1.4. Explain how current health and safety legislation, policies and procedures are implemented in own work setting or service

This guide will help you answer 1.4. Explain how current health and safety legislation, policies and procedures are implemented in own work setting or service.

Health and safety legislation, policies, and procedures are fundamental to maintaining a safe environment for children, young people, and staff in any work setting. Workplaces that involve children have specific responsibilities to ensure everyone’s physical and emotional well-being. This includes applying legal requirements to everyday tasks, providing clear guidelines for staff, and adopting a proactive approach to risk management.

The implementation of health and safety legislation in your setting requires attention to detail and consistency. In this guide we cover how the various elements of health and safety are embedded into daily practice.

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 (HASAWA) is the key piece of legislation for workplace health and safety across the UK. It places a legal duty on employers to ensure the health, safety, and welfare of all employees and others who may be affected by their actions.

In a childcare setting, this means:

• Conducting regular risk assessments.
• Ensuring staff receive health and safety training.
• Providing safe equipment and resources.
• Maintaining a safe physical environment, such as keeping corridors clear and fire exits accessible.

For example, your manager will conduct daily checks on the premises to identify hazards like loose flooring or broken toys. Staff follow written procedures to address these issues and record actions taken.

The setting will also display details of the appointed Health and Safety Officer and ensure emergency numbers are accessible. This keeps safety oversight clear for staff and parents.

The Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999 build on the HASAWA by requiring detailed steps for effective risk management. This legislation requires workplaces to put specific safety strategies in place.

In line with these regulations, a childcare setting might:

• Create written risk assessments for activities involving children, such as outdoor play.
• Develop procedures for emergencies, like fire drills or medical incidents.
• Assign appropriate staff supervision during high-risk activities (for example, using scissors during arts and crafts).

Risk assessments often include evaluating hazards, identifying those at risk, and implementing control measures. For example, in an outdoor play area, hazards like slippery surfaces are addressed by adding non-slip flooring or restricting access after rainy weather.

Control of Substances Hazardous to Health (COSHH) Regulations 2002

COSHH regulations apply to numerous materials used in childcare settings, such as cleaning products, glues, and paints. These rules require strict control of potentially hazardous substances.

Your setting might implement COSHH by:

• Storing cleaning chemicals in locked, child-proof cupboards.
• Labelling all bottles clearly with their contents.
• Using only non-toxic materials for children’s craft activities.

Staff are trained to handle substances safely and wear protective equipment, such as gloves, when required. COSHH data sheets are also maintained to inform staff about each substance’s risks and how to respond in emergencies.

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

RIDDOR sets out legal requirements for reporting certain incidents to the Health and Safety Executive (HSE). These include accidents, injuries, illnesses, or dangerous situations that occur within the workplace.

In a childcare setting, RIDDOR might apply in cases such as:

• A child breaking their arm while using play equipment.
• An outbreak of a contagious disease, such as chickenpox.
• A gas leak or other hazardous incident.

Your setting will have procedures for recording and reporting these events. Staff fill out an accident or incident report and pass it to the Health and Safety Officer for further action. If needed, the report is sent to the HSE.

Food Safety Legislation

Food safety is particularly important in settings with children, as they may be more vulnerable to foodborne illnesses. The Food Safety Act 1990 and related regulations cover how food is prepared, stored, and served.

Implementation might include:

• Staff holding food hygiene certificates.
• Storing food at safe temperatures in line with guidelines.
• Cleaning all surfaces and equipment before food preparation.

For example, if your setting provides meals, staff ensure all perishable items are refrigerated immediately and reheated to the correct temperature. They monitor use-by dates carefully to prevent food-related risks.

The Children’s Act 1989 and 2004

The Children’s Act requires that childcare providers prioritise the health, safety, and well-being of children. This is closely linked to safeguarding duties and includes physical and emotional safety.

In practice, this might include:

• Having safeguarding policies to protect against abuse and neglect.
• Monitoring children for signs of harm or distress.
• Carrying out safe recruitment checks for all staff members.

Your organisation will likely have a Designated Safeguarding Lead (DSL) who manages concerns about children’s safety. All staff are required to report issues such as unexplained bruises or changes in behaviour.

Fire Safety Legislation

The Regulatory Reform (Fire Safety) Order 2005 requires employers to minimise fire risks and create an evacuation plan. This is particularly important in environments where children’s mobility or understanding might limit effective evacuation.

Implementation typically includes:

• Conducting regular fire drills with children and staff.
• Displaying clear fire exit signs and keeping exits free from obstructions.
• Installing and maintaining fire alarms, extinguishers, and other safety equipment.

Your setting will likely have a record of fire safety checks. Staff are trained to guide children safely in an emergency, ensuring that everyone, including those with additional needs, is accounted for.

Policies and Procedures in Action

Policies and procedures are practical tools that translate the above laws into daily practice. They provide detailed guidance on staff responsibilities and actions. Some examples of health and safety policies in a childcare setting include:

1. Accident and Incident Reporting Policy – Covers how to record injuries, whom to notify, and how to take follow-up action to reduce risks.
2. Health and Hygiene Policy – Promotes good handwashing practices, regular cleaning schedules, and infection control measures (for instance, excluding children with contagious illnesses).
3. Risk Assessment Policy – Details how to evaluate risks in activities like gardening or water play and implement control measures.
4. First Aid Policy – Outlines who is trained in first aid, where kits are located, and how to respond to medical emergencies.

Training and Staff Responsibilities

Staff play a key role in implementing policies and fulfilling health and safety responsibilities. Training ensures they understand legal and organisational requirements.

Your setting may offer training in:

• Manual handling.
• First aid.
• Fire safety.
• Safeguarding and child protection.

Regular refreshers help staff stay confident in applying their skills. Induction processes for new employees often include health and safety briefings so everyone starts on the same page.

All staff have individual responsibilities. For example, a room leader may oversee safety checks within their assigned space, while a manager ensures compliance with policies and legislation across the site.

Ongoing Monitoring and Review

Health and safety are not static; they require ongoing attention. Your setting might:

• Conduct monthly health and safety audits.
• Ask staff for feedback on existing policies.
• Regularly review and update procedures as laws or circumstances change.

For example, if a new piece of equipment is introduced, such as a climbing frame, the setting reviews its risk assessments and staff training requirements to accommodate the change.

Working with Parents and Visitors

Parents and visitors must also be informed of health and safety measures. Your setting might:

• Include health and safety expectations in welcome packs or newsletters.
• Request visitors sign in and wear identification badges.
• Communicate rules for restricted areas (e.g., kitchen or staff-only zones).

This ensures everyone understands and respects safety protocols.

Final Thoughts

In your work setting, health and safety legislation, policies, and procedures provide a framework for protecting children, staff, and anyone else who enters the premises. Implementation requires clear communication, regular training, and a proactive approach to managing risks.

By following these practices, your setting can create a safe, nurturing environment where children can learn, play, and grow. Always pay attention to how policies are applied in real-life situations, and don’t hesitate to ask your manager for clarification if you are unsure.