Rank: Forum user
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Hi Guys
Can any one tell me what the statutory requirements a LA have to give to schools who fall under their employment (i.e. Community & VC schools) for health & safety.
Can we clarify if it is a legal requirement under the Management Regs for the LA to provide Generic risk assessments for the schools? (Job specific roles)
I am talking specifically LA schools and not Academy's, Foundation, VA, Independent etc....
Thanks in advance
Safeangel
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Rank: Super forum user
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It's a complicated issue with 'buy backs', service level agreements, and the 'who has what budget' situations that there are but generally I would say that the head / governors have the duty to risk assess as its they who are controlling the undertaking on a day to day basis
One problem with supplying generic example risk assessments is that people use these as their document/s without any further evaluation nor ownership thus collecting examples without anything else behind them
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Rank: Super forum user
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No its not a legal requirement for the LA to supply such things to an LA school
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Rank: Forum user
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Thanks for the replies.
It is a bit of a mind field regarding the statutory obligations for schools who fall under the LA control.
As LA's are the employers of these schools not the Heads/Governors.
Governors are classed as the employer for independent schools.
My thinking in terms of statutory obligations for LA's is that any updates from the HSE must be passed to schools and LA's must monitor the schools to ensure Heads are complying with the LA's SMS.
I assumed (never assume in health & safety!) they would have to supply the schools with the generic risk assessments as they are the employer???
Any one got any more ideas?
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Rank: Super forum user
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Safeangle.
I totally agree with your sentiments.
I was a Governor at a LA school for a number of years. The particular LA was determined to pass full H&S responsibility down to the school and were very upset when I pointed out official DfE guidance on the issue about their responsibilities as the TRUE employer.
Without trying to teach you to suck eggs have you seen these pages on the DfE web site?
http://www.education.gov...th-and-safety-in-schools
Shame about the disclaimer!
Brian
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Rank: Forum user
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Hi Brian
Thanks for the info, but it still doesn't really spell out what is required from the LA apart from the monitoring side.
All of our schools have been given all of their budget (none has been held back for Health & Safety training by the LA) which makes monitoring a nightmare and ensuring the schools have kept enough money back is another issue!!)
Safeangel
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Rank: Super forum user
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Not quite sure where you're coming from with these generic.job specific R/As.
For any LA (as with any employer) the details should be contained within the organisation and arrangements section of the H&S Policy/ Manual/whatever.
If it isn't written down then not only are you facing an uphill struggle, also the LA, school and Head Teacher are all potentially at risk should something go wrong. Responsibilities and accountabilities should be cleary written down for all to see and understand.
If things are so unclear, I suggest you many have go back to first principles with all managers concerned, covering the role and responsibility of you and your Team while your about it.
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