Common Health, Safety and Wellbeing Questions

This FAQ attempts to answer many of the questions asked by members in relation to
workplace safety.
THE WORKPLACE: CONDITIONS, ENVIRONMENT AND WELFARE
Q: What are the general requirements for workplace conditions and welfare?
A: The workplace must be safe, clean, and provide adequate welfare facilities,
including rest areas, sanitary conveniences, and drinking water, as per Regulation
20 of the Workplace (Health, Safety and Welfare) Regulations 1992.
MAINTENANCE
Q: How often should school facilities be maintained?
A: Regular maintenance schedules should be established to ensure that all
equipment and facilities are safe and in good working order, as required by
Regulation 5 of the Workplace (Health, Safety and Welfare) Regulations 1992.
VENTILATION
Q: What are the ventilation requirements for classrooms?
A: Classrooms must have adequate ventilation to ensure a supply of fresh air and
maintain a comfortable temperature, as specified in Regulation 6 of the Workplace
(Health, Safety and Welfare) Regulations 1992.
TEMPERATURE
Q: What is the acceptable temperature range for classrooms ?
A: The temperature in classrooms should be at least 16°C during working hours,
as per Regulation 7 of the Workplace (Health, Safety and Welfare) Regulations
1992. If the work involves severe physical effort, the minimum temperature can be
13°C. There is no specified maximum temperature, but it is important to ensure
that the environment remains comfortable. Additionally, a sufficient number of
thermometers must be provided to monitor the temperature accurately.

LIGHTING
Q: What are the lighting requirements for schools?
A: Schools must provide sufficient lighting to ensure safety and comfort, including
natural light where possible, as required by Regulation 8 of the Workplace (Health,
Safety and Welfare) Regulations 1992.
CLEANLINESS
Q: How often should schools be cleaned?
A: Schools should be cleaned regularly to maintain a hygienic environment, with
particular attention to high-touch areas, as specified in Regulation 9 of the
Workplace (Health, Safety and Welfare) Regulations 1992 .
SPACE
Q: What are the space requirements for workplaces?
A: Workplaces must provide sufficient space for employees to move safely and
comfortably, as required by Regulation 10 of the Workplace (Health, Safety and
Welfare) Regulations 1992.
In addition to the Workplace Regs please note the following:
The Schools General (Scotland) Regulations 1975 (SGR 1975)
The Regulations do not prescribe or even recommend a specific method for calculating
the maximum number of pupils allowed in a classroom. Instead, while requiring education
authorities to determine a maximum number of pupils, the Regulations give those
authorities discretion on how to make that determination provided they have regard to:
• the dimensions of the room,
• the type of equipment provided, and
• the health and safety of pupils to be accommodated.
Education authorities must also keep a record of each room’s dimensions and any
determinations made under the regulation. In effect, the SGR 1975 does not set a
minimum area or volume per pupil but imposes a procedural duty on authorities to assess
and record suitability.
ADES Guidance 1975
ADES created the guidance below in 1975 (some of the language is now dated). It has
been adopted or incorporated into some Local Authorities’ internal policies which becomes
administratively binding within that authority’s governance framework. The later Scottish
Government guidance on school capacity reflects a similar approach: 1.7 m² per pupil
as the standard planning metric, and 1.5 m² per pupil only in exceptional or temporary
circumstances approved by the authority. Any use of a lower figure should therefore be
supported by clear, documented reasoning and treated as an interim measure. Whilst this
guidance table is unenforceable it is a helpful reference point that reps may use to guide
decision-making when assessing classroom accommodation.

TABLE TABLE TABLE TABLE

INDEMNIFICATION
Q: What does the indemnification statement for volunteer teachers include?
A: The indemnification statement should reassure teachers that the Council fully
indemnifies its staff against claims for alleged negligence, provided they are acting
within the scope of their employment, have received adequate training, and are
following the education authority’s guidelines. The indemnity covers consequences
such as incorrect dosage or overlooked administration, meaning the Council, not
the employee, will meet the cost of damages should a claim be successful.
EIS Advice
As previously indicated a significant number of pupils have conditions which may, under
certain circumstances, require the emergency administration of drugs in order to avoid any
danger to life, eg diabetes, allergic anaphylaxis, asthma and epilepsy
The EIS, therefore, offers the following advice to all members in schools regarding the
administration of drugs and medicines to pupils.
a) That the prime responsibility for ensuring that medication is administered to
school pupils lies with the parents and appropriate health authority services. It
is the case, however, that it is a duty of an education authority to co-operate with
health authorities in the provision of health treatment.
(b) The administration of drugs to pupils is not a teacher’s duty and should not be
undertaken other than on a voluntary basis.
(c) It is the advice of the Institute that teachers should not volunteer to administer
drugs to pupils except in the following circumstances.
(i) to provide cover for the emergency administration of a drug in a potentially lifethreatening
situation. In addition teachers should not supervise the routine taking
of any medicine by the pupil without the express consent of both the parent and
the education authority which should be included in a formal document or formal
agreement.
(ii) a teacher who agrees to volunteer to administer drugs in an emergency situation
must be given full training by the relevant health authority and that this training
must be updated on at least an annual basis. It is also recommended that the
health authority provides formal certification for all staff concerned to include all
basic training and refresher/update courses and the date(s) of completion.
iii) the education authority must provide every volunteer teacher with a formal
statement of indemnification signed both by the teacher and a representative of
the education authority. The following wording would constitute an acceptable
formal statement of indemnification: “The Council fully indemnifies its staff against
claims for alleged negligence, providing they are acting within the scope of their
employment, have been provided with adequate training, and are following the
education authority’s guidelines. For the purposes of indemnity, the administration
of medicines falls within this definition and hence the staff can be reassured
about the protection their employer provides. The indemnity would cover the
consequences that might arise where an incorrect dose is inadvertently given or
where the administration is overlooked. In practice indemnity means the Council
and not the employee will meet the cost of damages should a claim for alleged
negligence be successful. It is very rare for school staff to be sued for negligence
and instead the action will usually be between the parent and employer.
Further detailed advice and guidance from HSE around the practical implementation of the
Workplace Regulations can be found at their website. This is frequently updated to take into
account legislative changes.