All schools are expected to be operating at full capacity from September, which means that risk assessments that are “suitable and sufficient” (the legal requirement) are crucial in helping keep them as safe as possible for both staff and students.
Employers - whether local authorities, trusts or governing bodies - have a legal duty under the Management of Health and Safety at Work Regulations 1999 to ensure that a suitable and sufficient risk assessment is in place covering the risks of operating during the continuing Covid-19 pandemic.
This should be a practical (not a paper) exercise. It is about:
· Identifying hazards in the school;
· Deciding who might suffer harm (including staff and students but also visitors, agency staff and contractors) and how this could happen;
· Evaluating the risk and deciding on appropriate and effective precautions;
· Recording the findings and making sure the necessary precautions are introduced;
· Monitoring and reviewing regularly and updating arrangements when necessary.
Risk assessment: Specific and dynamic
Risk assessments must be tailored to the individual school; there is no such thing as a one-size-fits-all assessment, so simply adopting a model is not an option for any employer.
Risk assessment is also a dynamic process and needs to be kept under regular review. Assessments for schools opening fully to all students in September should be revised in late August, to take account of the greater number of students compared with last term, and because the situation in some parts of the country in terms of the prevalence of the virus may have changed from the end of the summer term.
So how can staff judge whether the risk assessment for their school is adequate?
There is no expectation that staff should be experts in risk assessment but staff do have an in-depth understanding of their workplace and how it operates, and school management will generally wish to draw upon that experience to produce a risk assessment that leads to the safest possible work environment.
Indeed, there is a legal requirement to consult with union health and safety reps when drawing up a risk assessment and the NEU encourages its members to appoint a health and safety rep in every workplace.
Catching concerns
Concerns among staff about risk assessments could relate to many different factors.
It could be that union reps and staff feel excluded because they have not been consulted on the risk assessment; if this is the case it’s never too late for management to encourage involvement, particularly since the Covid-19 crisis is with us for the foreseeable future.
It may be that when considering the risk assessment, staff are unclear as to why particular activities have been described as “low”, “medium” or “high” risk.
If this is the case, management should be willing to justify how particular decisions were reached and to discuss further if concerns remain.
When issues arise
Staff may have concerns about the abilities of those who undertook the risk assessment. It is a legal requirement that a risk assessment is undertaken by a “competent person”.
This is defined by the Health and Safety Executive as someone with the necessary skills, knowledge and experience to undertake the role: no specific qualifications are required.
If reassurance is needed in this respect, the person or people who have undertaken the risk assessment could be invited to meet with staff to explain the process, so that it is as transparent as possible.
As the autumn term progresses, it may become apparent that the preventative measures in the risk assessment are no longer sufficient, perhaps in relation to PPE or staff at greater risk, or because of steep rises in infections in particular parts of the country.
In some cases, it could be that standards, for example in relation to cleaning or other hygiene arrangements, have slipped. Or perhaps unnecessary physical meetings are beginning to take place.
In all cases, the first step is for staff to flag up their concerns, discuss with school leaders, make constructive practical suggestions and work together to agree solutions.
This shouldn’t be about blame in the first instance. It could include sharing knowledge about what works well in other similar schools.
Encouraging reporting
School leaders should encourage staff to report any issues at the earliest opportunity and all staff should be made aware of the procedure for reporting concerns.
This term everyone will be struggling to adapt to these new circumstances and there is no doubt that risk assessments will need to adapt as the term progresses, the science develops, and the virus impacts more on some areas than others.
If any NEU members become concerned about the safety of their working environment, they can seek support from their local branch who will assist in resolving the situation. Guidance is also available from https://neu.org.uk/advice/coronavirus-members.
