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#1 Posted : 10 October 2005 14:02:00(UTC)
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Posted By joe black I am working for a training provider who has made it clear in their contract to the Learning Skills Council that they will not be responsible for the Learners during their break times (post 16). Is there any requirement therefore for the Training Provider to provide a room for the Learners at break time, as there could be a supervision question if they do? My feeling is that the Learners should not be on the premises unsupervised. Can anyone help?
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#2 Posted : 10 October 2005 14:46:00(UTC)
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Posted By Linda Crossland-Clarke Hi The LSC operate on a "safe learner" concept, they require training providers to have an inhouse assessor that is trained to Unit D (part of the H&S Level 3 NVQ) which involves assessing suitablilty of workplaces. Also combining this with their recommended documentation "HASPS checklist" which is based on the workplace regs, I would say drawing all this info together you should have a recreational area for the lunch period. Taking this one step further, what is the LSC contact you deliver? NDDP? Special needs learners may be safer on the premises than off it, long term unemployed may not have the money to be able to go out and buy lunch. You could end up with a group of people congregated at the front of the premises all taking in the air or having a quick smoke! Readers, don't take this the wrong way please. But a group of certain types of people may not encourage other business users to enter your building - this may cause complaint to multi occupancy tenants. It could also result in late returnees for your courses. Just noting your email address, Dave Bristow works for your company and I do believe has visited most of your offices, he may be able to advise you on your particular circumstance. Regards Linda. SHE Knows.
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#3 Posted : 10 October 2005 14:53:00(UTC)
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Posted By joe black Many thanks, Linda, and I agree wholeheartedly with the above, but my main question is what happens about the supervision aspect? If the Company provide a room, but do not supervise it as per contract, who would be held responsible if an incident occurred in the room? Obviously from an ethical point I want to provide this room, but I need to ensure that I am not laying the Company open to any problems in the future!
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#4 Posted : 10 October 2005 15:09:00(UTC)
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Posted By Linda Crossland-Clarke Hi When I've audited providers in the past (and taken account of their client base) we came to the conclusion that we should provide a room with tables and chairs, we installed vending machinesand water dispenser, smoke detectors, and removed all sharp objects(self harm and potential weapons.) Although the trainees were not supervised, they were not officially left alone in the building as the provider always had one or two persons on reception or elsewhere. (Lone working needed to be considered also). As you state this lunch time they are not officially on programme, so you are not responsible for them. However, if any property damage occured, what would your insurers say? Maybe consult them also. If you are also working on a JC+ provision, ensure that any PARF docs are filled out with your supervision, as they ask lots of questions about supervsision of trainees etc and this could end up causing needless paperwork if someone interpereted them wrong. Regards Linda. SHE knows.
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#5 Posted : 10 October 2005 15:51:00(UTC)
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Posted By Jonathan Breeze Linda, I'm currently dealing with a circumstance involving broadly similar issues, so I'm interested in the thread responses. What do the abbreviations NDDP and PARF mean?
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#6 Posted : 10 October 2005 16:13:00(UTC)
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Posted By Linda Crossland-Clarke Hi NDDP= new deal, for disabled persons. PARF= the accident report forms that a provider has to notify JC+ on, when a participant is hurt. There's a PARF 1 & PARF 2. In theory the provider fills one in, the JC then send the other to the participant to fill in. I would say they then compair the two for credibilty. In practice, the provider gets them both and sits with the partcipant to fill them both in. The questions ask about where the participant was at the time of the accident, were they on the scheme?, were they supervised? What risk assessments had been undertaken. This caused a bit of a complication with the New Deal for Self Employed as, they are on a scheme, but not supervised and they are responsible for their own risk assessments, so how can the provider be responsible for them? What provision are you involved with? regards Linda
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#7 Posted : 10 October 2005 16:39:00(UTC)
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Posted By Jonathan Breeze Linda, Thanks for that clarification. I've no great wish to derail Joe's thread, but the issue I'm currently considering is the supervision of New Deal and JobCentre+ clients on minibus journeys between training venues. It seems a good idea to me (on so many levels) to ensure that these folks are supervised, yet I have recently come across some evidence that occasionally this is not occurring. I have a meeting scheduled with our delivery staff to discuss the issues and am therefore following this thread with interest.
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#8 Posted : 11 October 2005 14:39:00(UTC)
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Posted By joe black Hi Linda, many thanks for your advice! I feel that there is equal weight for the arguments of both providing and not providing a Lunch Break Room, under the Safe Learner Concept, and am therefore going to check out what the Insurers position is. Jonathan, as Child Protection rules can equally apply to Vulnerable Adults, I would say that unsupervised transport is to be avoided for the safety of yopur Learners. I appreciate that this might cause problems at a staffing level, but the situation needs to be addressed. Joe.
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