Wilor Academy Health & Safety General Duties of Employers and Employees at Work (WAP015)

Health and Safety at Work Act 1974

(Elizabeth II 1974. Chapter 37)

Includes Appendix 1: Duty of Care to Students

Wilor Academy is committed to the following Health and Safety legislation to its employees according to the Health and Safety at Work Act 1974.

 General Duties

General duties of employers to their employees

  1. (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular

  • the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
  • arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
  • the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
  • so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and from it that are safe and without such risks;
  • the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.

(3) Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.

(4) Regulations made by the Secretary of State may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and shall have such other functions as may be prescribed.

(5) Regulations made by the Secretary of State may provide for the election in prescribed cases by employees of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and may have such other functions as may be prescribed.

(6) It shall be the duty of every employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to cooperate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.

(7) In such cases as may be prescribed it shall be the duty of every employer, if requested to do so by the safety representatives mentioned in subsections (4) and (5) above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees and such other functions as may be prescribed.

General duties of employers and self-employed to persons other than their employees

  1. (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

(3) In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety.

General duties of persons concerned with premises to persons other than their employees

  1. (1) This section has effect for imposing on persons duties in relation to those who:
  • are not their employees; but
  • use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there, and applies to premises so made available and other non-domestic premises used in connection with them.

(2) It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.

(3) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to:

  • the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or
  • the safety of or the absence of risks to health arising from plant or substances in any such premises; that person shall be treated, for the purposes of subsection (2) above, as being a person who has control of the matters to which his obligation extends.

(4) Any reference in this section to a person having control of any premises or matter is a reference to a person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

General duty of persons in control of certain premises in relation to harmful emissions into atmosphere

  1. (1) It shall be the duty of the person having control of any premises of a class prescribed for the purposes of section 1(1)(D) to us the best practicable means for preventing the emission into the atmosphere from the premises of noxious or offensive substances and for rendering harmless and inoffensive such substances as may be so emitted.

(2) The reference in subsection (1) above to the means to be used for the purposes there mentioned includes a reference to the manner in which the plant provided for those purposes is used and to the supervision of any operation involving the emission of the substances to which that subsection applies.

(3) Any substance or a substance of any description prescribed for the purposes of subsection (1) above as noxious or offensive shall be a noxious or, as the case may be, an offensive substance for those purposes whether or not it would be so apart from this subsection.

(4) Any reference in this section to a person having control of any premises is a reference to a person having control of the premises in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not) and any duty imposed on any such person by this section shall extend only to matters within his control.

General duties of manufacturers etc. as regards articles and substances for use at work

  1. (1) It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work
  • to ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to health when properly used;
  • to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph;
  • to take such steps as are necessary to secure that there will be available in connection with the use of the article at work adequate information about the use for which it is designed and has been tested, and about any conditions necessary to ensure that, when put to that use, it will be safe and without risks to health.

(2) It shall be the duty of any person who undertakes the design or manufacture of any article for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the design or article may give rise.

(3) It shall be the duty of any person who erects or installs any article for use at work in any premises where that article is to be used by persons at work to ensure, so far as is reasonably practicable, that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used.

(4) It shall be the duty of any person who manufactures, imports or supplies any substance for use at work

  • to ensure, so far as is reasonably practicable, that the substance is safe and without risks to health when properly used.
  • to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph.
  • to take such steps as are necessary to secure that there will be available in connection with the use of the substance at work adequate information about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that it will be safe and without risks to health when properly used.

(5) It shall be the duty of any person who undertakes the manufacture of any substance for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the substance may give rise.

(6) Nothing in the preceding provisions of this section shall be taken to require a person to repeat any testing, examination or research which has been carried out otherwise than by him or at his instance, in so far as it is reasonable for him to rely on the results thereof for the purposes of those provisions.

(7) Any duty imposed on any person by any of the preceding provisions of this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not) and to matters within his control.

(8) Where a person designs, manufactures, imports or supplies an article for or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the article will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed by subsection (1)(A) above to such extent as is reasonable having regard to the terms of the undertaking.

(9) Where a person (“the ostensible supplier”) supplies any article for use at work or substance for use at work to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier

  • carries on the business of financing the acquisition of goods by others by means of such agreements; and
  • in the course of that business acquired his interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”),

The effective supplier and not the ostensible supplier shall be treated for the purposes of this section as supplying the article or substance to the customer, and any duty imposed by the preceding provisions of this section on suppliers shall accordingly fall on the effective supplier and not on the ostensible supplier.

(10) For the purposes of this section an article or substance is not to be regarded as properly used where it is used without regard to any relevant information or advice relating to its use which has been made available by a person by whom it was designed, manufactured, imported or supplied.

General duties of employees at work

  1. It shall be the duty of every employee while at work:
  • to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and
  • as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

Appendix 1: Duty of Care to Students

We are dedicated to ensuring the health and safety of our students through a robust set of duties of care. This involves providing a secure and hazard-free environment, implementing comprehensive health and safety policies, and maintaining vigilant supervision during all college activities. We ensure that first aid facilities are readily accessible, and staff are trained to handle medical emergencies. Our commitment extends to health education, promoting hygiene, nutrition, and physical activity, as well as supporting mental health through counselling and anti-bullying initiatives. We actively encourage the reporting of safety concerns and regularly practice emergency response procedures in order to create a safe, healthy, and supportive learning environment for every student.

 

Students are expected to comply with the following principles as preventative measures for health and safety:

IN CASE OF FIRE – What to do

In case of fire, or sounding of a fire alarm, all students should carry out the following procedures.

  • Any person discovering an outbreak of fire should immediately sound the nearest fire alarm by breaking the glass. The fire alarms are ‘simultaneously linked’ and when the glass panel is broken on one alarm the fire bells will automatically ring on all floors.
  • The switchboard operator, the Receptionist, on hearing a fire alarm, should immediately dial 999 and request ‘Fire Service’. They should, when connected with the Fire Department, state clearly the name of Wilor Academy and address of the office.
  • When this has been done, they should then follow the normal fire drill procedures.
  • Close all doors.
  • Proceed quickly and calmly to the nearest fire exit.
  • The assembly point is on the front of the building stand on the pavement, opposite the Building, clear off the building. The Fire Officer will carry out several checks.

Situation of Fire Exits

Students should leave via the staircases. When you reach the ground floor, leave the building via the fire exits at either side of the main corridor or via the main Office Entrance. All visitors must sign the Visitors Book at Reception on entering and leaving the College. In the event of fire, they will accompany the staff or student member they are visiting. In the event of one or more of the assembly points being rendered dangerous because of the prevailing conditions, students should muster at a safe assembly point for a headcount.

Fire Marshals

A Fire Marshal is appointed for Wilor Academy with their names and the names of students for which they are responsible are published on a sheet that is displayed on the back of the Admin Office door. It will be the duty of each Fire Marshal to ensure that all occupants for whom they are responsible have left safely and have been accounted for. All members of teaching staff are also responsible for the health & safety of their students. In the situation of fire, teaching staff are to take reasonable procedures to ensure the safety of themselves and their students.

People with a disability

Students should assist any disabled colleagues towards exits etc. in any fire emergency.

In the event of a fire alarm the student member or tenant who the disabled person is visiting, together with the relevant Fire Officer, will be responsible for their evacuation. If the meeting is taking place above ground floor level, the Fire Officer will seek assistance, if necessary, from the strongest available individuals to take the disabled person to the most appropriate area of safety or exit.

The Fire Brigade recommends that in the event of a fire, visitors in wheelchairs should be taken to the safety of a stairway. They should wait there with a member of staff until the Fire Brigade arrives. When the Fire Brigade arrives, they should be advised that there is a disabled person in the building to be evacuated as a priority. It is not recommended that students attempt to carry a

wheelchair down the stairs.

Fire – General Notes

  • Fire Drill practice will be carried out from time to time and all students and tenants are required to leave the building immediately and follow the correct procedures.
  • Fire doors must always remain closed.
  • Fire extinguishers should only be removed from their location in the event of a fire.
  • It is important that corridors leading to the Fire Exits are not blocked.
  • Please ensure that electric lights, fans, heaters, computers etc are switched off at the end of the day.

Any student member who has any queries whatsoever on the Fire Evacuation Procedures should consult the Fire Marshals. The names of the Fire Marshals are displayed at College Reception

IN CASE OF ACCIDENTS-FIRST AID & REPORTING OF ACCIDENTS

First Aiders

The names and extension numbers of current first aiders are highlighted at the Admin Office.

First Aid Boxes

Each of the first aiders has access to a first aid box and a first aid box is in the Admin Office. You are advised that the contents of the first aid box are detailed by law, and do not include drugs – any student member requiring drugs for headaches etc should provide their own. All first aid boxes are equipped with disposable gloves and aprons, and hygienic resuscitators for the safety of the users.

Reporting of Accidents

All accidents which occur at Wilor Academy should be recorded in writing and forwarded to the Principal. If the accident is serious, the Principal will notify the appropriate authorities and conduct a full investigation.

This policy will be reviewed annually to ensure it remains effective and up to date.

Published Date : July 2024
Reviewed By : Salma Ali
Date of Review : July 2024
Date of Next Review : July 2025
Policy Number : WAP015

Salma Ali
Principal

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