Nursery Equipment: Health & Safety - Firm foundations

Sometimes, it is not until something goes wrong, especially if coupled with a poignant press headline, that we reflect on our own practice in health and safety. Tragic consequences remind us of children's vulnerability and adults' accountability.

Every child has the right to play in a safe environment, supervised by dedicated practitioners and equipped with a wide selection of stimulating toys, resources and equipment. Both employers and employees are responsible for ensuring requirements of the EYFS and health and safety legislation are met. So, let us consider how this applies when providing equipment for children.

PRACTICE PRINCIPLES

The foundations of a safe and suitable environment where children can play, learn and be challenged rest on the following principles:

• strong, effective leadership and management
• ongoing training and development
• practitioners' participation and engagement
• understanding and ownership of responsibility; and
• a system to identify, manage and review risks.

When health and safety is not managed properly, then it is only a matter of time before a serious accident or incident will occur. As the recent tragedy at the nursery run by York College highlighted, 'There is no recompense for the loss of a child; a child is priceless, so the loss of a child is an irredeemable loss' (Sentencing Remarks of Coulson J, Leeds Crown Court, 14 February 2014).

SAFETY AND THE LAW

The law is clear with regard to safety. All providers registered on the Early Years Register (EYR) and/or Childcare Register (CCR) must ensure that their premises and equipment used by children are safe and suitable.

Practitioners need to plan varied and challenging activities, making the most of resources and the environment in order to encourage effective learning for all children. For example, the EYFS outlines that children need to use tools and handle equipment effectively in order to support their physical development.

The Health and Safety at Work Etc Act 1974 not only places a general duty on an employer to ensure, so far as is reasonably practicable, the health safety and welfare of their employees at work, but also requires the employer to consider other people who are not their employees but who may be affected by their business activity. Employees themselves also have a responsibility to take reasonable care of their own health and safety and others affected by their actions. They must co-operate with the employer on health and safety matters and must not misuse or interfere with anything provided for the purposes of health and safety.

Both employers and employees can be prosecuted if they fail to meet these legal duties.

THEORY INTO PRACTICE

Selecting equipment for your setting represents a considerable financial investment. It also involves much deliberation to ensure all children can benefit from the choices made.

To combine safety considerations with play value, be guided by 'Plan, Do, Check, Act' (www.hse.gov.uk/leadership/smallbusinesses.htm) and consider the following:

1 Plan

• What equipment is required and who will use it?
• Is it suitable for the intended age group?
• Identify location and how equipment will be used
• Are there associated risks from its use, maintenance or cleaning? Can these be avoided or reduced?
• Does it comply with relevant standards - CE marked, BS EN (if applicable)?
• Does it come with manufacturer's instructions and/or any warnings?
• Does it require assembly? If so, who will do this and are they competent?
• How will instructions be communicated to practitioners?
• What information, instruction, training or supervision is required?
• What inspection and maintenance of the equipment are required and who will do this?
• Review or undertake a risk assessment.

2 Do

• Ensure that the manufacturer's instructions are followed
• Check that the equipment has been assembled and installed correctly before use
• Risk assess equipment in its environment, once assembled, and communicate your findings
• Involve practitioners in the risk-assessment process
• Consider ongoing inspection and maintenance requirements.

3 Check

• Consider how children use the equipment. Is it being used properly and for its intended purpose?
• Ensure equipment has not been adapted or modified with accessories, such as ribbons or ropes
• Check that it is being inspected and maintained and how these checks are recorded
• Check for any accidents or near misses involving the equipment
• Ensure health and safety is on the agenda for team meetings and supervision.

4 Act

• Is there a procedure for reporting and addressing defects or environmental changes?
• Check for product recalls to ensure resources and equipment continue to be safe and suitable
• Is there a procedure for reporting, recording and investigating any accidents or near misses?
• Evaluate/review risk assessment.

A COMMONSENSE APPROACH

Knowledge, vigilance and supervision

Children's different personalities, levels of confidence, curiosity and sense of adventure all influence how safely toys and equipment are used. For example, areas used by babies and toddlers may need to be reorganised in response to the children's developing mobility.

Equipment located near windows can be used by inquisitive toddlers as climbing aids, making windows accessible and thus introducing new risks, such as falling from height or strangulation from blind cords. Practitioners' supervision is crucial in helping to ensure children can play safely.

Reflection

Every dedicated provider will be well intentioned in wanting to keep children safe. In sentencing York College with regard to the death of Lydia Bishop, the judge Mr Justice Coulson said, 'Failings were the more tragic because they took place against a backdrop of the generally careful and thoughtful approach to health and safety matters' (Sentencing Remarks of Coulson J, R-v-York College, Leeds Crown Court, 14 February 2014).

You should ask yourself whether the equipment, systems and practice at your setting are cohesive and robust enough to ensure all children's safety all day, every day.

MORE INFORMATION

• www.hse.gov.uk/toolbox/managing/index.htm
• www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/ r-v-york-college.pdf

Bernadina Laverty and Catherine Reay are co-authors of Health and Safety in Early Years and Childcare (NCB)

Download the pdf