Businesses that work with children need to consider specific hazards and risks faced by their employees and any children in their care. Risks will present themselves in various ways be they the layout of the premises or interactions between employees of the business and children under its care.
Health and safety
Legal duties
Under the Safety, Health and Welfare at Work Act, 2005 (the 2005 Act) employers have legal obligations to ensure that employees, children and visitors are, as far as is reasonably practicable, kept safe while using the employer’s premises.
Risk assessments
The 2005 Act requires employers to ensure that risk assessments are carried out by a qualified person in order to identify hazards that arise in the operation of the business including risks to workers and children. Appropriate control measures should be developed to manage any risks identified.
Physical risks
Typically, there will be physical hazards associated with the building, doors, floors, stairs, glass and glazing, gas and electrical equipment; both in normal use and during cleaning and maintenance. The risks associated with these hazards take on an additional dimension in the presence of children who may not understand or appreciate the hazards or risks as adults would.
Occupational risks
Employees may suffer occupational ill-health as a result of exposure to children with infectious disease, exposure to biological hazards or exposure to body fluids of children in their care.
Employees are also increasingly at risk of verbal abuse and physical violence from children behaving disruptively and in certain circumstances from dissatisfied parents or guardians. Employers have a duty to take reasonable care for the health and safety of their staff and this includes taking reasonable care to protect the mental health of employees.
Information, instruction and training
In addition to any professional training required for their work, the 2005 Act requires employees engaged in the supervision of children to have received health and safety instruction and training that is appropriate to the workplace and their particular role and responsibilities.
This requirement includes ensuring that employees who cover the work of absent employees are appropriately trained and competent to carry out that work.
Accidents and emergencies
All staff must be fully trained in and aware of procedures and actions to be taken in the event of a fire, accident or other emergency. These arrangements and other key safety information should also be provided to parents and guardians.
All accidents and incidents should be reported to the parent or guardian as soon as possible.
Medication
Where staff are required to administer prescription medication to children, adequate controls must be established to ensure that a “safe system of work” is maintained. The task should be restricted to a nominated member of staff to ensure that accidental over-dosing does not occur.
Employees should not be permitted to administer drugs or medication, physiotherapy or any other treatment unless they are trained and authorised to do so by the employer and the parent or guardian.
Controlling infection
Parents and guardians should be advised to keep children who are unwell, as a result of short-term infections or viruses, away from the premises in order to minimise the risk of infection to employees or other children.
There is a risk that employees who come into contact with infected blood or are engaged in cleaning up bodily fluids could become infected. In order to minimise this risk, appropriate control measures as identified in the risk assessment should be introduced.
Food preparation
It is vital to always follow the standards required by food safety legislation as coordinated and enforced by the Food Safety Authority of Ireland.
No member of staff known or suspected to be suffering from, or to be a carrier of, a disease likely to be transmitted by food should be permitted to work in any food handling area in any capacity where there is a likelihood of directly or indirectly contaminating food with a pathogenic micro-organism.
Only trained staff should be permitted to prepare food for consumption by children. Food preparation and storage arrangements should be strictly controlled and should be carried out in accordance with relevant legislation and industry best practice.
Peninsula
With the support of Peninsula’s risk assessment policies, your business will be in a strong position to safely navigate the statutory legal obligations applicable to organisations that work with children and young people.
If you have any questions regarding the legal obligations of organisations that work with children or young people and how they apply to employers, please do contact us anytime by dialling our 24-hour advice service on 0818 923 923.