Work Experience and the Law:
The Health and Safety at Work Act 1974 applies to all work activities and requires employers to protect, as far as is reasonably practicable, the health and safety of their employees as well as other people at work on their site, including contractors and work experience students.
Schools and Colleges have a statutory duty of care to protect, so far as is reasonably practicable, the health, safety and welfare of its students while on placement.
Employers, under the requirements of Regulation 3 of The Management of Health & Safety at Work Regulations 1999, must ensure that all work placements are covered by a suitable and sufficient risk assessment and that appropriate control measures have been adopted.
The Health and Safety (Training for Employment) Regulations 1990 ensures that learners doing work experience are covered by health and safety law.
Elevate Education Business Partnership work with employers and businesses to assess placements in line with the nine Health and Safety Procurement Standards (HASPS) which form part of an auditable pathway and supports employers, schools and colleges to meet their duty of care:
These nine standards are:
- Health & Safety Policy (written if more than 5 employees)
- Risk Assessment and includes arrangements for young workers
- Arrangements if Accidents occur and First Aid
- Supervision, Training of student and Information given
- Work Equipment and Machinery
- Personal Protective Equipment
- Fire and Emergencies (written if more than 5 employees)
- Working Environment
- Health & Safety Management
In addition, Employers Liability Insurance is required (as well as motor vehicle insurance if travelling) and any HSE enforcement actions should be considered.
Safeguarding – we advise that students are always supervised by trained and experienced staff. DBS checks on staff are not necessary for placements under a 15-day duration. For placements over this, then we can advise and process if necessary (based on lone working and risks). It is best practice though to know if staff are on any rehabilitation programmes or offender registers through in house HR processes. Students cannot be placed with staff who are on sex offender register or who are known to be on alcohol, drug or offender rehabilitation programmes. This also extends to any volunteers on site.
Volunteers – students can work alongside volunteers but must be supervised by paid staff (above also applies).
For each work placement, Elevate EBP produces a job description and headline young person risk assessment for school. Employers will receive a copy of this for their records.
http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made
https://www.legislation.gov.uk/uksi/1990/1380/contents/made
For further information, please do not hesitate to get in touch on 0151 330 5751 or email Joanne-Huddart@elevate-ebp.co.uk