What are the Legal Requirements for Health and Safety in Early Years Settings?

Working in an early years setting means you have legal responsibilities to keep children safe from harm. The law sets clear standards for health and safety. These rules protect children, staff, visitors and the wider community. Meeting these requirements is not optional. It is a legal demand that ensures children can learn and develop in a safe place.

There are several laws and regulations that apply to early years health and safety. Understanding them helps you work correctly and within the law.

The Health and Safety at Work etc. Act 1974

This is the main law for workplace health and safety in the UK. It applies to all employers, including early years settings. It places duties on employers, employees and others.

Employers must provide:

• Safe equipment and facilities
• Safe working systems
• Proper information and training for staff
• Written health and safety policies if they employ five or more staff

Employees must:

• Take care of their own health and safety
• Protect the health and safety of others
• Follow training and instructions
• Report hazards and incidents

In early years settings, this means creating a safe environment for children through daily checks, planned maintenance and risk assessments.

The Management of Health and Safety at Work Regulations 1999

These regulations expand the Health and Safety at Work etc. Act 1974. They require employers to assess risks and take action to control them.

Key legal points include:

• Completing risk assessments regularly and acting on the findings
• Planning for emergencies
• Training staff in health and safety matters
• Providing information to staff on hazards and controls

In a nursery or preschool, risk assessment might cover play equipment, cleaning chemicals, food preparation or outdoor areas.

The Children Act 1989 and 2004

These Acts protect the welfare of children and lay out duties for organisations. They mean all registered settings must follow guidance that supports safeguarding.

Health and safety is part of safeguarding. The Acts require settings to:

• Promote the welfare of children
• Protect children from harm
• Create and follow safe care practices

A safe building, secure outdoor play space and good supervision are all part of this.

The Early Years Foundation Stage (EYFS) Statutory Framework

The EYFS sets standards for learning, development and care from birth to age five. It has specific health and safety requirements.

Some EYFS rules include:

• Premises must be fit and safe for children
• Staff must know what to do in emergencies
• There must be suitable health and hygiene procedures
• Medicines must be handled safely with consent from parents
• Risk assessment must be ongoing and documented
• Fresh drinking water must be available at all times
• Children must be always supervised

Providers must meet these standards to remain registered with Ofsted.

The Food Safety Act 1990 and Food Hygiene Regulations

Many early years settings provide meals and snacks. Food safety law applies here too. Employers and food handlers must make sure food is safe to eat.

Main duties include:

• Keeping food preparation areas clean
• Storing food at the right temperature
• Preventing cross contamination
• Following correct cooking and reheating methods
• Training staff in food hygiene

Failing to follow these rules can cause illness and result in legal action.

Control of Substances Hazardous to Health (COSHH) 2002

This law manages the safe use of substances that could harm health. Early years settings use cleaning chemicals, paints and other materials covered by COSHH.

Key steps include:

• Identifying hazardous substances on site
• Assessing risks from these substances
• Storing them securely and away from children
• Training staff in correct handling and disposal
• Using protective equipment when required

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013

These regulations require certain incidents to be reported to the Health and Safety Executive. This includes:

• Deaths related to work
• Major injuries to staff or children
• Injuries that stop a worker doing their normal job for more than seven days
• Certain diseases linked to work
• Dangerous events such as gas leaks, fires or equipment failures

Reports must be made quickly. This allows the authorities to investigate and prevent further harm.

Fire Safety Regulations

The Regulatory Reform (Fire Safety) Order 2005 covers fire safety in all workplaces. Early years settings must carry out fire risk assessments and act on the results.

Main duties include:

• Keeping escape routes clear
• Providing working fire detection systems
• Holding fire drills at regular times
• Training staff in fire safety procedures
• Maintaining fire extinguishers and equipment

With young children, drills need to be adapted to suit their understanding and physical ability.

The Provision and Use of Work Equipment Regulations (PUWER) 1998

This law makes sure equipment is safe to use. In early years settings, this can apply to cooking appliances, outdoor play structures, and even office equipment.

Employers must:

• Check equipment is suitable for its task
• Maintain equipment in safe condition
• Train staff in safe use
• Remove faulty or unsafe items from use

Safeguarding and Health

Safeguarding includes protecting children’s health. Laws link safety with wellbeing. This can mean:

• Having safe sleep practices for babies
• Preventing choking during meals
• Managing allergies in line with medical advice
• Keeping outdoor areas free of hazards like broken glass or unsafe plants

Ofsted Registration Requirements

To legally run an early years setting, providers must meet Ofsted’s registration conditions. Failing health and safety checks can mean suspension or removal from the register.

Ofsted inspections look at:

• Premises safety
• Risk assessments
• Staff training
• Emergency procedures
• First aid provision

Meeting these requirements shows the setting is fit to care for children.

Staff Training Duties

Health and safety laws often state that staff must be trained. This can include:

• Paediatric first aid certification
• Fire safety training
• Food hygiene training
• Manual handling training
• COSHH awareness

Training must be kept up to date. This keeps skills fresh and ensures new laws and advice are understood.

Record Keeping

Many regulations require clear records. This could cover:

• Risk assessments
• Accident and incident reports
• Maintenance logs
• Fire drill records
• Staff training certificates

Accurate records help show compliance. They are also useful for improving safety procedures.

Risk Assessment in Practice

A legal risk assessment is more than a tick-box exercise. It involves:

• Identifying hazards
• Assessing who may be harmed and how
• Evaluating the risk
• Deciding on measures to control the risk
• Reviewing and updating regularly

For example, in a nursery outdoor play area, you might check for uneven surfaces, faulty equipment or unsafe fencing.

Partnership with Parents

Some legal areas involve parents directly. Medicine handling requires written consent. Accident reporting often involves informing parents the same day. Working with parents supports compliance with laws and builds trust.

Visitors to the Setting

Health and safety law applies to everyone in the setting. Visitors must be safe too. This means:

• Signing visitors in and out
• Supervising visitors near children
• Explaining any relevant safety rules
• Keeping areas secure from unauthorised entry

Monitoring and Reviewing

Laws expect ongoing compliance. This means checking procedures work and updating them when needed. Inspections, audits and feedback from staff or parents can highlight areas for improvement.

Cleaning and Infection Control

Health laws cover hygiene. The Public Health England guidance supports this. Daily cleaning, correct waste disposal and safe management of infectious diseases are all part of compliance. Outbreaks must sometimes be reported to local health authorities.

Handling Accidents

The law requires proper first aid provision. The EYFS says at least one person with current paediatric first aid must be present at all times when children are on site. Accidents must be recorded and serious ones reported under RIDDOR.

Final Thoughts

Legal requirements for health and safety in early years settings are detailed and wide-ranging. They cover the building, the equipment, the people and the daily routines. You have a duty to know them and follow them. This protects children and keeps your setting within the law.

Meeting these requirements is not just about avoiding penalties. It creates a safe, caring environment where children can grow and thrive. As a worker in this sector, every action you take matters for their safety and wellbeing.