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.

Workstations and Seating

Q: What are the requirements for workstations and seating in schools?

A: Workstations and seating must be ergonomically designed to prevent strain and injury, and should be adjustable to meet individual needs, as specified in Regulation 11 of the Workplace (Health, Safety and Welfare) Regulations 1992.

Slips, Trips and Falls

Q: How can schools prevent slips, trips, and falls?

A: Schools should implement measures such as non-slip flooring, clear walkways, and prompt clean-up of spills to prevent accidents, as required by Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992.

Sanitary Conveniences, Washing Facilities and Drinking Water

Q: What are the requirements for sanitary conveniences and washing facilities?

A: Schools must provide adequate sanitary conveniences and washing facilities, including soap and hand-drying equipment, and ensure a supply ofdrinking water, as specified in Regulations 20 and 21 of the Workplace (Health, Safety and Welfare) Regulations 1992.

Accommodation and Facilities for Clothing

Q: What facilities should be provided for clothing?

A: Schools should provide suitable accommodation for employees to store their clothing and personal items, as required by Regulation 23 of the Workplace (Health, Safety and Welfare) Regulations 1992.

Facilities for Rest and to Eat Meals

Q: What rest and meal facilities should schools provide?

A: Workplaces must provide adequate facilities for staff to rest and eat meals, including seating and tables, as specified in Regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992.

Eating facilities should include a facility for preparing or obtaining a hot drink, such as an electric kettle, a vending machine or a canteen. Workers who work during hours or at places where hot food cannot be obtained in, or reasonably near, the workplace should be provided with the means for heating their own food.

The Administration of Drugs in Schools

Q: Are teachers required to administer medication to students?

A: No, the administration of drugs, such as adrenaline (administered by injection or EpiPen), rectal diazepam, and insulin, is not a contractual duty for teachers or lecturers.

EIS Advice to Members

Q: What advice does the EIS offer to teachers regarding the administration of drugs to pupils?

A: The EIS advises that:

• The prime responsibility for ensuring medication is administered to school pupils lies with the parents and appropriate health authority services.
• The administration of drugs to pupils is not a teacher’s duty and should only be undertaken voluntarily.
• Teachers should only volunteer to administer drugs in emergency situations and must receive full training from the relevant health authority, with annual updates.
• Teachers who volunteer must be provided with a formal statement of indemnification from the education authority.

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.

1. 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.
2. The administration of drugs to pupils is not a teacher’s duty and should not be undertaken other than on a voluntary basis.
3. It is the advice of the Institute that teachers should not volunteer to administer drugs to pupils except in the following circumstances.
   1. 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.
   2. 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.
   3. 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.