sanction to ensure that standards of radiation protection are maintained locally. b. The Radiation Protection Supervisor is to take particular account of Part C, Sections 2, 30 and 39 of this Policy. c. The main duties of the Radiation Protection Supervisor include: ● establishing the local rules with the assistance of the appointed Radiation Protection Advisor, on behalf of the radiation employer, and adhering to such rules; ● supervising sources of ionising radiation on the site, including effective security and protection; ● implementing such monitoring measures as are necessary to provide sufficient monitoring of radiation exposure; ● completing suitable and sufficient risk assessments of activities, in relation to the use of sources of ionising radiation, and ensure effective control measures are in place prior to activities being undertaken; ● ensuring that provisions specific to the protection of women and young people are in place and strictly adhered to; ● producing a Radiation Emergency Plan and liaising with the Fire Safety Officer on the provision of information for emergency services in the event of an emergency; ● ensuring that their knowledge of core competency in radiation protection is maintained and keeping abreast of any changes to relevant legislation, codes of practice, or guidance; ● knowing how to access help and advice from the appointed Radiation Protection Advisor and other appropriate sources, e.g. Health and Safety Executive (HSE), etc. Named Appointed Person Name: N/A Telephone Contact T: 9. Asbestos Manager (where applicable) (appointed by the Headteacher) a. The Asbestos Manager is responsible to the Headteacher for ensuring local compliance with all asbestos related legislation and the management of asbestos within the premises. b. The Asbestos Manager is to take particular account of Part C, Sections 2, 4, 8, 31 and 39 of this Policy. c. The main duties of the Asbestos Manager include: ● the day-to-day requirement to inform relevant staff and contractors of the location, extent and condition of asbestos on the premises and to ensure that the asbestos register is readily available on the premises in hard copy at all times; ● a duty to arrange for the safe control, survey, repair, maintenance, or removal of Asbestos Containing Material (ACM) in the affected area in Page 7 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 the event of unplanned damage or disturbance of known, or newly discovered ACM, in accordance with Approved Code of Practice (ACoP), L143 (Second edition) Managing and working with asbestos and HSG264 (Second edition) Asbestos: The survey guide; ● a duty to arrange for the safe removal of asbestos containing material as the endorsed option where it is reasonably practicable to do so and to advise on the appointment of competent contractors to carry out such works; ● a duty to inspect, or to arrange for the regular inspection of, asbestos containing materials, as required by the asbestos management plan; ● a duty to ensure that suitable and sufficient asbestos training and information is provided to all staff and that suitable and effective Personal Protective Equipment is provided where required; ● a duty to ensure that a valid Asbestos Management Survey has been completed without delay by a United Kingdom Accreditation Service (UKAS) accredited surveyor on any part of the premises that was built before 2000; ● a duty to maintain records and to review and update the Asbestos Register annually, or as a result of any changes; ● a duty to maintain the local Asbestos Management Plan and review it annually, or when any changes have occurred; ● ensuring that all asbestos related documents, where required by the Trust, are uploaded into the appropriate location on the ‘Every’ management system, or any other management system provided by the Trust for that purpose; ● a duty to ensure that an appropriate asbestos refurbishment and/or demolition (R&D) survey is completed prior to any refurbishment, or demolition works on the premises; ● a duty to maintain emergency arrangements for the evacuation of affected areas in the event of unplanned damage or disturbance of known or newly discovered ACM; ● a duty to maintain personal competence by ensuring familiarity with any changes to relevant legislation, Approved Codes of Practice (ACoP), or Guidance and bringing to the attention of the Headteacher any additional or refresher training required. Named Appointed Person Name: Alex Chalmers Telephone Contact T: 07825 887258 10. Legionella Manager (appointed by the Headteacher) a. The Legionella Manager is responsible to the Headteacher for ensuring local compliance with all legionella related legislation and the management of legionella within the premises. b. The Legionella Manager is to take particular account of Part C, Sections 2, 9, 21, 31 and 39 of this Policy. c. The main duties of the Legionella Manager include: ● complying with the requirements of legislation and the ACoP L8 Legionnaires' disease. The control of legionella bacteria in water systems ,in respect of the management of the operational procedures that are to be carried out in a timely and effective manner; ● ensuring that a suitable and sufficient assessment is carried out by a competent person to identify and assess the risk of exposure to legionella bacteria from work activities and water systems on the premises and any precautionary measures needed; Page 8 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ● ensuring that the assessment is reviewed periodically by a competent person, as required by the assessment, but in all cases at least every two years; ● ensuring that the risk assessment identifies and evaluates potential sources of risk and the particular means of preventing exposure to legionella bacteria; or if prevention is not reasonably practicable, the particular means of controlling the risk from exposure to legionella bacteria; ● where the assessment demonstrates there is a reasonably foreseeable risk, or that risks are likely to increase, to arrange for the regular review of the and specifically when there is reason to believe that the original risk assessment may no longer be valid, including the review of the management and communication procedures; ● ensuring that where the assessment shows that there is a reasonably foreseeable risk of exposure to legionella bacteria, the use of water systems, parts of water systems or systems of work that lead to exposure must be avoided so far as is reasonably practicable. Where this is not reasonably practicable, ensuring that there is a written scheme for controlling the risk from exposure that is properly implemented and managed. The written scheme should specify measures to take to ensure that it remains effective; ● ensuring that the risk from exposure is normally controlled by measures which do not allow the growth of legionella bacteria in the system and which reduce exposure to water droplets and aerosols; ● ensuring that precautions remain effective, including monitoring the condition and performance of the system. The overseeing and management of this, or where appropriate, the management of an external contractor or an independent third party; ● ensuring that records include details about; the appointed responsible person for conducting the risk assessment, managing, and implementing the written scheme, any significant findings of the risk assessment, the written scheme and its implementation details about the state of operation of the water system, the results of any monitoring inspection, test or check carried out, and the dates. Records should be retained throughout the period they are current and for at least two years afterwards. Records of any monitoring inspection, test or check carried out, and the dates, must be retained for at least five years; ● ensuring that all legionella related documents, where required by the Trust, are uploaded into the appropriate location on the ‘Every’ management system, or any other management system provided by the Trust for that purpose; Named Appointed Person Name: Alex Chalmers Telephone Contact T: 07825 887258 11. Education Visits Co-ordinator (appointed by the Headteacher) a. The Educational Visits Co-ordinator is responsible to the Headteacher for ensuring that the academy procedures for educational visits are implemented. b. The Educational Visits Co-ordinator is to take particular account of Part C, Sections 2, 11, 12, 31, 33, 38, 39 and 40 of this Policy. c. The main duties of the Educational Visits Co-ordinator include; ● responsibility to ensure that all educational visits comply with Trust and academy regulations in every respect; ● ensuring that off-site activities are properly planned and supervised and that the pupils’ safety is paramount; Page 9 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ● responsibility for checking competency of all supervising staff and volunteers; ● ensuring that the careful planning and preparation of the school trip includes a suitable and sufficient assessment of the risks and benefits of all activities; ● providing full written risk assessments for all overseas or high risk adventurous educational visits to the TKAT Head of Estates, Risk & Safety for scrutiny at least one month before the visit is due to commence. Named Appointed Person Name: Steve Hand Telephone Contact T: 01293 533198 12. Work Experience Co-ordinator (where applicable) (appointed by the Headteacher) a. The Work Experience Co-ordinator is responsible to the Headteacher for the provision of safe work experience placements. This includes liaising with any external bodies appointed to organise the practical arrangements. b. The Work Experience Co-ordinator is to take particular account of Part C, Sections 2, 11, 23, 33, 39 and 43 of this Policy. c. The duties of the Work Experience Co-ordinator include, but are not limited to; ● liaising closely with the Headteacher to decide the appropriate process for organising work experience placements, including the use of external bodies; ● ensuring that work activities undertaken by a student are risk assessed (by the Employer) prior to commencement of the placement; ● a risk assessment is completed for members of staff that visit such employers during the work experience programme. This assessment should include lone working arrangements; ● ensuring that students and parents are provided with all relevant information regarding work experience placements, including the occupational risks within the workplace that a student may be exposed to; ● ensuring that employers providing placements have full relevant information regarding students undertaking a placement with them, including details of additional educational or special needs; ● developing a programme to visit students, wherever possible, during their placement. Named Appointed Person Name: N/A Telephone Contact T: 13. Trade Union Health and Safety Representatives and Representatives of Employee Safety (appointed by a Trades Union, or elected by the workforce) a. Health and safety regulations provide for the appointment of Trade Union appointed Safety Representatives from amongst those employees who are members of a recognised trade union. Similarly, provision is in place for employees who are not members of a recognised trade union, or where their trade union is not represented by a safety representative, to elect Representatives of Employee Safety to represent them. b. Trade Union Health and Safety Representatives and Representatives of Employee Safety are afforded the right to paid release from duties to discharge their functions. The Kemnal Academies Trust ‘Trades Union Safety Representative and Page 10 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 Representatives of Employee Safety Facilities Agreement’ dated September 2018, substantiates that right. c. Where Trade Union Health and Safety Representatives and Representatives of Employee Safety are timetabled regarding their employment duties Principles/Headteachers must ensure that when formulating the academy staff timetable they take regard of the current ‘Trade Union Health and Safety Representatives and Representatives of Employee Safety Agreement’. This agreement will be reviewed annually by TKAT with recognised trades unions. d. Trade Union Health and Safety Representatives and Representatives of Employee Safety have the following functions: ● to represent the employees in consultations with the employer; ● to investigate potential hazards and dangerous occurrences at the workplace and to examine the causes of accidents at the workplace; ● to investigate complaints by any employee he/she represents relating to that employee’s health, safety or welfare at work; ● to make representations to the employer on matters arising out of potential hazards and dangerous occurrences or complaints relating to health and safety by any employee he/she represents; ● to make representations to the employer on general matters affecting the health, safety or welfare at work of the employees at the workplace; ● to carry out health and safety inspections; ● to represent the employees he/she was appointed, or elected, to represent in consultations at the workplace with inspectors of the Health and Safety Executive (HSE) and of any other enforcing authority; ● to receive information from inspectors; ● to attend meetings of safety committees where he/she attends in his capacity as a safety representative in connection with any of the above functions. e. Trade Union Health and Safety Representatives and Representatives of Employee Safety have functions and not duties, or responsibilities, in respect of their roles as representatives. Trade Union Health and Safety Representatives Representatives of Employee Safety Name: Name: Alex Chalmers E: E: alex.chalmers@themill-tkat.org T: T: 07825 887258 Name: Name: E: E: T: T: 14. All employees with management or staff supervisory responsibilities a. All managers and supervisors are responsible to the Headteacher, or their immediate line manager, for ensuring the application of this Policy to all activities undertaken by their department or area of management responsibility. They will also have responsibilities for ensuring that all relevant parts of the Health and Safety Policy are observed and implemented by all TKAT employees they supervise in their respective workplaces. In particular, staff holding such positions of responsibility will: ● ensure that suitable and sufficient risk assessments are undertaken within their areas of responsibility, that effective control measures are implemented and those assessments are monitored and reviewed appropriately; Page 11 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ● ensure that appropriate safe working practices and procedures exist (safe systems of work) within their areas of responsibility and that these are brought to the attention of everyone concerned; ● ensure that all accidents and incidents (including near misses) occurring within their areas of responsibility are promptly reported and recorded using the appropriate mandatory system; ● ensure that all reported accidents and incidents within their areas of responsibility are fully investigated with a view to preventing a recurrence; ● ensure that all TKAT employees within their areas of responsibility are aware of their specific roles in case of fire and/or emergency; ● complete periodic health and safety inspections of the physical areas they manage and check the safety of equipment, resources and storage in those areas; ● remove from use and report any equipment/appliance which has been identified as being unsafe and which is in need of repair; ● ensure that levels of class and staff supervision are adequate at all times; ● maintain, or have access to, an up to date library of sector specific relevant health and safety guidance from suitable sources, e.g. Health and Safety Executive (HSE), The Kemnal Academies Trust (TKAT), Department for Education (DfE), Consortium of Local Education Authorities for the Provision of Science Services (CLEAPSS), Design and Technology Association (DATA), Association for Physical Education (AfPE), etc., and ensure that all colleagues they supervise are aware of and make use of such guidance; ● identify specific staff health and safety training needs and arrange for training to be completed in order for such staff to safely complete their duties; ● consult with appropriate staff on any matters which may affect their health or safety whilst at work; ● carry out departmental induction training including any specific information and training that may be necessary because of activities which are peculiar to a department; ● ensure that levels of first aid provision are in place for the activities being undertaken; ● resolve local health and safety issues, within their competency, within their department, or seek further advice or assistance where necessary; ● ensure (via academy staff) that all pupils are given the necessary health and safety information and instruction prior to commencing activities which may involve some risk; ● consult the TKAT Head of Estates, Risk & Safety, or other appropriate bodies (including Trade Union Health and Safety Representatives and Representatives of Employee Safety), when additional assistance becomes necessary. 15. All employees with teaching or pupil supervisory responsibilities a. Teachers and pupil supervisors are responsible for the health and safety of all pupils under their control. Teachers and pupil supervisors shall; ● ensure effective supervision by only permitting activities to be undertaken by pupils after carrying out a risk assessment if there are real risks associated with the activity. The class size, the abilities of the pupils involved, the activities to be undertaken etc. will need to be considered; ● be aware of the Trust’s Health and Safety Policy and any local Policies, rules and arrangements which may apply specifically to a department concerned; Page 12 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ● ensure that safety instruction is given to all pupils prior to commencing activities which may involve some risk; ● know the location of the nearest fire-fighting equipment and first aid box, and know the emergency procedures in respect of fire/first aid/bomb threat etc.; ● ensure that pupils follow academy safety rules and that protective equipment is worn where appropriate; ● ensure that all personal protective equipment is suitable and in good condition prior to issue; ● ensure safety devices e.g. machinery guards are in good condition and are used; ● ensure that safe procedures are followed in respect of storage and use of equipment, resources and materials; ● ensure that projectors used in the classroom are used safely, avoiding hazards from the projector beam and ensuring pupils are supervised and instructed in safe use; ● report any defective equipment to their manager/supervisor; ● under the direction of management assist in the investigation of all accidents, incidents, near misses (in conjunction with relevant employees involved); ● propose for consideration by their manager or supervisor any improvements which they consider would improve health or safety standards within a department; ● ensure that an agreed adequate level of supervision is provided and that appropriate health and safety arrangements, including a suitable and sufficient risk assessment, exist prior to taking academy parties off site on educational visits. 16. All Employees (including Temporary Employees) a. All employees have general health and safety responsibilities both under criminal and civil law. Employees must be aware that they are obliged to take care of their own safety and health whilst at work along with that of others who may be affected by their actions or omissions. b. Employees must also co-operate with the Governing Body/TKAT and senior management of the academy so that they may fulfil any legal requirements placed on them as employers and/or persons in control of premises. c. All employees are required to; ● participate in the risk assessment process and comply with findings; ● report all defects in the condition of the premises or equipment to which they become aware; ● report all accidents, incidents and near misses according to the procedures included in Part C of this document; ● be familiar with the procedure to be followed in the event of a fire or other serious emergency; ● obtain specific authorisation from the Headteacher, or appropriate specialist manager, before bringing onto the academy premises, or allowing to be brought onto academy premises, any materials, equipment, or substance that could cause harm to themselves, other employees, or any other person. Examples of this include, but are not limited to; o equipment that is damaged or inadequate in construction; o items that do not comply with European/UK standards; o electrical equipment that has not been adequately tested; o items that are not appropriately fire rated; o dangerous substances, or items that contain dangerous substances; Page 13 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ● know the location and condition of any asbestos containing materials identified in the academy asbestos register and make themselves aware of TKAT emergency action and any additional local emergency action in the event of damaged, disturbed, or newly discovered asbestos containing material, or potential asbestos containing material; ● take part in health and safety training, provided by the employer, that the employer considers necessary to maintain the employee’s health and safety and that of other persons; ● complete all allocated online health and safety training as directed by the Trust, Headteacher, or Manager appointed for the purpose of managing such training; ● make use of all necessary personal protective equipment provided for safety or health reasons; ● where necessary, make use of all control measures made available to them, e.g. fume cupboards, etc; ● follow all relevant safe practice and local rules including safe procedures in respect of storage and use of equipment, resources and materials; ● report any unsafe practices to their manager or Headteacher, or if necessary the Governor responsible for health and safety; ● where in the presence of pupils, as a ‘reasonable person’, ensure pupils follow safe practices and observe all academy safety rules, and as far as is reasonably practicable ensure that pupils; o follow all instructions issued by any member of staff in the case of an emergency, or a risk to safety; o do not intentionally or recklessly interfere with equipment provided for safety purposes e.g. fire extinguishers etc; o are encouraged to inform any member of staff of any situation which may affect their safety. 17. Pupils a. All pupils are expected to follow their respective academy Behaviour Policy in order to maintain a safe environment for all. b. Instances of unsafe conduct or behaviour should be managed effectively by academies in accordance with their Behaviour Policy. c. Where there are instances of vandalism to, or misuse of, safety equipment, pupils aged 10 or over should be made aware that it is a criminal offence under Section 8 of the Health and Safety at work etc. Act 1974, for any person to intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare. Page 14 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 PART C. ARRANGEMENTS FOR HEALTH, SAFETY AND WELFARE Each establishment has the duty to develop suitable and sufficient local Policy, arrangements and procedures to comply with, and complement these arrangements in Part C. In all circumstances, where there is any doubt, the arrangements in Part C of TKAT Health & Safety Policy will take precedence. Advice and guidance to support all the health, safety and welfare arrangements will be provided by TKAT in electronic/web based format. This resource will also provide links to where further information on specific topics can be obtained. The following arrangements are put in place to establish, monitor and review measures needed to meet health and safety legal compliance and the required health and safety standards in TKAT establishments and on TKAT premises: 1. Accidents, incidents and infectious diseases a. In order to avoid misunderstanding, the Trust deem an accident and incident to be defined thus:- i. Accident: - "any unplanned event that results in personal injury or damage to property, plant or equipment.” ii. Incident: - "an unplanned event which does not cause injury or damage, but could have done so." Examples include: items falling near to personnel, incidents involving vehicles and electrical short-circuits. iii. Infectious disease: - “a disease as prescribed in Section 4, Paragraph 10, of the ‘Conditions of Service for School Teachers in England and Wales’ (Burgundy Book).” b. In the event of an accident all local emergency procedures appropriate to that accident must be put into action, including, but not limited to: i. Ensuring, where possible, that the scene of the accident is as safe as is reasonably practicable and poses no substantial risk to others. ii. Where possible, providing first aid, by a first-aider, to any person who is injured. iii. Obtaining further medical aid where appropriate. c. All incidents must be reported to the Headteacher, or the person delegated with the duty of managing accidents and incidents, as soon as possible and a record kept of the accident. d. All TKAT employees, employed as a School Teacher by the Trust, are required to notify their respective Headteacher should they come into contact with an infectious disease in respect of any such disease that falls under their obligations under Section 4, Paragraph 10, of the ‘Conditions of Service for School Teachers in England and Wales (Burgundy Book)’. Similarly, in order to ensure that infectious diseases are managed appropriately, any other employee that comes into contact with an infectious disease, or contagious illness, that is likely to be transmitted to others in the course of their employment and may seriously affect the operational efficiency of the academy is to notify their respective Headteacher. e. Those employees who are ‘food handlers’ have specific exclusion criteria for food handling duties, that relate to the prevention of the spread of infectious diseases, that are detailed in the Food Standards Agency document ‘Food Handlers: Fitness to work”. These exclusion requirements must be observed by such employees at all times. f. In order to comply with Regulation 5 of The Management of Health and Safety at Work Regulations 1995 it is important that adverse events are properly investigated. An ‘adverse event’ is an accident (an event that results in an injury or ill health), or incident (a near miss, or undesired circumstance). g. The level of investigation should be determined by the potential consequences of the adverse event and the likelihood of it reoccurring. h. Investigations should be carried out jointly by a competent academy manager, nominated by the Headteacher, and a Health and Safety Representative if there is Page 15 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 such a person in the academy. A Headteacher or any member of an investigation team can request additional health and safety support from the TKAT Head of Estates, Risk & Safety Advisor. i. Investigations should be conducted using the guidance and methodology contained in the HSE publication HSG245 ‘Investigating accidents and incidents’. j. Academies must ensure that the documents relating to any accident or incident investigation are retained for a period of five years and disposed of in accordance with confidential waste arrangements. k. All RIDDOR reportable accidents, incidents and diseases must be reported to the HSE in a timely manner, using the HSE online portal. Use of a third party to make such reports does not absolve the Headteacher of this duty. l. From 1 September 2018 all accidents and incidents are to be recorded electronically by academies on the ‘Every’ management system, or on another system provided by the Trust for that purpose. m. Academies may choose to retain paper records of accident and incidents if they so wish, but these will not replace the electronic reporting requirement. n. For clarification an accident/incident that is to be recorded is one that has resulted in visible injury, or prolonged pain, or an incident that is likely to have resulted in significant injury had circumstances been different. Guidance: https://insight.tkat.org/1165/accidents-and-incidents 2. Accountability/Responsibility a. Academies are to maintain a current list, using the ‘Named Persons’ template provided for that purpose in the relevant activity on the ‘Activities’ area on the ‘Every’ management system, that accurately names the persons appointed to the following accountable roles in the academy: i. Health and Safety Governor. ii. Headteacher (the particular individual Executive Headteacher, Headteacher, or Head of School who has the delegated duty for Health and Safety legal compliance on the premises). iii. Fire Safety Officer (the person appointed by the LGB to carry out the delegated duty of the LGB as the legal ‘Occupier’ of the premises). iv. First Aid Co-ordinator (if appointed by the Headteacher to carry out delegated first aid coordinator duties in the workplace). v. Radiation Protection Supervisor (where appropriate) (if appointed by the Headteacher to carry out the duties related to the control of sources of ionizing radiation in the workplace). vi. Asbestos Manager (where appropriate) (if appointed by the Headteacher to carry out the duties related to the management of asbestos in the workplace). vii. Legionella Manager (if appointed by the Headteacher to carry out the duties related to the control of legionella in the workplace). viii. Education Visits Co-ordinator (EVC) (if appointed by the Headteacher to carry out the duties related to the management of educational visits in the academy). ix. Work Experience Co-ordinator (where appropriate) (if appointed by the Headteacher to carry out the duties related to the management of work experience by students from the academy). b. Additionally, although not accountable as a named person, academies are to maintain on that list the names of the following appointed, or elected Representatives: Page 16 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 i. Trades Union Health and Safety Representatives (as appointed by recognised Trades Unions) ii. Representatives of Employee Safety (as elected by the academy workforce) c. The completed list is to be uploaded into the relevant document folder in the ‘Documents’ area on the ‘Every’ management system. d. The list is to be reviewed by the activity ‘owner’ quarterly and any changes made accordingly. Guidance: https://insight.tkat.org/4079/accountabilityresponsibility 3. Animals a. Where livestock and other farm animals or birds are kept on academy premises, arrangements should be put in place by academies to make suitable and sufficient risk assessment of the risks to those people coming into contact with such animals or birds. b. Academies must be mindful of the possibility of persons on the premises who may have allergies to animals or birds. Academies must make appropriate arrangements to ensure that keeping such animals or birds does not compromise the health or safety of persons on the premises, or by so doing, breaches their obligations under Sections 2, or 3 of the Health and Safety at Work etc. Act 1974. c. In all cases where animals or birds are kept on site suitable and sufficient control measures must be put in place by the academy to control the risk of transfer of infection from E. coli O157. d. Adequate provision must be put in place for Public Liability Insurance in respect of animals on the premises. If an animal is not owned by the academy, then the owner must have Public Liability Insurance in place that covers the use of the animal whilst on academy premises, or where not, the academy must put additional Public Liability Insurance in place. e. Arrangements must be put in place to hygienically manage animal waste/fouling where an animal is permitted on the premises, in order to minimise the risk of potential disease from contact with such waste. f. Arrangements must also be put in place for the proper health and welfare of any animals or birds that are kept. These arrangements must include, but are not limited to: i. The regular provision of clean water and suitable food. ii. Suitable accommodation in a low stress environment iii. Adequate room to move and provision to address individual animal/bird welfare needs. iv. Competent management of all animals or birds. v. Provision for weekends and holidays. vi. Provision for veterinary and other expert assistance. e. Academies must not keep animals or birds where they are unable to fully comply with legislation regarding the health and safety of persons in contact with those animals or birds, or where they are unable to meet acceptable standards of animal health and welfare. Guidance: https://insight.tkat.org/1168/animals 4. Asbestos management a In compliance with Regulation 4 of the Control of Asbestos Regulations 2012, where premises were built before the year 2000, Headteachers must ensure that the following obligations are carried out by a ‘competent’ person, or persons: Page 17 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 i Take reasonable steps to find materials in premises likely to contain asbestos and to check their condition. ii Presume that materials contain asbestos unless there is strong evidence to suppose they do not (i. and ii. are identified in the Asbestos Survey). iii Make a written record of the location and condition of asbestos and presumed asbestos-containing materials (ACM), keep the record up to date and ensure that a copy is available for on request to all visitors to the site (the Asbestos Risk Register) iv Assess the risk of the likelihood of anyone being exposed to these materials (the Asbestos Risk Assessment). v Prepare a written plan to manage that risk (the Asbestos Management Plan, inclusive of the Action Plan and Communication Plan) and put it into effect to ensure that: 01 Any material known or presumed to contain asbestos is kept in a good state of repair. 02 Any material that contains or is presumed to contain asbestos is, because of the risks associated with its location or condition, repaired or if necessary removed. 03 Local emergency procedures are in place to address the unplanned damage or disturbance, or new discovery of asbestos including procedures for evacuation and subsequent control, survey, repair, maintenance or removal of the affected material. 04 The effective communication regarding asbestos on the premises. The effective labelling of asbestos containing material. Information for all those who may come into contact with such material which makes them fully aware of its location, condition, type and extent and precautionary and emergency measures to be followed. b The Asbestos Manager must ensure that all asbestos surveys, Management, Refurbishment, or Demolition are completed by a UKAS accredited asbestos inspection body. c The Asbestos Manager must ensure that an asbestos Refurbishment Survey is conducted on the areas where any refurbishment is planned before such works commence, and an asbestos Demolition Survey is conducted on the whole area where any demolition is planned before such works commence. d Headteachers and those persons who have delegated duties in relation to asbestos management must ensure that the legal requirements of licensed and non-licensed asbestos work are strictly adhered to. e Where TKAT employees work, or access, areas that contain asbestos containing material, and they may damage, disturb, or newly discover such material, they must be provided with asbestos awareness training. f Where TKAT employees complete maintenance work on the fabric of the premises in areas that may contain asbestos they must only complete such work under a Permit To Work (PTW). g The Asbestos Register and the Asbestos Management Plan must be reviewed at least annually and additionally as a result of any changes, by the appointed Asbestos Manager, without delay. h Where asbestos containing materials are present on the premises copies of the latest academy Asbestos Management Survey Report, Asbestos Register and Asbestos Management Plan are to be uploaded into the appropriate folders, in the ‘Policies and Documents’ area on the ‘Every’ management system, or onto another system provided by the Trust for that purpose. i General procedure in the event of accidental damage to, or discovery of, Asbestos Containing Material (ACM): i If, despite taking every precaution, ACM is discovered during the course of work, or known ACM is damaged, the following actions must be taken: Page 18 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ● STOP all work immediately ● Turn off any fans/computers/extractors. ● Shut all windows. ● Evacuate the local area promptly, but orderly, i.e. the room where the damaged/discovered ACM is located. Leaving all bags/coats etc. in the room. ● Shut all doors. ● Prevent anyone entering or re-entering the area. ● Keep the room occupants together in another vacant room nearby, in order to reduce the risk of the spread of contamination and further potential exposure. ● Report the problem as soon as possible to the academy Asbestos Manager. ● Arrange for the careful removal of any clothing contaminated with dust or debris and place in a plastic bag. ii Where ACM is found to be damaged, deteriorated or newly discovered the academy Asbestos Manager must take steps to arrange for assessment of the situation and consequential management. Unless the incident is very minor the matter is to be reported to the HSE. Guidance: https://insight.tkat.org/1169/asbestos-management 5. Audits and inspections a Health and safety audits and inspections must be completed on a regular basis and will comprise, as a minimum, three internal inspections, each to be completed between September to December, January to April and April to July respectively. Additionally, an annual health and safety internal audit by the academy is to be completed, based on the TKAT audit template. These should be carried out by appropriate staff, Governors and representatives within the academy, or by a suitably competent external provider where academy leadership considers that the health and safety competence of internal resource is inadequate. Such audits/inspections can be focussed on specific areas for improvement, or on a cyclic schedule. b A health and safety audit/inspection strategy and programme should be developed by the academy. The strategy should include appropriate internal, external and TKAT involvement. c Appointed Trade Union Health and Safety Representatives and elected Representatives of Employee Safety, can initiate an inspection in an academy, as part of their functions. d Academies should record and use information gathered from inspections and audits to improve health, safety and welfare provision within the academy, on a risk prioritised basis, so far as is reasonably practicable. e TKAT health and safety inspections and audits will be carried out by a “competent person” employed by the Trust, or a specialist consultant contracted by TKAT for that purpose. f Results of all health and safety audits and inspections must be made available to Trades Union Representatives, Representatives of Employee Safety and the academy workforce concerned and the statistical results of TKAT health and safety audits and inspections will be published internally for reasons of transparency and benchmarking. Guidance: https://insight.tkat.org/1176/audits-and-inspections 6. Confined spaces a No work shall be carried out in a confined space, as defined in Regulation 1(2) of The Confined Spaces Regulations 1997, by TKAT employees without strict adherence to the provisions of those regulations and the corresponding HSE Page 19 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 Approved Code of Practice, L101 ‘Safe work in confined spaces. Confined Spaces Regulations 1997’. b All work in confined spaces is subject to the use of a Permit To Work (PTW). Guidance: https://insight.tkat.org/1178/confined-spaces 7. Consultation a In order to provide for consultation with employees TKAT requires academies to follow the procedure for the ‘Election of a Representative of Employee Safety’ on an annual basis where there is no representative in place, or three yearly if there is. b Recognised trades unions will undertake the appointment of Union Safety Representatives in line with their internal procedures. c Where academies have representation in place for all TKAT employees, consultation on all written health and safety policies, organisation, arrangement and procedures may take place by the use of email, providing those representatives have a valid email address. d Headteachers and other senior managers shall give regard to the content of the current ‘Trades Union Safety Representative and Representatives of Employee Safety Facilities Agreement’ when providing facilities for Trades Union Safety Representatives and Representatives of Employee Safety. e Where any TKAT employees are unrepresented regarding matters of health and safety within an academy, in order to comply with Regulation 3 of The Health and Safety (Consultation with Employees) Regulations 1996, each such academy must make arrangements for direct consultation with all TKAT employees within the academy on all health and safety matters that may affect them. Academies should note that unless all TKAT employees in the academy have email access, other arrangements must also be put in place. Where consultation involves TKAT health and safety matters the results of this consultation must be collated and returned to the TKAT Head of Estates, Risk & Safety. f TKAT will establish a number of Regional Health and Safety Committees that will provide for dialogue with stakeholders about the general matters regarding health, safety and welfare. The committees should be comprised of: i Appointed Trade Union Health and Safety Representatives from academies in the region ii Elected Representatives of Employee Safety from academies in the region iii The Trust Head of Estates, Risk & Safety. iv Any other person/s that TKAT considers to have business with the committee. g Trades Union officials from recognised trades union may also attend such meetings. h In order to comply with statutory obligations the Regional Health and Safety Committees will meet three times a year, evenly spaced throughout the academic year, at a suitable regional venue during working hours. All Representatives (regardless of designation) will be entitled to paid time off to travel to, prepare for and attend these meetings. Governors and Representatives will be entitled to claim travel expenses if the meetings are held outside of their own workplace. In addition to Regional Health & Safety Committees, Health & Safety will be a standing item on the agenda for all Trades Union Trust wide Consultation and Negotiation Committee (TCNC) meetings so that consultation can take place on a Trust-wide basis with officers of the recognised trades unions. i TKAT will make arrangements to consult on written Trust health and safety matters directly with Headteachers, or a person delegated for that duty, and health and safety Governors. Academies must make arrangements to consult with staff or their representatives on written local health and safety matters directly with the relevant Headteacher, or a person delegated for that duty, and their health and safety Governor. Page 20 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 j An academy based Safety Committee may also be established in compliance with the Safety Representative & Safety Committee Regulations 1977 should a request be made to a Headteacher by Safety Representatives. Guidance: https://insight.tkat.org/1179/consultation 8. Contractors a Anyone entering TKAT academies, or premises used by a TKAT academy, for the purpose of carrying out work, or who provides goods or services, specialised or otherwise, for the client, owner or occupier must be regarded as a ‘contractor’ - to whom duties are owed and who, in turn, owes duties in respect of health and safety. b Contractors therefore include building, construction and maintenance workers, caterers, window cleaners, agency staff, equipment repairers, delivery drivers, service staff and consultants. In this Policy the term Contractor, includes all sub‐ contractors and their employees. c By virtue of the hazardous nature of construction-related contracting compared with general consultancy work, this Policy tends to concentrate on those higher risk areas, however many of the principles still apply to other areas of lower risk. d All construction projects now fall under the Construction (Design and Management) Regulations 2015 and TKAT academies are to ensure that all the duties required of the ‘Client’ are completed thoroughly and in good time. e When children, young persons, or other vulnerable persons, are present on the premises contractors without a valid DBS check must never be left unaccompanied whilst on site. f Academies must ensure the proper vetting and selection of contractors regardless of what work they may be required to carry out. It is important to ensure checks are made to ensure that contractors are properly qualified, have the necessary skills to carry out the work and are competent in assessing risks and applying effective health and safety practices. Where particular accreditation is required contractors checks should include such accreditation checks and specific checks required under TKAT Procurement and Value for Money Strategy and Detailed Procurement Policy g Academies must make themselves familiar with how to manage and work with contractors throughout the project. This includes the planning stage, standards and arrangements, while working on site and on work completion. h All contractors must receive Health and Safety Induction training from the academy concerned before being allowed to work on site. This will constitute familiarisation of the academy layout within the area of their work, including; access and egress, the location of all relevant health and safety items (e.g. fire exits), all local arrangements. A copy of this Health and Safety Policy and relevant local policies and supporting procedures will be made available, if requested, by the contractor. i The academy Asbestos Risk Register shall be brought to the attention of a contractor with regard to the arrangements contained in the academy’s Asbestos Management Plan and a permit to work issued. No contractor may undertake maintenance or construction work without having signed the register and received a Permit To Work from the authorising person. j Where statutory documents are required to be produced by a contractor such documents must be made available for scrutiny by the academy prior to commencement of associated works. k All health and safety files and any related construction, or warranty, documents are to be retained by the academy and copies provided to TKAT, or uploaded onto the ‘Every’ management system. Guidance: https://insight.tkat.org/1180/contractors Page 21 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 9. Control of substances hazardous to health (Including biological agents) a Academies must retain an accurate written record of all hazardous substances on the premises. b Safety Data Sheets are to be obtained and held by the academy for all products that contain substances that fall under COSHH Regulations. c All substances representing a potential hazard due to their storage, handling, use or disposal will be assessed to identify the level of risk. Safety data sheets should be used to provide a basis for the risk assessment regarding particular products. The safety data sheet is not a risk assessment in itself. d The substances and the corresponding process in which they are used shall have a written risk assessment carried out detailing the control measures to be used, and any residual risks. e All TKAT employees who may be exposed to effects of the substances must be provided with the relevant assessment and acknowledge the control measures that are to be in place and any residual risks that remain. f Several chemicals in regular use in science can present major problems if spilt. Where appropriate, academies must provide equipment and adopt working practises for students, teachers and technicians that minimise the risk of a spill occurring in the first place, but must also make provision for dealing quickly, safely and efficiently with any spills that do occur. This provision should form part of the risk assessment for the whole activity. g TKAT Managers and Headteachers must ensure that a ‘suitable and sufficient’ assessment of the risk to employees, and other people in the workplace, is completed where people could be exposed to a biological agent that may cause significant harm. This includes bacteriological and viral infections. h In drawing up such a risk assessment TKAT Managers and Headteachers must take account of any Government or Public Health guidance in respect of such biological risks. i Any such risk assessment must be reviewed as a result of: i Any changes to Government or Public Health guidance that materially affect the assessment. ii Any incident where it is shown that there was a failure of a control measure contained in the assessment to give protection that is ‘reasonably practicable’ to a person included under the assessment. iii Any change to the particular risks due to changes in the biological or viral agent. j The risk assessment must be implemented by the relevant Headteacher, and/or Manager and a hard copy of the risk assessment is to be provided to all TKAT employees that may be affected by the assessment. k All persons entering the premises where a biological risk assessment is in place is required to comply with the control measures contained in that assessment. Guidance: https://insight.tkat.org/1181/control-of-substances-hazardous-to health-coshh 10. Dangerous substances and explosive atmospheres a Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion. They include such things as solvents, paints, varnishes, flammable gases, such as liquid petroleum gas (LPG), dusts from machining and sanding and dust/fumes from foodstuffs, etc. b In order to control the risks associated with these substances academies must: Page 22 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 i Find out what dangerous substances are in the academy and assess what the fire and explosion risks are. If there are none, or the risks are negligible, no further action need be taken. ii Where dangerous substances are identified academies must: 01 Put control measures in place to either remove those risks or, where this is not possible, control them effectively. 02 Put controls in place to reduce the effects of any incidents involving dangerous substances. 03 Prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances 04 Make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances. 05 Identify and classify areas of the workplace where explosive atmospheres may occur and avoid ignition sources (from unprotected equipment, for example) in those areas. c It is likely that a number of dangerous substances may be present in academies, but that most would not be in the quantities or conditions that may result in a fire or explosion. However, staff should be aware of the use of volatile substances in science, paints and coatings in technology, or art, the use of LPG in heating/cooking systems, the use of oils and fats in kitchens and the proximity of such substances to sources of ignition. Many academies will have Local Exhaust Ventilation (LEV) equipment used to extract dust, fumes and other substances from science laboratories and workshops. Academies are reminded that in order to reduce the likelihood of fire and explosion all LEV systems must be inspected and tested at least every 14 months. Guidance: https://insight.tkat.org/1183/dangerous-substances-and-explosive atmospheres-dsear 11. Driving a. Driving as part of employment duties can be defined as: i. Driving during the working day on academy or Trust business. ii. Driving to, or from, accommodation paid for by the academy or Trust that is not your home address. iii. Driving outside the normal working day on academy or Trust business. b. Driving to and from your home to your normal place of employment and to and from your home to another place for the equivalent distance is not considered as driving as part of employment duties. This is regarded as your commute to and from work. c. Employees who are required to drive as part of their duties are obliged to: i. Ensure that they are medically fit to drive. ii. Ensure that the vehicle is roadworthy and safe to drive. iii. Where tiredness may affect driving take appropriate rest breaks, particularly during longer journeys. iv. Make proper arrangements to keep in contact with their manager, or a person designated for that purpose. v. Follow all road traffic and driving legislation at all times. d. Academies and the Trust are to regard TKAT employees driving alone on employment duties as ‘lone workers’ and are to make appropriate arrangements for their safety. e. Academies are to ensure that persons driving as part of their employment duties have appropriate business motor insurance to cover such duties, either by occasional business driver insurance through the academy insurance provision, or by business cover on the driver’s personal motor Policy. f. All employees who regularly drive as part of their employment are to be provided with appropriate training. Page 23 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 Guidance: https://insight.tkat.org/3418/driving 12. Educational visits a. TKAT encourages academies to arrange a wide range of “out-of-school “ activities, which can include visits to museums, trips to the countryside, or taking part in challenging and adventurous activities, as it recognises the benefit of learning away from the academy. In support of this the HSE advises that, “Courts have made clear that when health and safety law refers to ‘risks’, it is not contemplating risks that are trivial or fanciful. It is not its purpose to impose burdens on employers that are wholly unreasonable”. b. Academies should ensure that they have arrangements in place to allow for the adequate planning and management of educational visits. c. Academies should strike the right balance which means that: i. The academy and staff focus on real risks when planning trips. ii. Those running trips understand their roles, are supported, and are competent to lead or take part in them. iii. The real risks are managed during the trip. iv. Learning opportunities are experienced to the full. d. Striking the right balance does not mean that: i. Every aspect is set out in copious paperwork that acts as a security blanket for those organising the trip. ii. Detailed risk assessment and recording procedures aimed at higher-risk adventure activities are used when planning lower-risk academy trips iii. Mistakes and accidents will not happen. iv. All risks must be eliminated. e. Academies need to ensure that the precautions proposed are proportionate to the risks involved, and that their paperwork is easy to use. They should also take account of the assessments and procedures of any other organisations involved, and ensure that communications with others are clear. f. The academy’s arrangements for trips should ensure that: i. Risk assessment focuses attention on real risks – not risks that are trivial and fanciful. ii. lower-risk activities are quick and easy to organise, and higher-risk activities (such as those involving climbing, caving or water-based activities) are properly planned and assessed. iii. Those planning the trips are properly supported – so that staff can readily check if they have taken sufficient precautions or whether they should do more. iv. Staff running academy trips should clearly communicate information about the planned activities to colleagues and pupils (and parents, where appropriate). This should explain what the precautions are and why they are necessary, to help ensure that everyone focuses on the important issues. v. It is important that those running academy trips act responsibly by: 01 Putting sensible precautions in place, and making sure these work in practice. 02 Knowing when and how to apply contingency plans, where they are necessary. 03 Heeding advice and warnings from others, for example those with local knowledge or specialist expertise (especially in respect of higher-risk activities). g. TKAT does not need to monitor the arrangements for each and every academy trip, but the Trust will need to scrutinise the risk assessments for overseas visits, high risk activities and adventurous activities. Academies should arrange for Page 24 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 copies of such risk assessments to be forwarded, electronically, or otherwise, to the TKAT Head of Estates, Risk & Safety in good time and the academies Governing Body should also minute their approval of any such overseas visits, high risk activities and adventurous activities. This procedure is not designed to prevent activities from taking place, but forms additional control measures that are in place to attempt to identify any significant risks that may have been inadvertently overlooked. Guidance: https://insight.tkat.org/1187/educational-visits 13. Electricity a. With particular regard to The Electricity at Work Regulations 1989, the Trust will ensure that the following arrangements are in place so far as it is reasonably practicable to do so: i. Safe electrical systems are installed on premises that are under the control of the Trust. ii. Suitable protective equipment is to be installed to reduce the risk of electric shock, excess current, or fire. iii. Account must be taken regarding the environment that electrical systems are to be installed or used in and any external power supply must be rated accordingly. iv. A suitable earth must be provided for the electrical system and used where appropriate. v. A means of isolating electrical systems must be provided and suitable precautions must be in place to ensure that circuits and equipment can be made dead, particularly prior to maintenance or repair work taking place. vi. Academies are expected to ensure that all electrical works carried out should comply with these arrangements and in particular should ensure that: 01 Persons working on electrical systems, or equipment, must be competent to do so, in order to prevent danger and injury. 02 Work activities that involve electrical systems are to be completed safely, with a safe system of work established where any activities that present a real risk are undertaken. 03 Work activities in locations that may interfere with live electrical systems are subject to a Permit to Work (PTW). 04 Testing and inspection of fixed installations must be completed every five years. Portable Appliance Testing (PAT) must be completed with regard to a current risk assessment and in line with HSE guidance. 05 Guidance on the requirements for inspection and testing is: 1. All electrical equipment that is used by pupils must be inspected and PAT tested annually. 2. Equipment that is rarely moved and not used by pupils (office computers, printers, stage lighting, copiers, etc.) must be inspected and PAT tested at least every five years. 3. Equipment that may be frequently moved, or equipment that is used in harsh environments (vacuum cleaners, power tools, soldering irons, etc.) must be PAT tested at least annually, with more frequent inspections where identified in the risk assessment. Page 25 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 4. Records of electrical testing and inspection must be accurately maintained. A five yearly electrical inspection and test is to be completed on all electrical installations by a National Inspection Council for Electrical Installation Contracting (NICEIC) ‘Approved Contractor’. 5. Overloading of plugs and sockets must be avoided as it can lead to fires. The use of cube adaptors is not permitted and only one plug is allowed per socket. Where extension leads are used the electrical capacity of the circuit must be considered before use. Guidance: https://insight.tkat.org/1188/electricity 14. Emergency planning and procedures a. Academies must complete a Business Continuity Plan (BCP) using the format agreed with TKAT insurers. The content of the plan must include the following sections: i Section 1: Incident Management Plan ii Section 2: Key Contact Information iii Section 3: Threat Response Plans iv Section 4: Key Documents b. The academy Business Continuity Plan is to be reviewed annually as a matter of routine, but must be reviewed immediately if there have been changes that may affect the plan. This may include, but is not limited to; key documents, key personnel, changes in threat, resource changes, premises changes. c. Consideration of various phases of some emergencies must be considered in the plan, as appropriate. I.e: i Immediately after the event ii In the short term (first few days up to a couple of weeks) iii In the medium term (following weeks to months) iv In the longer term d. Academies should integrate their BCP with other local emergency plans. e. Key persons named on the plan should be provided with appropriate training to be competent in their roles within the plan. f. Academies must ensure that emergency planning procedures are tested and practiced to ensure that plans are robust and fit for purpose. Guidance: https://insight.tkat.org/1262/emergency-planning-and-procedures 15. Equipment at Work a. Equipment at work falls into a number of categories and various legislation covers a wide variety of equipment. Academies are to be aware that such legislation may overlap, dependant on the specific equipment concerned. b. Equipment provided in compliance with The Workplace (Health, Safety and Welfare) Regulations 1992 is required to be maintained in a safe condition and where the use of such equipment may cause harm the risks associated with its use must be assessed. Such equipment may include, but is not confined to: i Doors, gates and windows ii Artificial ventilation iii Devices warning of equipment/system failure iv Lighting and emergency lighting v Lifts, escalators and moving walkways Guidance: https://insight.tkat.org/1232/welfare Page 26 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 c. Before the procurement of machinery and particular equipment checks must be made by a competent person as to the conformity of such equipment, the presence of a UKCA mark, or CE mark until 2022, and the associated Declaration of Conformity for the equipment must be retained by the academy. The measure of competency for the purpose of such checks will be the particular technical qualification/level and experience of the person completing the check in relation to the equipment being inspected. d. When procuring such equipment TKAT must be informed of the intent to purchase prior to purchase in order to ensure that competent technical advice is obtained with regard to safety requirements in respect of selection, installation, use, inspection and maintenance. Such equipment includes, but is not confined to: i Electrically powered gates. ii Electrically powered lifts and lifting equipment. iii Gas, oil, LPG and biomass powered boilers. iv Pressurised equipment that falls under The Pressure Equipment Regulations 1999. v Power presses and high pressure hydraulic equipment. vi Local exhaust ventilation equipment. vii Powered plant and equipment that requires bespoke fitting and installation and is made up of more than a single item of equipment. e. Academies have a duty to ensure that when people are being protected by existing LEV equipment the legal requirements under the Health and Safety at Work etc Act 1974, the Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended) and the Management of Health and Safety at Work Regulations 1999 are complied with, in respect that all such equipment, including on-tool extraction, must have a thorough examination and test carried out and recorded at least every 14 months, by a competent person. f. All academies must ensure that the content of The Provision and Use of Work Equipment Regulations 1998 (PUWER) are adhered to in respect of the equipment resourced by, and used in, the academy, in that it must be: i Suitable for its intended use. ii Safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate. iii Used only by people who have received adequate information, instruction and training. iv Accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices. v Suitable and sufficient risk assessment must be completed for the use of equipment and machinery where there is a risk to the health and safety of the operator, or other people. Guidance: https://insight.tkat.org/1263/equipment-at-work g. Air conditioning systems: Mandatory documented leak checks apply to air conditioning and refrigeration equipment according to how much damage could be caused to the atmosphere if the whole charge were released. h. The frequency of the air conditioning system checks to be carried out is indicated in the table below and is dependent on the type and quantity of refrigerant used: Refrigerant (Global Warming Potential (GWP)) R410A (2088 GWP) >2.39kg once a year 23.9kg twice a year >239kg four times a year R407C (1774 GWP) >2.81kg once a year 28.1kg twice a year >281kg four times a year Page 27 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 R404A (3922 GWP) >1.27kg once a year 12.7kg twice a year >127kg four times a year R134a (1430 GWP) >3.49kg once a year 34.9kg twice a year >349kg four times a year R23 (14800 GWP) >0.3kg once a year 3.4kg twice a year >34kg four times a year R227ea (3220 GWP) >1.6kg once a year 15.5kg twice a year >155kg four times a year Note: The documentation and/or information plate/s for the system should indicate the type and quantity of refrigerant in the system. i. Only certified companies, employing properly qualified F-Gas engineers can complete the necessary checks. Inspection documents are to be retained whilst valid as proof of compliance. j. In addition to documented leak checks, all buildings that contain air conditioning systems totalling greater than 12kW must have a 5 yearly inspection carried out by an accredted air conditioning energy assessor in order to comply with The Energy Performance of Buildings (England and Wales) Regulations 2012. This will result in the issue of a TM44 Certificate. Failure to have the assessment completed, or failure to produce a valid TM44 Certificate is subject to financial penalties. Guidance: https://insight.tkat.org/4080/air-conditioning-systems k. Display Screen Equipment: Academies must comply with the requirements of the Health and Safety (Display Screen Equipment) Regulations 1992, in that they should initially consider which TKAT employees are Display Screen Equipment (DSE) “users” and then put in place the following arrangements: i The identification of TKAT employees who are Display Screen Equipment (DSE) “users” will be supported with full DSE work station assessments by each academy, where such employees have a fixed work station. A list of identified users will be kept with the assessments. The assessment of DSE workstations extends to include those that may be ‘off‐site’ for the management of working from home. ii Where individual risk assessments identify adjustments or adaptations to control risks those adjustments or adaptations should be provided by the academy where it is reasonably practicable to do so. iii Identified users of DSE are entitled to regular eye tests carried out by a competent person. The academy can choose to reimburse the individuals for these expenses or provide an appropriate voucher obtained through TKAT and re-charged to the academy. Guidance: https://insight.tkat.org/1184/display-screen-equipment-dse l. Lifts and Lifting Equipment: Lifts and Lifting Equipment are specialised equipment and should be subject to regular examination and maintenance programmes, consistent with the type and use of the equipment concerned. These are as follows: i Examination should be as part of a written scheme of examination as follows: 01 When the equipment is new, on commissioning. 02 Lifting equipment such as cranes, hoists, roller shutter doors, etc.: Annual examination. 03 Equipment for lifting people such as passenger lifts, scissor lifts, cherry pickers, etc.: 6 monthly examination. 04 Other (ancillary) equipment such as slings, shackles, strops, etc.: 6 monthly examination. 05 Immediately for all lifting equipment that has been subject to ‘exceptional circumstances’ in its use. Page 28 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ii All mobile lifting equipment must be visually checked before use. iii All users of specialised lifting equipment must be trained in its use before being allowed to use it. iv All users must ensure that they comply with the requirements of the Work at Height Regulations 2005 (as amended) and associated guidance. v It is recommended that where academies have lifts or lifting equipment they appoint a suitably competent contractor to maintain the equipment and crucially a different contractor to examine it. All examination records must be kept for the life of the equipment. Guidance: https://insight.tkat.org/1203/lifts-and-lifting-equipment m. Personal Protective Equipment: Personal Protective Equipment (PPE) is subject to the requirements of The Personal Protective Equipment Regulations 2002 and academies have duties regarding its supply, use, storage, maintenance and management. i. All PPE required to carry out any task will be identified from appropriate risk assessments (COSHH, DSE, Manual Handling, etc.). Only when all other forms of controlling the risks have been considered should PPE be used to reduce risk. Such PPE will then be: 01. Identified as being suitable for the task 02. Supplied to TKAT employees or pupils by the academy free of charge 03. Fitted correctly to ensure effectiveness 04. Used by the operator as intended by the manufacturer 05. Stored in a suitable and safe condition when not in use 06. Maintained and inspected to ensure its continued suitability for use 07. Replaced if deemed unsuitable for use ii. The academy will ensure suitable training is given for the use of PPE as required ensuring the correct use of the designated equipment. iii. TKAT employees should be aware that declining, or failing, to use PPE that they have been trained to use without having a valid reason, in the opinion of the Trust, may result in disciplinary action being taken. Guidance:https://insight.tkat.org/1214/personal-protective-equipment-ppe n. Pressure Systems: Pressure systems are subject to the requirements of the Pressure Systems Safety Regulations 2000 (PSSR) and deal with any plant or equipment that uses a “Relevant Fluid” and require mandatory periodic inspection with regard to the following: i A relevant fluid is: 01 A gas with a pressure >0.5 bar. 02 Steam at any pressure. ii Academies must arrange that pressure systems that use a relevant fluid are inspected within the maximum periods, as follows: 01 Air pressure systems - 26 months (normally 24 months) 02 Air steam boilers and boilers >100°C - 14 months (normally 12 months) 03 Refrigeration and air conditioning systems - 48 months 04 Steam generation equipment (autoclaves etc.) - 14 months (normally 12 months) 05 Steam receiving plant - 26 months (normally 24 months) 06 Other pressure systems - 12 – 120 months Dependant on vessel type, contents and application. Guidance: https://insight.tkat.org/1215/pressure-systems Page 29 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 16. Fire and evacuation a. TKAT general fire safety Policy is that effective fire safety within individual academies is best achieved through local fire safety Policy that best addresses the local issues in each academy, but is underpinned by a common fire safety management standard. To achieve this objective all TKAT academies are to ensure that from 1 September 2017 their local fire safety Policy and management conforms to TKAT Fire Risk Management System (FRMS) under the PAS 7:2013 Specification. b. With regard to, and in compliance with, The Regulatory Reform (Fire Safety) Order 2005, as occupiers, academies are to put in place a local fire and evacuation Policy and, based on a fire risk assessment of local conditions, a fire evacuation procedure must be devised and implemented. c. Each academy is required to include local objectives for fire safety within their local fire safety Policy, organisation and arrangements. d. Each academy must review their local fire safety Policy on an annual basis and commit within their Policy to continual improvement in local fire safety management. e. As an academy Fire Risk Assessment becomes due for review, or renewal, academies will be required to ensure that the assessment is compliant with the PAS 79:2012 Specification – ‘Fire risk assessment – Guidance and a recommended methodology’. Further guidance to be found in the HM Government publications, ‘Fire safety risk assessment: educational premises’ and ‘Fire safety risk assessment: means of escape for disabled people’ may be useful documents for academies to consult with regard to their fire risk assessment. f. In respect of The Regulatory Reform (Fire Safety) Order 2005 the ‘responsible person’ will be the person in each academy appointed by the relevant Local Governing Body as Academy Fire Safety Officer. g. Academies must ensure that they liaise with local emergency services with regard to: i. Arranging any necessary contacts with external emergency services, particularly as regards fire-fighting, rescue work, first-aid and emergency medical care. ii. In an emergency making available to relevant accident and emergency services the information required by articles 15 and 16 of The Regulatory Reform (Fire Safety) Order 2005 as follows: 01. Procedures, including safety drills, to be followed in the event of serious and imminent danger to relevant persons including: 1. details of relevant work hazards and hazard identification arrangements; and 2. specific hazards likely to arise at the time of an accident, incident or emergency; 02. What suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs. 03. Where the risk assessment indicates it is necessary, what escape facilities are provided and maintained to ensure that, in the event of danger, relevant persons can leave endangered places promptly and safely. 04. The location/s of where such information is displayed at the premises. iii. Co-operating with fire and rescue service inspectors whilst carrying out their duties. h. In addition to the local scrutiny of academy fire safety TKAT reserves the right, as the employer, to satisfy itself that general fire safety precautions, fire safety arrangements and fire evacuation procedures are maintained to an acceptable standard. Page 30 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 Guidance: https://insight.tkat.org/1192/fire-and-evacuation 17. First Aid a. With regard to, and in compliance with, The Health and safety (First-Aid) Regulations 1981 (as amended) academies are to put in place a local first-aid Policy and effective procedures based on an assessment of local need. b. Academies will need to assess numbers of first-aid personnel, training needs, equipment, accommodation and recording and reporting arrangements. c. Academies are to provide suitable first aid accommodation in order to cater for the medical and therapy needs of pupils, including— i. accommodation for the medical examination and treatment of pupils; ii. accommodation for the short term care of sick and injured pupils, which includes a washing facility and is near to a toilet facility; and iii. where an academy caters for pupils with complex needs, additional medical accommodation which caters for those needs. d. A pupil has “complex needs” if the pupil has profound and multiple learning difficulties in addition to other significant difficulties, such as a physical disability or sensory impairment, which require provision which is additional to or different from that generally required by children of the same age in schools other than special schools or by children with special requirements. e. In mainstream academies “additional medical accommodation”, as at c. iii, may mean suitable accommodation in order to cater for the medical and therapy needs of pupils. Some therapy can take place in a teaching space or in a small quiet room, such as an office. f. All staff must be informed of the first-aid arrangements in their locality: the location of equipment, facilities and first-aid personnel, and the procedures for monitoring and reviewing the academy’s first-aid needs. g. First aid locations are to be indicated by appropriate signage. Guidance: https://insight.tkat.org/1193/first-aid 18. Gas safety a. In order to ensure gas safety academies must ensure that they comply with the provisions of the following regulations: i. Pipelines Safety Regulations 1996 (PSR) ii. Gas Safety Installation and Use Regulations 1998 (GSIUR) iii. Provision and Use of Work Equipment Regulations 1998 (PUWER) b. In order to ensure compliance academies must: i. Ensure that the gas supply and associated distribution pipework is examined every 5 years as a minimum, or sooner as the result of a risk assessment, and as part of that examination all pipework and associated fittings are fit for purpose and safe for use, to the extent that: 01. All gas pipework is identified and appropriately labelled. 02. The pipework and fittings are undamaged (by physical damage or corrosion) and fit for purpose 03. Any pipework, or fitting, that is damaged, or not fit for purpose, is isolated wherever possible, pending repair/replacement. ii. Ensure that an annual gas safety check is carried out on each gas appliance/installation/flue and that records of such are retained by the academy. iii. Ensure that gas fittings and flues are maintained in a safe condition. Gas appliances must be serviced in accordance with the manufacturers’ instructions, or annually if these are unavailable. iv. Keep the record of all safety checks for a minimum of 2 years following the check. Page 31 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 v. Academies must ensure that all work completed on any part of the gas system is done so by a competent, qualified and “Gas Safe” registered person. The academy must ensure that proper checks are carried out to ensure the current status of the person concerned with regard to the ‘Gas Safe’ register. Academies are alerted to the fact that accepting a ‘Gas Safe’ identity/registration document alone may not be sufficient to verify compliance. Guidance: https://insight.tkat.org/1194/gas-safety 19. Health and hygiene a. Employees must follow manufacturers’ instructions printed on containers or packages and wear any protective equipment advised. Staff should consult their manager/supervisor where doubt exists. b. To reduce the likelihood of possible infection/disease staff should take the following precautions: i. Always wash hands before eating. ii. Barrier creams can help minimise infection, use where appropriate. iii. Seek first aid immediately for cuts and abrasions and report all cases of suspected work‐related illness. iv. Do not leave unwanted food lying around to encourage vermin (rats, mice, pigeons, etc.) and report any evidence of them. c. All academies are to undergo food hygiene inspections under the national Food Hygiene Rating Scheme. The frequency of inspection will be determined by the academy’s local authority. Inspections should not normally exceed three years in frequency. d. Academies (and any contractors) are required to achieve a minimum Food Hygiene Rating of 3 ‘Generally Satisfactory”’ Where this rating is not achieved local remedial measures must be put in place, in consultation with the Local Authority and as directed by the academy, to ensure the improvement to the quality of food hygiene in the areas identified. Guidance: https://insight.tkat.org/1260/health-and-hygiene 20. Hot Works a. Any maintenance or building works involving hot works has the potential to cause a serious fire and academies and the Trust must give proper regard as to the need to complete construction activities using hot work methods. b. Hot works involve many activities including, but not limited to; i. Plumbing with the use of heat guns and blow torches. ii. Welding and gas cutting. iii. Roofing activities using Liquefied Petroleum Gas (LPG) fuelled torches and bitumen burners. c. Where hot works are being considered a written assessment of the need to complete hot works must be undertaken and only where it can be shown that there is compelling evidence for the need to use hot work methods should such methods be employed. d. In planning works that could involve hot works academies and the Trust are to stringently follow the advice given in the Education Funding Agency (EFA) (now ‘Education and Skills Funding Agency ‘ (ESFA)) publication, ‘Fire risk during school maintenance or building works’, November 2016 and to make full use of the advice provided by the HSE on such matters. e. A Permit To Work (PTW) system for hot works must be in place for all such works. f. Academies are to inform the insurer prior to any proposed hot works in advance and in good time and provide the insurer with such documentation, in respect of such works, that the insurer requires. Page 32 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 Guidance: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file /570646/Fire_Fire_Risk_During_School_Building_Works.pdf 21. Legionella a Academies must take suitable precautions to prevent or control the risk of exposure to legionella, including, but not limited to: i Ensuring that a competent person is appointed to manage the health and safety risks from legionella, including the management of control measures. ii Ensuring that a suitable and sufficient risk assessment is carried out by an external competent contractor. iii Establishing any potential risks and implementing measures to either eliminate or control those risks. iv The risk assessment to be renewed every two years, or immediately as a result of any changes, or incident. b If an academy decides to employ contractors to carry out water treatment or other work, it is still the responsibility of the appointed competent person to ensure that the treatment is carried out to the required standard. c Academies must record any significant findings, including any groups of employees identified by it as being particularly at risk from legionella and the steps taken to prevent or control risks. Records should include details about: i The person or people responsible for conducting the risk assessment, managing, and implementing the written scheme. ii Any significant findings of the risk assessment. iii The written control scheme and its implementation. iv The results of any inspection, test or check carried out, and the dates. v Details about the state of operation of the system, i.e. in use/not in use. d Academies are reminded that records regarding legionella management should be retained for at least five years. e If an academy has a case of legionellosis in an employee who has come into contact with, or has worked on, water systems that are likely to be contaminated with legionella, the academy must report this under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). Guidance: https://insight.tkat.org/1201/legionella 22. Letting facilities a. Where academies let, or hire out premises, services or equipment they are to put in place a local Policy and procedures based on the premises, services or equipment offered. b. The Policy and procedures must include all health, safety and welfare provision associated with the let or hire. The responsibilities for provision must be made clear and drawn to the attention of the patron before a contract is entered into. c. The provision must include, but is not limited to, the following health and safety matters: i. A safe means of access and egress for the use of the hirers, and that all equipment made available to and used by the hirers is safe to use. ii. Fire escape routes and exits that are clearly marked for the benefit of unfamiliar users of the building, particularly during the hours of darkness; iii. Hirers of the building are briefed about the location of the telephone, fire escape routes, fire alarms and fire-fighting equipment. Notices regarding emergency procedures should be prominently displayed; Page 33 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 iv. Hirers of any equipment or facility provided by the academy are familiar with its safe use and, if necessary, briefed accordingly. Guidance: https://insight.tkat.org/1202/letting-facilities 23. Lone working a. In order to comply with Section 2 of the Health and Safety at Work etc. Act 1974 and Regulation 3 of The management of Health and Safety at Work Regulations 1999 it is important for all academies to ensure, so far as is reasonably practicable, the health and safety of TKAT employees who are required to work alone. b. To achieve this requirement academies are required to put in place a local lone working Policy in which the arrangements provide suitable and sufficient local health and safety provision for lone working. c. It is required that the arrangements contained within the Policy will include the control measures identified as a result of risk assessment of the particular lone working circumstances within the establishment including travel to and from work, where that travel has significant hazards that cannot be otherwise avoided. d. The duty for implementation, training, monitoring and reviewing the Policy and procedures is delegated to the Governing Body of each academy. Guidance: https://insight.tkat.org/1205/lone-working 24. Major Incidents a. Bomb threats and suspect packages are to be managed in accordance with the TKAT Bomb Threat Guidance. Where appropriate academies are to contact emergency services on 999 and then contact the TKAT Crisis Hotline: 08448 124 999. b. Academies are to devise local arrangements to manage threats that require a lockdown procedure. Such threats may include: i. A reported incident/civil disturbance in the local community (with the potential to pose a risk to staff and pupils in the academy). ii. An intruder on the school site (with the potential to pose a risk to staff and pupils). iii. A warning being received regarding a risk locally, of air pollution (smoke plume, gas cloud etc). iv. A major fire in the vicinity of the academy. v. The close proximity of a dangerous animal roaming loose. c. In response to a terrorist threat, guidance from the National Counter Terrorism Security Office (NaCTSO) is to be followed. d. Other major incidents that may occur should be notified to TKAT using the TKAT Crisis Hotline: 08448 124 999. Such incidents may include: i. Serious injury to a pupil or member of staff (eg transport accident) ii. Significant damage to school property (eg fire or burst pipes) iii. Criminal activity (eg severe vandalism or break in) iv. Severe weather (eg flooding, high wind damage) v. Public health incidents (eg flu pandemic) vi. The effects of a disaster in the local community Guidance: https://insight.tkat.org/1847/bomb-threat-guidance 25. Managing health and safety a. TKAT has adopted the Health and Safety Executive (HSE) HSG65 ‘Managing for Health and Safety’ in making judgements regarding the effectiveness of provision of health and safety in academies. Consequently, academies are advised to use the HSG65 framework of ‘Plan, Do, Check, Act’ in managing health and safety matters. Page 34 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 b. Management of fire safety in academies will be in accord with PAS 7:2013 (FRMS) which also uses the framework of ‘Plan, Do, Check, Act’ in managing fire safety matters. c. Academies are to have a Health and Safety Action Plan that is a ‘living’ document and is periodically updated by the academy to include action points from audits, inspections, surveys and assessments. Specific actions should be allocated to named persons in the action plan and a proposed completion date should be provided for each action point. Guidance: https://insight.tkat.org/1207/managing-health-and-safety 26. Manual handling a. In order to comply with the requirements of The Manual Handling Operations Regulations 1992 (as amended) all tasks requiring any lifting, twisting, pulling or other movement of materials or objects from one place to another, where there is the potential of a risk of injury, must be risk assessed. b. The vast majority of such manual handling tasks will be risk assessed within the overall risk assessment for that task. Where specific hazards are observed e.g. where the weight to be lifted exceeds 25kg, or where the distance of relocation is significant, or where the number of repetitive tasks is high, the tasks will be assessed formally in detail. Appropriate tools to carry out detailed manual handling risk assessments should be used. c. All TKAT employees must be made aware of the risks to their health and safety in completing manual handling tasks and be adequately trained to adopt the appropriate control measures to reduce the risk of injury. Such training is to be allocated as ‘mandatory’ on the Every system. d. Any TKAT employees who carry out complex, or unusual, manual handling tasks, e.g. manual handling persons, are to be provided enhanced manual handling training in respect of such duties. Guidance: https://insight.tkat.org/1208/manual-handling 27. Noise and vibration at work a. Academies have a duty to ensure that the effect of noise in the workplace is managed to effective levels. This issue is often underestimated within educational settings and is often likely to affect employees to a greater extent than pupils, as teachers and support staff are sometimes working for extended periods in noisy areas. Areas of particular concern are as follows: i. Music departments ii. Indoor physical education iii. Technology departments iv. Grounds maintenance b. Where noise levels are at, approaching, or above 80dB(A) (between the noise of a vacuum cleaner and a blender) the academy must take account of the noise hazard and the consequential risk to employees. There are separate set noise exposure limit values and daily and weekly upper and lower action values, where the academy is required to take certain actions to prevent, or reduce, exposure. These values can be obtained from Guidance L108 (2005) ’Controlling noise at work’. c. Where work is carried out that is liable to expose an employee to risk from noise a suitable and sufficient assessment of the risk created by that work to the health and safety of an employee shall be carried out. The risk assessment shall identify the measures that need to be taken to meet the requirements of The Control of Noise at Work Regulations 2005. d. It is important for academies to identify persons who use machinery or equipment that may cause harm through vibration. Examples of such equipment are as follows: i. Floor polishers Page 35 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 ii. Mowers iii. Grinders iv. Polishers v. Drills vi. Sanders vii. Hand held saws viii. Leaf blowers ix. Grass cutters e. Prolonged, or repeated, use of vibrating equipment is hazardous and can cause such injuries as Hand Arm Vibration Syndrome (HAVS), or Carpal Tunnel Syndrome (CTS), both of which can be severely debilitating. f. There are separate daily set vibration exposure limit values and action values for Hand Arm Vibration and Whole Body Vibration. The daily exposure limit value (ELV) is the maximum amount of vibration an employee may be exposed to on any single day and the daily exposure action value (EAV) is the level of daily exposure to vibration above which the academy is required to take certain actions to reduce exposure. The values for these levels can be obtained from the Guidance L140 (2005) ‘Hand arm vibration’. g. Where work is carried out that is liable to expose an employee to risk from vibration a suitable and sufficient assessment of the risk created by that work to the health and safety of an employee shall be carried out. The risk assessment shall identify the measures that need to be taken to meet the requirements of The Control of Vibration at Work Regulations 2005. h. Noise and/or vibration surveys and assessments must be completed by a competent person and commissioned, by academies where a hazard is apparent. Guidance: https://insight.tkat.org/1211/noise-and-vibration-at-work 28. Occupational health a. Each academy must ensure that adequate arrangements are made and provision is in place regarding occupational health services. These include provision for, but not restricted to: i. Pre-employment health checks. ii. Health surveillance (where identified by risk assessment). iii. Substance abuse support. iv. New and expectant mothers. v. Medical referrals, including work related stress support. b. Alcohol and drugs: i. The possession or use of illegal drugs or substances is prohibited to all TKAT employees and contractors on premises operated by the Trust. ii. Employees, parents, carers or visitors may not consume alcohol on academy premises, unless this has been agreed by the Headteacher/Senior Manager of the premises concerned. iii. Personnel who have been prescribed drugs that may affect their ability to work safely must inform their manager immediately iv. Any person found to be under the influence of an illegal substance, or alcohol, during working hours shall be required to leave the premises in a safe manner. v. Smoking of any substance is not allowed on any TKAT academy premises. Please refer to the TKAT Smoke Free Policy for further information. c. Health surveillance can be a legal requirement in a range of health and safety related matters, as a risk management control. TKAT employees may be subject to health surveillance measures when this control is indicated as a result of risk assessment. This includes the management of residual risks in the following areas: i. Noise ii. Night work Page 36 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 iii. Ionising radiation iv. Vibration v. Asbestos vi. Solvents vii. Dusts viii. Fumes ix. Biological agents x. Lead xi. Compressed air d. New and expectant mothers: i. Under these circumstances an appropriate risk assessment must be carried out by the academy in respect of the working conditions, physical, biological and chemical hazards, and the tasks undertaken by the pregnant women or nursing mothers ii. Particular attention should be paid to hazards such as ionising radiation, lead, mercury and pesticides. iii. Where required, additional or different control measures must be implemented by an academy, such as temporarily adjusting working conditions and/or hours of work. If necessary, the employee may need to undertake suitable alternative duties in order to mitigate any risks iv. Where the risk is significant and is not possible to control, TKAT may consider suspending a female employee from work on paid leave for as long as necessary, to protect her health and safety, and that of her child. v. Academies are to ensure that suitable and appropriate rest facilities are provided for pregnant women or nursing mothers to enable them to rest. Similarly, it is anticipated that as part of the risk assessment process it is likely that new or expectant mothers will need to go to the toilet more often. It is sensible to agree timing and flexibility of rest breaks with the employee. e. Should a problem arise which needs further clarification, TKAT retain the right to make a medical referral to an independent medical advisor selected by the Trust. Where this becomes necessary, the right of an employee to access any medical report is protected under the Access to Medical Reports Act 1988. This and any related information will also be kept in accordance with the requirements of the Data Protection Act 1998 at all times. Guidance: https://insight.tkat.org/1213/occupational-health-and-disability 29. Personal Injury a. On receipt of an intent to make a personal injury claim against an academy, or against an employee in relation to their TKAT employment, the Trust Head of Estates, Risk & Safety must be notified of the details of the proposed claim as soon as possible. b. Where there is an intent to make a personal injury claim of any nature the insurer’s processes for making such a claim are to be followed. Guidance: https://insight.tkat.org/3608/personal-injury 30. Premises a. Academies are to put in place arrangements for ensuring that academy premises and buildings are regularly checked and inspected in respect of the safety of such areas. This should include, but is not confined to: i. Perimiter fencing and security. ii. Doors and gates. iii. Roads, footpaths and walkways. Page 37 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 iv. Play areas. v. Social areas. vi. External sports areas. vii. Internal communal and circulation areas. b. Faculty/Department Managers are to ensure that their own curriculum areas are regularly checked for safety and that any issues/deficiencies are promptly reported for action. c. Academies are to put in place a works plan/programme for identified issues that cannot be immediately resolved and a schedule of planned maintenance for regular maintenance items. d. In order to comply with The Energy Performance of Buildings (England and Wales) Regulations 2012, academies with any building over 250m2 must have, a valid Display Energy Certificate (DEC) for each of such building which is displayed in a prominent place clearly visible to the public, in each such building. Additionally, where a DEC is required the academy must be in possession of a related Recommendation Report. Guidance: https://insight.tkat.org/4081/premises 31. Radiation (ionising and non-ionising) a. Sources of ionising radiation must be managed in academies in accordance with the requirements of The Ionising Radiations Regulations 2017 and any other relevant legislation. Academies that hold sources of ionising regulations are to take account of ACoP L121 (Second edition) ‘Working with ionising radiation’. b. As the ‘employer’ holding sources of ionising radiation TKAT will register as such with the HSE as such. There is no further action required from academies in the registration process. c. In complying with statutory legislation and the formulation of local rules regarding the management of sources of ionising radiation, academies must pay particular attention to the content of the Consortium of Local Education Authorities for the Provision of Science Services (CLEAPSS) publication, L93 ‘Managing Ionising Radiations and Radioactive Substances in Schools and Colleges, 2017’. d. For the use of ionising radiation appropriate written risk assessments must be completed by a competent person and reviewed periodically based on time and changes. e. Sources of ionising radiation must be stored at all times as required in ACoP L121. f. If academies use lasers for entertainment, theatre or public exhibition purposes they must consider the guidance to be found in the HSE publication, HSG95 ‘The radiation safety of lasers used for display purposes’ in planning and managing the event. g. All activities using lasers that may harm must have a written risk assessment completed by a ‘competent’ person. h. When using projectors and laser pointers academies should establish safe systems of work for teachers and pupils and give instruction on their adoption so that: i. Staring directly into the projector beam is avoided at all times. ii. Standing in the beam, whilst facing the projector, is minimised. Users, especially pupils, should try to keep their backs to the beam as much as possible. iii. In this regard, the use of a stick or laser pointer to avoid the need for the user to enter the projector beam is recommended. iv. Pupils are adequately supervised when they are asked to point out something on the screen. i. Academies must develop procedures for protecting staff and pupils from the effect of prolonged exposure to sunlight. Guidance: https://insight.tkat.org/1217/radiation-ionising-and-non-ionising Page 38 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 32. Recording and reporting arrangements a. There is a legal duty under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to report certain work-related accidents, industrial diseases and dangerous occurrences to the HSE. In short, these are: i. Work-related accidents which cause death; ii. Work-related accidents which cause certain serious injuries (reportable injuries); iii. Work-related accidents which cause an employee to be away from work or unable to perform their normal work duties for more than seven consecutive days iv. Diagnosed cases of certain industrial diseases; v. Certain ‘dangerous occurrences’ (incidents with the potential to cause harm). vi. Work-related accidents involving visitors or pupils must be reported if a person is injured, and is taken from the scene of the accident to hospital for treatment to that injury. There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent. b. There is also a requirement under RIDDOR to maintain a record of any work related accidents which cause an employee to be away from work or unable to perform their normal work duties for more than three consecutive days. c. Academies must ensure that there are written procedures in place, which have been communicated to all staff, to report and record all accidents, diseases and dangerous incidents, in order to be fully compliant with RIDDOR, the Social Security (Claims and Payments) Regulations 1979 and the Social Security Administration Act 1992. d. From 1 September 2018 all accidents and incidents are to be recorded electronically by academies on the Every system, or on another system provided by the Trust for that purpose. e. Academies may choose to retain paper records of accident and incidents if they so wish, but these will not replace the electronic reporting requirement. f. Where an academy enters into a service level agreement regarding recording and reporting arrangements, those arrangements and any complementary internal arrangements, taken as a whole, must meet the requirements of RIDDOR and the arrangements contained in this Policy. Academies should satisfy themselves that such arrangements are fit for purpose. Guidance: https://insight.tkat.org/1218/recording-and-reporting arrangements 33. Resolving Disagreements a. The academy/Trust Collective Grievance procedure will be used for grievances arising from health and safety issues raised by staff and safety representatives. b. Where a safety representative is of the opinion that there is immediate danger that demands urgent attention he/she shall have immediate access to an appropriate member of management. c. This arrangement shall form part of the Trust’s statutory Policy and be subject to joint review. Guidance: https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fd1aa6f 1bfe72bc4fd5cc ea458ea81d5cab6e205f4dbbe6128799.ssl.cf3.rackcdn.com%2Ftkat_insight%2 Fuploads%2Fdocument%2FTKAT-Grievance-Resolution-Policy-and Procedure.docx%3Ft%3D1480952729 Page 39 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 34. Risk assessment a. In order to comply with The Management of Health and Safety at Work Regulations 1999 (and other legislation) suitable and sufficient risk assessments must be completed and recorded with regard to the risks to the health and safety of TKAT employees at work and persons not in TKAT employment arising out of, or in connection with, the conduct by TKAT regarding their undertaking. b. Risk assessment should be completed where potential hazards have been identified with regard to, but not exclusively confined to: i. Processes and procedures ii. Equipment and materials iii. Premises iv. People v. Specialist matters c. All risk assessments must be completed by a ‘competent’ person. For the purposes of risk assessment ‘competent’ can be regarded as the combination of training, skills, experience and knowledge that a person has and their ability to apply them to perform the task safely. Where there is no ‘competent’ person/s within an academy to carry out routine risk assessments, provision for suitable training of staff must be put in place. d. For routine risk assessments the ‘5 steps to risk assessment’ model provided by the HSE should be followed. e. Pregnancy and post-natal risk assessments must be completed in line with the TKAT Maternity, Paternity, Adoption and Shared Parental Leave Policy respectively. All such risk assessments must be reviewed appropriately and recorded in writing. f. For specialist risk assessments academies should follow a hierarchy for provision: i. Use an in house ‘competent’ person to carry out the risk assessment, in the first instance, where such a person is employed at the academy. ii. Where no such person is employed at the academy consideration should be given to providing appropriate training to a suitable existing employee in order to establish competence, based on a need/cost analysis. iii. Where the need for a specialist risk assessment is urgent, or the cost of training an existing an employee to a ‘competent’ standard is disproportionate to the need, external risk assessment provision is to be procured. Guidance: https://insight.tkat.org/1220/risk-assessment 35. Safe systems of work a. Part of the employer’s general duty is to provide systems of work that are, so far as is reasonably practicable, safe and without risks to health. Safe systems of work must be identified through the risk assessment process. b. Individual academies are responsible for ensuring that the components of a system are in place locally that include: i. Co-ordination of the work of different departments and activities. ii. Training, instruction and supervision. iii. Layout of plant and equipment. iv. The method of using particular machines and of carrying out particular processes v. The instruction of trainees and inexperienced employees in particular tasks beyond their normal experience. vi. The sequence in which the work is to be carried out. vii. The provision of warnings, notices, and the issue of special instructions in particular cases. viii. The procedure for introducing changes into normally accepted routines and practices, including explanations of why the changes are necessary. ix. A contingency plan to deal with foreseeable emergencies. Page 40 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 x. An auditing or monitoring regime to ensure the system is working safely. xi. General conditions of the workplace. c. Academies are expected to manage hazards with at least the same degree of attention and with at least the same allocation of resources and priorities as they manage all other management functions such as, quality of education, human resources and budgetary matters. d. Academies should be aware that the principle of establishing and maintaining ‘safe systems of work’ is keenly regarded by enforcing authorities as a direct reflection of managerial competence and commitment. e. All higher risk activities are subject to having a written safe system of work in place and it being readily available to all TKAT employees concerned with the work. Guidance: https://insight.tkat.org/1221/safe-systems-of-work-including-ptw systems 36. Security a. Each TKAT academy has the responsibility for ensuring that suitable and sufficient local arrangements are in place to prevent unauthorised access to its premises at all times, so far as is reasonably practicable. b. From time to time access to specific areas within the TKAT academies may be restricted to authorised staff only, as identified by the assessments of particular hazards. Such restrictions must be clearly marked. c. All visitors to TKAT academies are required to sign in at reception. On the first visit to an academy a visitor will be made aware of the local emergency arrangements and of any alarm testing schedule. If the identity of the visitor is unclear the visitor must be asked for proof of identity before being allowed to proceed into any area of the academy. d. Visitors must always be accompanied within the academy, unless there are no children or vulnerable people in the academy at the time of the visit, or the visitor has been verified by the appropriate DBS check. e. Unauthorised visitors should be asked to leave the premises, but staff must be aware that they should not place themselves at risk in doing so. Assistance from local police should be sought if there is any concern regarding safety. Guidance: https://insight.tkat.org/1224/security 37. Slips and trips a. Accident statistics show that approximately a third of all staff injuries in academies result from slips, trips and falls. Even more significant is that about 80 per cent of all serious injuries to staff are caused in this way. Therefore, from an accident prevention viewpoint, academies must pay particular attention to adopting effective preventative measures to reduce occurrences of slips and trips. In order to reduce risk the following measures must be put in place: i. Academies must develop local cleaning, housekeeping and repair arrangements to ensure a clean, orderly, well maintained and uncluttered workplace. These measures should identify particular responsibilities and procedures. ii. Arrangements for the safe movement of people around the academy should be established and these should be communicated to staff and pupils. These measures should include provision for inclement weather and snow and ice. iii. Disposal of waste materials must be proactive and in accordance with the requirements of the local authority. Particular attention must be given to the safe disposal of hazardous waste. Page 41 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 iv. Appropriate training on slips and trips should be included within staff training requirements and preventative measures appropriately communicated to pupils (reporting spills and trip hazards, etc.) Guidance: https://insight.tkat.org/1225/slips-and-trips 38. Stress management a. Stress is our body’s response to pressures from a situation, or life event/s. Where stress becomes excessive it can impact on both physical and mental health thus causing a medical injury to the body. Where any such potential injury may be caused by work related stress, such stress must be assessed, managed and controlled. The HSE has identified that the Public Sector is most affected by workplace stress and in particular the Education Sector. b. It is incumbent upon every academy to make a suitable and sufficient assessment of the risks to the health and safety, in respect of the workplace stress, of TKAT employees. As the Trust employs five or more employees the academy is to record the significant findings of the assessment and must recognise any group of employees identified by it as being especially at risk. c. Such a risk assessment must be shared with all TKAT employees in the academy that it may affect, in whichever capacity, and must be shared with their health and safety Representatives. d. Where an academy risk assessment shows that any TKAT employees may be subject to workplace stress it is the duty of the respective Headteacher to ensure that such staff and their line managers are provided with adequate stress awareness training. e. At times employees could be under unacceptable levels of stress, either from the effects of their home life, from their duties at work, or a combination of both. It is sometimes impossible to reduce external stressors, therefore it is important that academies follow some key points to manage and minimise the levels of work related stress of TKAT employees, as follows; i. Line managers and senior managers should ensure that employees are able to cope with the demands of their jobs. ii. Employees should be able to have a say about the way they do their work wherever possible. iii. Adequate information and support should be provided from colleagues and superiors. iv. Employees must never be subjected to unacceptable behaviours, e.g. bullying at work. v. Managers and supervisors should ensure that employees understand their role and responsibilities. vi. Employees must be actively engaged and meaningfully consulted when the academy is undergoing any organisational change that may affect them. vii. Systems are to be in place locally to effectively respond to any individual concerns regarding any of the above matters. f. Academies must have suitable and sufficient provision in place for the management of workplace stress related illness. Where in doubt academies should follow the principles of the HSE ‘Management Standards for work related stress’. Guidance: https://insight.tkat.org/1226/stress-management 39. Supervision at work a. Academies must provide an adequate and appropriate level of supervision for TKAT employees, in that: i. Managers and Supervisors need to know what is expected from them in terms of health and safety. They need to understand the TKAT and Page 42 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 academy Health and Safety Policies, where they fit in, and how TKAT and the academy want health and safety to be managed. ii. Managers and supervisors may need training in the specific hazards of particular processes and how the academy expects the risks to be controlled. iii. New, or inexperienced people, as well as those whose first language is not English, are very likely to need more supervision than others. Academies must ensure that employees know how to raise concerns and that managers/supervisors are familiar with the possible problems due to unfamiliarity, inexperience and communication difficulties. iv. Managers and supervisors need to ensure that employees in their charge understand risks associated with the work environment and measures to control them. v. Managers and supervisors will need to make sure the control measures to protect against risk are up to date and are being properly used, maintained and monitored. b. Academies must make sure they have arrangements in place to check the work of contractors is being done safely and as agreed. c. Under the Management of Health and Safety at Work Regulations 1999, academies have a duty to ensure that young people (Under 18) employed by TKAT are not exposed to risk due to: i. lack of experience; ii. being unaware of existing or potential risks and/or iii. lack of maturity. d. With regard to young people employed by TKAT, all academies must consider: i. the layout of the workplace; ii. the physical, biological and chemical agents they will be exposed to; iii. how they will handle work equipment; iv. how the work and processes are organised ; v. the extent of health and safety training needed; vi. risks from particular agents, processes and work. e. These considerations should be straightforward in low-risk areas, for example in an office. In higher-risk areas the risks are likely to be greater and will need more attention to ensure that they are properly controlled. Guidance: https://insight.tkat.org/1227/supervision-at-work 40. Training and information a. All new employees of TKAT will receive Health and Safety Induction training. This will constitute familiarisation of their premises layout, including the location of all relevant health and safety items (e.g. fire exits, first aid points) and all local arrangements. b. All TKAT employees must be provided with the following mandatory health and safety training on the ‘Every’ management system: i. Fire Awareness (Education) training,which includes the recognition and use of fire extinguishers. (To be refreshed annually) ii. Manual Handling training (To be refreshed 3 yearly) c. All TKAT employees must be made aware of the content of this Health and Safety Policy, Organisation and Arrangements and relevant local policies and supporting procedures. These documents must be readily available to the employee. d. Where it is known that asbestos is present on the premises it is vital that all TKAT employees are instructed in the general procedure in the event of accidental damage to, or discovery of, Asbestos Containing Material (ACM). e. Individual staff health and safety training needs must be assessed by a line manager on appointment of the member of staff and then annually as a minimum. Where employees have significant changes to their role, or they change role, this assessment must be carried out at the time of the change. Page 43 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 f. Each academy is required to put in place a written health and safety training programme that identifies the specific health and training needs of particular duties carried out by their staff and the frequency of appropriate refresher training. g. Each academy is required to ensure that suitable and sufficient health and safety training has been undertaken by all staff consistent with the needs of their role. All training relating to health and safety is to be recorded and the record retained for a minimum of 3 years. COSHH training records (including legionella) must be retained for a minimum of 5 years. Asbestos training records must be retained indefinitely. h. If a member of staff declines to take part in health and safety training required for their role (in all cases induction health and safety training) the reason/s for declining the training must be provided by the employee. In such cases the matter should be investigated by the academy. i. Where a barrier to completing the training is identified, reasonable adjustments should be put in place to overcome that barrier, in order to allow the member of staff to partake in the training. j. Where an employee continues to refuse health and safety training further advice should be sought from the Head of Estates, Risk & Safety on the matter. k. TKAT employees should be aware that declining health and safety training without having a valid reason, in the opinion of the Trust, may result in disciplinary action being taken. l. TKAT will ensure that comprehensible and relevant information regarding health and safety compliance and best practice is provided to academies, on request, and that periodic health and safety advice and updates are published and distributed to academies. m. Each academy must ensure that it provides to TKAT employees comprehensible and relevant information on the risks to their health and safety identified by any risk assessment, including, but not limited to: i. Any preventive and protective measures in place. ii. The procedures to be followed in the event of serious and imminent danger. iii. The measures for fire-fighting in the workplace. iv. The identity of those persons responsible for the evacuation from the premises. n. Each academy must take all reasonable steps to inform any other employers concerned of the risks to their employees' health and safety arising out of or in connection with conduct by the academy. Guidance: https://insight.tkat.org/1228/training-and-information 41. Transport and vehicle management a. Academies must ensure that local arrangements are put in place for the safe use of transport operated by the academy. Measures that should be in place include: i. Designated drivers for minibuses, who hold the appropriate full driving licence and who have completed appropriate minibus driver safety training. ii. Arrangements for the management of servicing, maintenance, cleaning, insurance and, where required, MOT of all vehicles operated by the academy. iii. Procedures for the safe use of vehicles operated by the academy. b. Academies have the responsibility to risk assess local requirements relating to traffic/pedestrian safety and segregation. c. Academies are to ensure that parking facilities and areas that parking is not allowed are clearly marked. d. Academies are to ensure that adequate facilities for disabled parking are allocated, signed appropriately and managed. Page 44 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 e. TKAT employees are strictly forbidden from driving a vehicle on academy business whilst under the influence of alcohol or drugs. f. TKAT employees are strictly forbidden from using hand‐held mobile phones or similar devices whilst driving a vehicle on academy business. g. TKAT employees are required to follow all local arrangements for parking, or vehicle movement on their own, or host academy premises. h. Academies are to ensure that parking and vehicle movement restrictions are published to visitors and TKAT employees, where appropriate. Guidance: https://insight.tkat.org/1229/transport-and-vehicle-management 42. Violence at work a. Academies are required to put in place a local violence at work Policy in which the arrangements provide reasonably practicable local health and safety provision for reducing the risk of violence towards TKAT employees, or other persons that may be affected. b. It is expected that the arrangements contained within the Policy will include the control measures identified as a result of suitable and sufficient risk assessment of the particular working circumstances of employees and others within the establishment. Such circumstances may include: i. The possibility of violent behaviour by persons in the academy. ii. Situations that could escalate into violence if not managed effectively. c. The duty for implementation, training, monitoring and reviewing the Policy and procedures is delegated to the Governing Body of each academy. Guidance: https://insight.tkat.org/1231/violence-at-work 43. Welfare a. With particular regard to The Workplace (Health, Safety and Welfare) Regulations 1992, academies have the duty to ensure the following provision so far as it is reasonably practicable to do so: i. Welfare Facilities: 01. Suitable and sufficient toilets and hand basins, with soap and towels or a hand-dryer. 02. Safe drinking water. 03. A place to store clothing, where required, (and somewhere to change if special clothing is worn for work). 04. Somewhere to rest and eat meals. ii. Health issues: 01. Good ventilation – a supply of fresh, clean air drawn from outside, or a ventilation system. 02. A reasonable working temperature (usually at least 16°C, or 13°C for strenuous work, unless other laws require lower temperatures). Although there is no maximum legal workplace temperature, academies must take into account ACoP L24 where, if it is found that the workplace temperature is uncomfortably high, then all reasonable steps should be taken to achieve a lower temperature, for example; i. by insulating hot plants or pipes; ii. providing air-cooling plant; iii. shading windows; iv. siting workstations away from places subject to radiant heat. If a reasonably comfortable temperature cannot be achieved, local heating or cooling (as appropriate) should be provided. In extremely hot weather, fans and increased ventilation may be used instead of local cooling. Page 45 of 46 © The Kemnal Academies Trust 2021 H&S Policy 2021 03. Lighting suitable for the work being carried out. 04. Enough room space and suitable workstations and seating. 05. A clean workplace with appropriate waste containers. iii. Safety issues 01. Properly maintained premises and work equipment. 02. Floors and traffic routes kept free from obstruction. 03. Windows that can be opened and also cleaned safely. 04. Transparent (e.g. glass) doors or walls that are protected or made of safety material. Guidance: https://insight.tkat.org/1232/welfare 44. Work experience safety a. Academies that provide work experience as part of their work related learning curriculum must ensure that adequate measures are in place to manage that provision. Academies may choose to self-manage such provision, or work in partnership with a provider. Whichever is the arrangement, academies should ensure that either they, or their provider, are taking into account the guidance provided by TKAT. Guidance: https://insight.tkat.org/1233/work-experience-safety 45. Working at height a. Academies have a duty to manage work at height, in accordance with The Work at Height Regulations 2005, which requires academies to follow the hierarchy of controls; avoid, prevent, arrest: i. Consider if the work can be done safely from the ground. Fall restraints and safety netting should only be considered as a last resort if other safety equipment cannot be used. ii. Risk assess work at height. Assess the risks, take precautions, and issue clear method statements for everyone who will work at height. iii. Roof workmust have planned safe access, to prevent falls from edges and openings. iv. When considering fragile surfaces the hierarchy of controls for working on or near fragile surfaces is; avoid, control, communicate, co-operate. v. Consider when it is appropriate to use ladders and the three key safety issues; position, condition, safe use (no job longer than 30 minutes). vi. For using tower scaffolds; select the right tower for the job; erect, use, move and dismantle the tower safely, ensure that it is stable, inspect it regularly, prevent falls. vii. All employees required to work at height, or use work at height equipment, must be trained appropriately to carry out such duties. b. Where tasks involve work at height that could result in serious injury or death, e.g. high ladder/roof work, such works must be planned in advance by a ‘competent’ person and TKAT employees must be provided with a written Safe System of Work (SSoW)/method statement detailing the method of how the work is to be completed safely. Such work is also subject to a Permit To Work (PTW) being issued by an authorised person in the academy. Guidance: https://insight.tkat.org/1234/working-at-height Page 46 of 46 © The Kemnal Academies Trust 2021