Health and Safety Authority's Role in Ensuring Workplace Safety

1. Health and Safety Authority SDPI Summer School 24 th of June 2010 Inspector Hilary Mooney B. Sc MBA

2. Key Information HSA Independent Regulatory Authority enacted under legislation Report to the Minister of Enterprise, Trade and Innovation Budget of 21m Employ approx 170 people across 4 Divisions

3. Our Role and Function Responsibility for securing the safety, health and welfare of everyone at work Monitoring of compliance with H & S legislation and enforcement where non-compliance occurs Promotion and implementation of measures to achieve this in all industry sectors e.g. Ag, Construction, Healthcare, Education, Hospitality

4. Legislation in Ireland Safety Health and Welfare at Work Act 2005 General Application Regulations 2007 Requirements on Employers Requirements on Employees Both parties bear responsibility and can be prosecuted in the event of an incident or accident No sectors are excluded from this legislation Criminal Prosecution (Summary Prosecution or Prosecution on Indictment)

5. Typical School Organisational Chart Board of Management (employer) Principal/Deputy Principal (Persons in control of place of work) Employees (Department Heads, Teachers, Special Education Needs Assistants, Maintenance Personnel, Office Staff) Other People at the school (Cleaners, Visitors, Contractors, Outside Maintenance Personnel, Students, Members of the Pubic) Safety management team (including Safety Officer (where appointed) , Safety Committee (including safety representative where elected) Whole School

6. Field Inspection Is there any documentation the school can use to devise these documents in-house? HSA/SCA/DES/SDPI are producing a set of Guidelines for use in schools. This will enable the school to generate a Safety Statement using the step-by-step information in the Guidelines. The Guidelines also include Risk Assessment templates so that staff members (best-placed) can use these to assess risk in their own classrooms.

7. Legal Requirements of the 2005 Act What is the schools legal obligation under the Safety Health and Welfare at Work Act, 2005? 1. Safety Statement 2. Safety Policy signed by Employer : Board of Management or the V.E.C. 3. Risk Assessment 4. Names of person in control i.e.; Principal/Deputy Principal 5. Name of Safety officer if appointed (not a legal requirement) 6. Name of Safety Representative appointed by staff (legal requirement; staff must be given the opportunity to appoint a person if they so wish) The inspector will want to see that the documents pertain to the activities being carried out in the particular place of work, and incorporate those who may be affected i.e. Pupils / Staff / Visitors etc.

8. Field Inspection What will happen during the inspection? The inspector will review statutory documentation required under the 2005 Act, pertaining to the activities being carried out in the school, and incorporating those who may be affected i.e. Pupils / Staff / Visitors etc. Approach will encompass: Advice in relation to current work practices /procedures Enforcement i.e. Report of Inspection

9. Guidelines for schools Aims to: Assist schools plan, organise and manage an effective safety and health management system. Help schools evaluate current policies and practices according to the legislative requirements and best practice standards. Enable schools write or update their safety statements. Enable schools create or update their risk assessments. Facilitate school management and employees with their respective roles in operating and reviewing safety and health best practice. Reduce the administrative burden on schools.

10. Guidelines- the sections Frequently Asked Questions are divided into the following sections: Legislation Safety and Health Management System Planning Roles and Responsibilities Safety Statement and Risk Assessment Accident Investigation and Reporting Further Information and Support

11. Guidelines- the sections Introduction Who should read these Guidelines? Essential Terms Why Manage Safety and Health? Who is responsible for Safety and Health in Schools? Board of Management Duties as employer Employee Duties Board of Management Duty of Care under Civil Law The Tort of Negligence Vicarious Liability Board of Management Duties under Occupiers Liability Types of Accidents and Incidents in Schools Managing Safety in Schools Step 1: Policy and Commitment Step 2: Planning Step 3: Implementation Step 4: Measuring Performance Step 5: Auditing and Review

12. Hazards and Risks in Schools How do we decide what is a hazard and what is a risk? Hazard: Anything that could cause harm Risk: Likelihood of an accident or incident occurring. e.g. Care taker mowing the school pitch e.g. Access to chemical store e.g. Servicing of Heating (Boiler System by competent person) Is it possible to give everything a risk rating? Risk Rating = High, Medium or Low Risk Likelihood of an event and the severity of the consequences

13. Accidents Incidents and Dangerous Occurrences Employee Accident Normal reporting procedure by telephone in event of fatality; by fax or on-line www.hsa.ie Student accident Separate reporting criteria; Reporting system remains the same Contact Workplace Contact Unit in the event of any ambiguity regarding accidents. (1890 289 389) Guidelines give appropriate method to investigate and record accidents

14. Accidents and Incidents: Statutory Reporting Requirement Should accidents to pupils be reported to the Health and Safety Authority? The following types of accidents to school pupils must be reported to the Health and Safety Authority, by the school either online at www.hsa.ie or on the Incident Report Form (IR1). A death or an injury that requires treatment by a registered medical practitioner, which does not occur while a person is at work, but is related to either a work activity or their place of work. This applies to pupils in certain circumstances. If the pupil is injured as a result of a work-related activity and requires medical treatment by a registered medical practitioner, this is reportable to the Health and Safety Authority. Example 1: if a pupil is injured when using a mallet and chisel during wood working class, and requires treatment by a registered medical practitioner, this is reportable. However, if a pupil trips in the school yard this is not reportable. Example 2: if a student trips during PE class and requires treatment by a registered medical practitioner, this is reportable. Where students are taken on school trips, they are considered to be a normal part of the work activities. Therefore, if a pupil is injured during the school trip and requires medical treatment this too is reportable. This therefore EXCLUDES, sports injuries sustained during school matches, school yard injuries, injuries from horseplay etc. The school must keep records of all accidents which occur for a period of 10 years.

15. Risk Assessments Listed Art Art Room Ceramics School excursions/day trips Art Fire Specialist rooms First Aid - Art Knives Manual handling Housekeeping Portable electrical appliances Housekeeping Canteen Canteen Hazardous Substances - Maintenance Fire First aid - canteen Manual handling- canteen Portable electrical appliances- canteen Housekeeping- canteen Other Sections include: Home Economics P.E. Science Technologies Maintenance Beauty Therapy Other activities Computers Cleaner Machinery General School Areas Student Considerations Blank Risk Assessment Templates

16. Education Strategy Why education ? Education Unit operates at two levels (i) Education system and (ii) Education sector Benefits of interventions in the formal education system: Learning influences/changes behaviour Learning can be measured Education can be delivered by others All future workers go through the education system

17. Curriculum Supports Curriculum Supports Choose Safety Senior Cycle programme Work Experience guidelines for teachers Technologies (lesson plans, posters, signage) S.P.H.E. HSE teaching resource Spirit of Enterprise Science and Technology in Action Junior Achievement (30k students, 3 years) Third Level: case studies, e-newsletter

18. Supports for Teachers/pupils E-learning: in partnership with www.alison.com Access through: www.alison.com/hsa Free to access, self-directed, self-paced learning: Technologies teachers Materials technology/Wood, Metalwork, Engineering Science teachers Principals/teachers /safety officers in schools Third level - construction-related courses Senior Cycle students (TY, LCA, LCVP students)

19. Serious Gaming Developing software games for a new generation of learners (15-/18 year olds) linked to curriculum how do they learn? readily accessible and understood link to social networking sites Will hosted on a third party website

20. Thank you. Any questions?