Health and Safety in Early Years and Childcare. Bernadina Laverty

(staff, students, apprentices, volunteers)

      •children

      •parents and carers

      •professionals.

      Children’s feedback can be enlightening in its honesty and clarity. Therefore, be creative about the systems you use for gathering feedback from children.

      Think about using:

      •puppets

      •role play

      •art materials

      •digital cameras

      •happy/sad face stickers.

      Challenging inappropriate attitudes and practice

      

EYFS 3.66, CR 6.4 and CR 6.5

      Children learn through play and are influenced by their home circumstances, community and media in developing their understanding about society. Children can behave in discriminatory ways, such as name calling, teasing or excluding certain children based on their experience and influences. Staff must be alert to such incidents and challenge accordingly. This requires sensitivity to ensure children can understand, think about and change their behaviour.

      If a situation arises, staff need to:

      •intervene, but do not ignore, condone or make excuses for a child

      •be precise, specific and clear when explaining to a child why you have intervened

      •help children empathise, and ask them how would they feel

      •encourage apologies

      •support all children in moving forward.

      Staff are also influenced by their home circumstances, community and media and bring their own value system to the workplace. It is important to challenge adults if their practice is inappropriate, such as attitudes towards certain children, comments and innuendos. Sometimes staff may continually underestimate children’s abilities, particularly children with learning difficulties and special educational needs. Regular supervision is imperative to ensure staff can share any concerns about their own or colleagues practice.

      

Law

      The Children and Families Bill 2013 section on Special educational needs (SEN) reflects a new approach to special educational needs and disability. Key components encompass early identification and assessment with a new birth-to-25 education, health and care plan, giving parents control through personal budgets and improving cooperation between all the services by requiring them to work together for children and their families. For more information see ‘Children and Families Bill 2013’ (October 2013); http://www.education.gov.uk/a00221161/.

      Challenging parents and carers about inappropriate comments or attitudes requires assertiveness, discretion and respect. Adults may have an engrained value and belief system, be resistant to change and offended by (and perceive) your challenge as confrontation.

      Information leaflets, training workshops, outside speakers outlining the effects of prejudice, discrimination and bullying on a child can help to educate parents and carers and in turn get them to reflect on their belief systems.

      

Remember

      Bullying, teasing and harassment cause emotional hurt, including damaged self-confidence, self-image and self-esteem.

      Childminders

      The above guidance applies to childminders who also need to consider:

      

EYFS 3.50, CR 1.4 and CR 1.5

      The childminder is responsible for managing children’s behaviour appropriately. Any situations where physical intervention is used must be recorded. Childminders have a duty to protect children from any adults within the household who may want to use corporal punishment on childminded children.

Employee responsibilities – health and safety

      

Health & Safety at Work etc. Act 1974 (HSWA) Section 7

      Employees at work also have responsibilities to:

      •take reasonable care of their own health and safety and of other people who may be affected by their actions at work

      •cooperate with their employer or other people who have responsibility under health and safety laws, to enable the duty holder to comply with the law.

      Employees must also cooperate with you in health and safety matters, for example by:

      •following the safety procedures that you have in place

      •notifying accidents to the responsible person

      •using any personal protective equipment that is provided for health and safety purposes.

      

HSWA 1974 Section 8

      An employee must not misuse or interfere with anything provided for the purposes of health and safety.

      

HSWA 1974 Sections 33 (1)(a) and 33 (1)(b)

      An employee can be prosecuted as an individual if they fail to comply with their duty under Section 7 and/or contravene the requirement of Section 8 of the Act.

      

Remember

      Challenging and dealing with unsafe behaviour is an important part of health and safety management.

      

Law

      Prosecution of an individual may take place where a serious risk or breach of the law is identified, for example after a serious accident or incident. This action would be considered where the individual had shown a reckless disregard for health and safety, exposing themselves or others to serious risk of injury.

      Cooperating with the employer and following health and safety precautions is a theme that runs through other health and safety regulations, such as the Manual Handling Operations Regulations 1992 (as amended) which require employees to follow appropriate procedures laid down by the employer and to promote the safe handling of loads.

      

The Management of Health and Safety at Work Regulations 1999 Regulation 14

      These regulations place duties on an employee to:

      •use work equipment properly and in accordance with the training and instructions given by the employer

      •to inform their employer or any person appointed by their employer to assist in health and safety matters of any situation at work that is dangerous.

      You must have a system in place to enable the reporting of any health and safety problems to the responsible person, enabling corrective action to be taken.

      It is also critical that staff fully understand their responsibilities and what is expected of them. They cannot achieve this unless the employer has met their responsibilities.