Employers in Childcare Now Under the Spotlight

Employers within the Childcare Industry may find themselves under increased pressure in coming weeks with the revelations that a number of Créches are now under investigation by the HSE and the Gardaí over suspected mishandling of children. These industries, and indeed all industries which deal with children and vulnerable adults, are very heavily regulated and from a HR and Health and Safety perspective can pose considerable challenges for employers and managers.

Be it full-time or part-time day care services, sessional services, or a drop-in centre there are significant challenges facing employers and below we will look at some of the real troublesome issues for this industry as well as some practical advice for employers on ensuring compliance.

Health & Safety

Firstly lets look at an employers Health and Safety responsibilities, as not only must an employer commit to the Safety, Health and Welfare at Work Act, but they must also meet HSE standards, regulations and expectations in relation to Health & Safety.

The Child-Care (Pre-School Services) (No. 2) Regulations 2006 are designed by the HSE to take all reasonable measures to safeguard the Health, Safety and Welfare of the children attending a pre school service. The Act covers issues such as;

• First Aid & Medical Assistance, to include the administration of medication and application of first aid
• Adult : Child Ratios to be maintained at all times
• Fire Safety Measures, to include staff adequately trained on fire evacuation procedures, and fire drills carried out with records kept
• Safe Premises and Facilities, to include heating, lighting, ventilation etc. as well as fixtures and fittings to be kept hygienic and in a proper state of repair
• Ponds, Sand pits etc. are adequately railed off and children kept protected
• Sanitary facilities and waste disposal facilities
• Food & Drink, to include minimum requirements for provision of meals and snacks, and also the adherence to HAACP protocols in certain circumstances
• The control of infectious diseases
• Insurance against injury whilst attending the service

The industry is also subject to inspections from the HSE to check the safety of the premises and the suitability of the persons providing the service. We have previously looked at inspections carried out by the Health Information and Quality Authority (HIQA) who recommended adequate policies and procedures be put in place and one can only advise that the same be applicable to Childcare services.

Employment Law & HR

As we can see above, the requirements for a person who is operating a childcare service are very heavy from a Health and Safety standpoint, and these regulations do not decrease any amount when you look at it from a HR/Employment Law point of view.

• Garda Vetting is required for all staff and volunteers, we have previously posted about the new requirements for Garda Vetting.
• Record Keeping, as well as obligations under the Organisation of Working Time Act, 1997 an employer in Childcare must also maintain records under the Child-Care (Pre-School Services) (No. 2) Regulations 2006
• Induction and Training plans that are available if inspected
• Relevant qualifications of staff members are kept on file, again if required by inspection
• Protected Disclosures (Whistleblowing) which although still in draft format with the Oireachtas is sure to be fast tracked in light of the HSE and Gardaí investigation
• Standard Operating Procedures (SOPs) are very common in Childcare settings and there should be a detailed record of these maintained in a business
• Clear CCTV policies in place where cameras or surveillance equipment is in place, in compliance with data protection legislation

What Can an Employer do?

As we have mentioned above clear and detailed contracts and handbooks should be an absolute minimum for employers when working in such a heavily regulated area. These policies should incorporate the SOPs of the business and detail the potential ramifications of breaches of the policies, as a breach of procedures or standards can have detrimental effects (which in some cases could result in the closure of the service).

Here are some fundamental tips for employers;

1. At the very minimum detailed contracts, Employee handbooks and Health and Safety Policies must exist for the management and setting of standards for employees. Should an employee breach procedures they must know what the possible outcomes would be and how serious the Company views such actions. The EAT is littered with cases of employees who have clearly breached regulations however as no clear policies and procedures exist the dismissals have been deemed to be unfair;
2. Garda Vetting records to be retained and regulations full complied with;
3. Clear application of employment forms to ensure all information required from employees is obtained, as a HSE inspection will require a certain level of employee specific information. this is also important should any information provided prove to be untrue;
4. Detailed interview notes and evaluation forms. Equality issues can arise no matter the length of service so an employer must be able to show that any decision that has been made has not been made based on any of the 9 discriminatory grounds.  (Age, Race, Gender, Sexual Orientation, Disability, Civil Status, Family Status, Religious belief, Membership of the Travelling Community);
5. A defined Induction process where all Company policies are made clear and apparent to new recruits;
6. Clear Training records are maintained, which again an employer can refer back to should there be an inspection, or indeed an issue of ill discipline. Being able to point to a particular training course or programme where they were informed what the expected standards are can drastically help and employer when managing performance issues;
7. Absence policies in place as the business must manage infectious diseases so employees must know what is expected if they are unwell;
8. Stress management policies, as stress is very common in childcare and programmes to manage stress such as  an Employee Assistance Programme (EAP) are useful to be in place to manage this and stop short term absence turning into long term absence;
9. Social media policies to discourage access and such devices with cameras or access to social networks are recommended as social networking may distract from the care of the children or inappropriate images may be taken which could lead to wider investigations taking place; and
10. Policies in place in relation to Grievance and Bullying & Harassment, as the industry unfortunately suffers from higher levels of workplace complaints in relation to bullying and harassment. This may be due to the stress involved in the work, or the close quarters employees must work in however a clear procedure for making complaints must be made available to employees.

Childcare is a heavily regulated industry, and one where the scrutiny will intensify in the coming weeks and months as a result of the RTE investigation, however employers should ensure that they are not caught out and adhere to the regulations that are set out for them.