I travelled to Rednal, near Birmingham on Friday for the one-day annual Health and Safety seminar held by my union, the NASUWT. I am the Fife Health and Safety rep for the union and although I have extensive experience in industry of managing risk, with executive responsibility for Health and Safety in aerospace, it struck me as a good opportunity to bring myself up to speed with these matters in the context of Education.
Building and refurbishing schools
After an address by Paula Roe, Junior Vice President and Mick Lyons, Chair of the Health and Safety Committee, we heard from two keynote speakers on “Health and Safety considerations when building and refurbishing schools”.
Although Health and Safety legislation is UK-wide, the speakers were very much involved in English Programmes for new buildings and what seems to me to be massive outsourcing of educational provision in Birmingham. This part of the seminar, interesting as it was, was of little relevance to Scotland: despite that, most of the questions from the floor were from the Scottish reps! It was worth picking up the links to Learning Through Landscapes, a charity which helps schools make the most of outdoor spaces. The Scottish equivalent is called Grounds for Learning.
Risk Assessment of Disruptive Pupils
The first of two good practice seminars was led by Mick Lyons and Jim Quigley of the union’s excellent legal team. We were given an overview of the principal legal framework, which is the same Health and Safety at Work Act 1974 (as amended) with which I have become closely acquainted in industry and as an employer, together with the Management of Health and Safety at Work Regulations 1999, which is a little less familiar. Key elements of the legislation in context of education are worth highlighting:
- Staff obligations – incidents involving verbal and physical violence must be reported
- Schools must have a written Health and Safety policy which includes risk assessment procedures
- Schools must have a written behaviour management policy which includes clear and detailed procedures for pupils and staff
- Risk assessment of specific pupils, once requested, must be completed correctly by a competent person
- Where schools fail to have due regard for the health and safety of members, a ballot for a “refusal to teach” certain pupils may be taken
There is extremely helpful guidance for school leaders and staff published by the DfES (remember this is UK law, so applies in Scotland, just read “Local Authority” instead of “LEA” for State Schools), in particular the Guidance document DfES/0803/2001 (57kB MS Word). A good example of an incident reporting system is operated by Essex County Council. The NASUWT publishes a useful and relevant guide to risk assessment of violent and abusive behaviour. The Health and Safety Executive publish their own guide, “Five steps to risk assessment” (pdf).
Teachers’ Mental Health
After lunch, we were given an overview of the results of a study into teachers’ mental health by Gerard Leavey, who conducted the research on behalf of Compass. The report of the findings can be found here. The delegates heard from NASUWT Deputy General Secretary Dr Patrick Roach, who also spoke about the case of Peter Harvey: whose highly publicized attack on a pupil with a 2kg weight resulted in his spending 18 months in custody awaiting trial for attempted murder. This charge was dismissed and Peter ended up with 2 years conditional community service and his career and life in ruins, resulting from (this is my interpretation, not an official pronouncement):
- systematic failure of the school to deal with poor behaviour by pupils
- video recording equipment including mobile phones being available by prior arrangement of the pupils involved in the provocation of the teacher
- failure of management to support teachers’ wellbeing
Dr. Roach reminded us that the HSE has identified teaching as one of the most stressful occupations.
Banning mobile phones in school
In the questions that followed the presentation, there was a repeat of the call for a banning of mobile phones in school, which I did not have the opportunity to address at the time, but which I spoke with Dr. Roach about afterwards. It is my view that such a call would be damaging to the union and its members as an extreme and unreasonable knee-jerk reaction to situations such as Mr. Harvey’s. We should be supporting the use of new technology in teaching and learning and mobile phones have a place: I frequently use them in teaching my subject and do so in a controlled exemplification of responsible use. Where they are not appropriate, their use is managed using school discipline procedures including confiscation and sanction. this is a more intelligent call: that the union expects schools to have appropriate processes and support from managers in place to mitigate risk at the same time as embracing the advances in technology which pervade pupils’ lives to their better education and engagement. I offered Dr. Roach my support in helping the union support teachers intelligently in this regard.
Management of Health & Safety in Schools
The final seminar of the day for me was led by Jo Crickson, who again set out the legislative framework within which H&S should be managed in schools in the UK. Her panel offered useful advice and discussion on how to develop appropriate management of health and safety in schools, including:
- ensuring that there is an active health & safety committee
- conduct audits every term
- include pupils
- conduct appropriate risk assessments
Most useful is her reference to the so-called “six-pack” of UK Health and Safety regulations which all schools must comply with (including in Scotland). The interesting thing about the Wikipedia entry for these regulations is this:
“Breach of the regulations is a crime, punishable on summary conviction with a fine of up to £400. If convicted [...] an offender can be sentenced to an unlimited fine.”
These regulations are made under the Health and Safety at Work Act, 1974.
Conclusion
There’s a lot to keeping yourself healthy and safe as a teacher: the most important thing is to be aware of your duties to yourself; to report relevant incidents properly; and to be aware of what you can expect your employers – i.e. your school management team in the first instance – to be doing under the law.
Finally, notice that the law treats pupils as visitors to the premises as far as the Health and Safety legislation is concerned. If one abuses you then you are entitled to the same recourse as if it were any other visitor to the school.
A whole day of excellent education and development. 12 hours including review and write-up. Further follow up may be required.