Workplace (Health, Safety and Welfare) Regulations 1992 - Guidance for the Education Sector

CONTENTS

Introduction

Schools, colleges, universities etc

What you need to do

Key issues

References

Some useful publications from HSE Books for the education sector

Further information from HSE

Introduction

The Workplace (Health, Safety and Welfare) Regulations 1992 and their associated Approved Code of Practice (ACoP) and guidance (Ref 1) clarify and consolidate existing law. For the first time they establish a consistent set of standards for most workplaces including schools, colleges and universities. They replace earlier legislation which applied only to factories or offices and introduce some new elements, including requirements relating to windows and rest facilities (in particular dealing with provisions for non-smokers and pregnant and nursing mothers).

The Regulations already apply to new workplaces and modifications. From 1 January 1996 they also apply to existing workplaces.

Schools, colleges, universities etc

The Regulations expand upon the duties placed upon employers and those in control of premises by the Health and Safety at Work etc Act 1974 (Ref 2). Many of the requirements are being explicitly applied to education premises for the first time. They cover, among other things:

(a)health and safety in the workplace

(b)welfare facilities for people at work

(c)maintenance of the workplace.

They apply to all parts of the workplace (eg classrooms, offices, laboratories) and also deal with the grounds and common parts of buildings (corridors, stairs, car parks etc). They sit logically with other premises-related health and safety issues, such as asbestos, legionnaires' disease, building and property maintenance etc Further information from HSE

This leaflet will help employers and managers in the education sector to organise their health and safety priorities by outlining key issues and providing references to sources of further information.

What you need to do

(a)Look at the key issues identified in this leaflet. Consider the Regulations as they relate to your premises. Pay particular attention to those requirements which are new. Seek out further information and/or get expert help if necessary;

(b)Use your overall risk assessment (Management of Health and Safety at Work Regulations 1992) (Ref 3) to establish an action programme to implement the Regulations. This programme will provide an opportunity to revise existing arrangements for workplace maintenance;

(c)Arrange for sensible prioritisation and implementation timescales. Measure and review performance and then periodically audit the system generally.

Key issues

Maintenance (regulation 5)

The workplace and the equipment and devices mentioned in these Regulations need to be maintained in an efficient state, in efficient working order, and in good repair. This highlights the importance of systematic maintenance, particularly in those areas where failure could endanger site users.

Buildings, including mobile or temporary classrooms, should be in good repair and services should be in efficient working order.

Introducing proactive building maintenance systems, with identified priority action areas, may be helpful. Where appropriate, a suitable system of maintenance ensures that:

(a)regular maintenance including (as necessary inspection) testing, adjustment, lubrication and cleaning is carried out at suitable intervals;

(b)any potentially dangerous defects are remedied and access to defective equipment is prevented in the meantime;

(c)regular maintenance and remedial work is carried out properly; and

(d)a suitable record is kept to ensure that the system is properly implemented, and to assist in validating maintenance programmes.

The working environment (regulations 6, 7, 8, 9 and 10)

These Regulations deal with the physical characteristics of the immediate workplace environment and (in conjunction with the ACoP and guidance) determine minimum standards covering such matters as:

(a)ventilation

(b)temperature

(c)humidity

(d)lighting

(e)cleaning

(f)room dimensions and space.

For most indoor workplaces the combined effect is to establish a need for:

(a)reasonable comfort

(b)reasonable cleanliness

(c)proper illumination

(d)adequate free space.

The temperature in workrooms should normally be at least 16 degrees Centigrade.

The total volume of the room, when empty, divided by the number of people normally working in it should be at least 11 m3 (measured up to three metres from the floor). This figure does not apply to teaching areas or meeting rooms, kiosks or shelters.

The environmental aspects of the Regulations apply to the workplace, although existing education standards for students' working space, temperature and ventilation etc may be relevant. For example, detailed specifications for lighting and thermal environment are set out in the Department of Education and Science (DFEE) Design Note 17 Guidelines for environmental design and fuel conservation in education buildings (Ref 4).

Great care needs to be taken when temporary portable appliances are brought in during extremes of hot or cold weather, particularly in mobile classrooms. Portable gas heaters, for example, can cause fire, explosion and toxic risks and their use as a permanent form of heating is not recommended.

Using extra electrical heaters/ventilators also needs careful monitoring to guard, among other things, against electrical overload.

Redecoration may be required when the internal finishes of a workplace can no longer be kept sufficiently clean.

In some educational workplaces (pottery studios, laboratories, workshops etc) there may be particular health and safety aspects relevant to the cleaning process. These need to be addressed with reference to assessments made under the Control of Substances Hazardous to Health Regulations 1994 (Ref 5).

Floors and traffic routes (regulations 12 and 17)

Educational establishments have to cater for the access, egress and movement of staff, students and visitors either as pedestrians or in vehicles arriving at or leaving the site. Delivery vehicles may also need site access.

For site traffic, routes need to be properly organised to allow for pedestrians and vehicles to circulate safely. The ACoP gives advice regarding the separation of people and vehicles and also pedestrian crossings, loading bays and traffic signs.

Surfaces and floors need to be suitable for their purpose and kept free from hazard or obstruction, which may cause a person to trip or fall. Pay particular attention to:

(a)holes, bumps or uneven areas

(b)snow and ice on external walkways

(c)drainage systems where appropriate

(d)arrangements for dealing with spillages

(e)precautions pending repair, eg barriers, re-routing etc.

Schools in particular have to accommodate large-scale movements of people often concentrated into short periods of time. Many accidents in the education sector result from slips, trips and falls in main corridors. The number of carpeted areas have tended to increase in recent years, and it is important to ensure that 'wear and tear' on these and other floor surfaces is properly identified and repaired as necessary.

Open sides of staircases need to be fenced including an upper rail at least 900 mm high. In schools with open stairwells or open balconies, extra provision may be needed by way of additional guarding and strict supervision to prevent falls over barriers/handrails.

Particular care needs to be taken of everyone who may use or have access to the premises. This may include very young children or people with disabilities.

Falls and falling objects (regulation 13)

The aim is to prevent people from falling from edges and to prevent objects from falling onto people. The ACoP deals with a variety of such issues, including the provision of fencing or covers, fixed ladders, roof work, stacking and racking and scaffolding. As a guide, secure fencing will always be necessary where someone could fall two metres or more but any risk of falls below that level also needs to be properly assessed. Education employers and those in control of premises will need to consider how to plan roofwork, for example, and access to heights in general (gutter cleaning, drama studio lighting, putting up displays etc).

Windows, doors, gates and walls (regulations 14, 15, 16 and 18)

The Regulations go into some detail on these facilities. In particular, any door or gate which can be pushed open from either side should allow for a clear view of the area close to both sides. The exact location of any 'viewing panel' needs to take account of the occupants of the building, which may include young children or wheelchair users. It is important to consult the Fire Authority where 'fire doors' are involved.

Windows, and transparent or translucent surfaces in walls, partitions, doors and gates may, in certain locations, pose a risk of injury. Where necessary, for reasons of health or safety, vulnerable areas will need to be identified and unless made up of safety material, be otherwise protected against breakage. Transparent or translucent areas may also need to be marked or incorporate features to make them apparent, ie to stop people bumping into them. The risk will need to be assessed taking into account all relevant factors such as the location of the glazing, the activities taking place nearby, the volume of traffic and pedestrians and any previous incidents. If there is no significant risk, no further action will be required. Where the need for action is identified it needs to be tailored to the degree of risk revealed by the assessment. Some suggested actions are:

(a)reorganising traffic routes and walkways

(b)putting up suitable barriers or screens

(c)upgrading the glazing with safety film

(d)limiting the area of glazing

(e)replacing the glazing with safety material.

Safety material includes transparent or translucent materials which are inherently robust such as polycarbonates; glass which if it breaks, breaks safely (eg 'safety glass'); and also annealed glass which is thick enough in relation to its area to be regarded as safe. The ACOP provides further information on appropriate materials. Simple devices for determining glass thickness and type in-situ are now commercially available.

Windows, skylights and ventilators which are provided for the purpose of ventilation need to be capable of opening, closing or adjustment without risk to health and safety. This is particularly important in the case of windows which open into other areas where people may pass, eg ground floor windows which open onto school playgrounds. The position of the window when open needs to be considered not only in terms of potential obstruction but also in relation to bodily contact with a glazed area.

Additional controls or devices may be necessary to protect against falls from heights through or out of a window.

Arrangements should be made to ensure that window cleaning can be done safely. This may be by virtue of design, construction or position. Additional features to the building may be necessary to allow for use of window cleaning equipment, eg suitable conditions for use of mobile access equipment, anchorage points for safety harnesses etc. The ACoP provides more detail (see also Refs 6 and 7 for further guidance on safe window cleaning and access equipment).

Welfare provisions (regulations 20 to 25)

Duty holders are required to provide welfare facilities only for people at work. Minimum numbers of facilities are set out in the ACoP and range from one WC and one wash station for five people at work to five WCs and five wash stations where 100 people are at work. It is important to ensure that the facilities are kept in a clean and orderly condition, and are adequately ventilated and lit.

Welfare provisions for schoolchildren are dealt with by the Education (School Premises) Regulations 1981, SI 1981/909, supported by DFE administrative memorandum 2/85 Construction standards for maintained educational buildings in England and Welsh Office administrative memorandum 3/85 Construction standards for maintained educational buildings in Wales . The School Premises General Requirements and Standards (Scotland) Regulations 1967 apply in Scotland. Most LEAs have directives or standing orders covering sanitary conveniences and washing facilities.

In schools, staff and student provision will normally be separate. However where facilities are shared, at some universities for example, it is recommended that the number of facilities are increased as necessary to ensure that staff can use them without undue delay.

An adequate supply of drinking water needs to be readily accessible and, unless in the form of upward drinking jets, suitable cups or other drinking vessels should be provided. Where a direct water supply is not available then the use of refillable and closed containers is acceptable. Such containers should be refilled at least daily. Chilled water dispensers and bottled water purchased in pre-packed containers are also acceptable.

The Regulations deal with the provision of staff rest areas and rest rooms, and also the secure storage of staff outdoor clothing. Rest facilities for pregnant women and nursing mothers need to be near to the sanitary conveniences and where necessary include the facility to lie down.

Rest areas and rest rooms away from the workplace should include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke.

References

  1. Workplace (Health, Safety and Welfare) Approved Code of Practice and Guidance L24 1992 HSE Books ISBN 0 7176 0413 6
  2. Health and Safety at Work etc Act 1974 , HMSO ISBN 0 10 543774 3
  3. Management of health and safety at work Approved Code of Practice L21 1992 HSE Books ISBN 0 7176 0412 8
  4. Guidelines for environmental design and fuel conservation in education buildings (to be replaced in 1996 by a new building bulletin) Design Note 17, DES (now DFEE), Architects and Building Branch ISSN 0141-2825
  5. General COSHH ACoP (Control of substances hazardous to health) Carcinogens ACoP (Control of carcinogenic substances) and Biological agents ACOP (Control of biological agents) . Control of Substances Hazardous to Health Regulations 1994. Approved Codes of Practice 1995 ISBN 0 7176 0819 0
  6. Prevention of falls to window cleaners GS25 1991 HSE Books 1991 ISBN 0 11 885682 0
  7. Suspended access equipment PM30 HSE Books 1983 ISBN 0 11 883577 7

Some useful publications from HSE Books for the education sector

  • Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and guidance 1992 ISBN 0 7176 0413 6 £5.00
  • Managing health and safety in schools 1995 ISBN 0 7176 0770 4 £4.95
  • The responsibilities of school governors for health and safety 1992 ISBN 0 7176 0436 5 £3.50
  • Safety policies in the education sector Revised 1994 ISBN 0 7176 0723 2 £5.00
  • Health and safety management in higher and further education: Guidance on inspection, monitoring and auditing 1992 ISBN 0 11 886315 0 £3.00

Further information from HSE

  • The prevention or control of legionellosis (including legionnaires' disease) L8 (Rev) Approved Code of Practice HSE Books 1995 ISBN 0 7176 0732 1
  • Passive smoking at work IND(G)63(L) (Rev) HSE Books 1993 (free)
  • Ventilation of the workplace EH22 (Rev) 1988 HSE Books ISBN 0 7176 0551 5
  • Lighting at work HS(G)38 HSE Books 1987 ISBN 0 7176 0467 5
  • Seating at work HS(G)57 HSE Books 1991 ISBN 0 11 885431 3
  • The safe use of ladders, step ladders and trestles GS31 HSE Books 1984 ISBN 0 11 883594 7
  • Managing health and safety in schools HSE Books 1994 ISBN 0 7176 0770 4
  • Health and safety management in higher and further education: Guidance on inspection, monitoring and auditing HSE Books 1992 ISBN 0 11 886315 0
  • British Standard BS 6180: 1982 Code of practice for protective barriers in and about buildings.
  • BS 6206:1981 Impact performance requirements for flat safety glass and safety plastics for use in buildings.
  • BS 6262:1982 Code of practice for glazing in buildings
  • New and expectant mothers at work : A guide for employers HS(G)122 1995 HSE Books ISBN 0 7176 0826 3
  • Workplace health, safety and welfare: A short guide for managers IND(G) 70L HSE Books 1994 (free)

This leaflet is available in priced packs of 15 from HSE Books, ISBN 0 7176 1049 7.

HSE priced and free publications are available by mail order from: HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS, tel 01787 881165, fax 01787 313995. HSE priced publications are also available from good booksellers.

For other enquiries: ring HSE's InfoLine Tel: 0541 545500, or write to HSE's Information Centre, Broad Lane, Sheffield S3 7HQ

This guidance is prepared, in consultation with HSE, by the Education Service Advisory Committee which was appointed by the Health and Safety Commission as part of its formal advisory structures. The guidance represents what is considered to be good practice by the members of the Committee. It has been agreed by the Commission. Following this guidance is not compulsory and you are free to take other action. But if you do follow this guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice.This publication may be freely reproduced, except for advertising, endorsement or commercial purposes. The information is current at 5/96. Please acknowledge the source as HSE.

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