Health and safety in higher education: Fatal and serious incident management
It is vital that universities adhere to regulations to ensure the health and safety of staff, students and visitors.
This includes providing a safe and healthy environment for work and study, identifying and managing risks, and providing appropriate training and information to staff and students.
Serious incident management
We provide advice on all aspects of investigation and prosecution. This includes dealing with police and regulator requests for disclosure, internal investigations (legal privilege), interviews under caution and subsequent representation before the criminal court and at inquests.
We have extensive experience of advising across a wide range of criminal, regulatory and compliance areas from the outset to the conclusion of a case.
Effective preparation is key, that’s why we offer bespoke support, so that you and your key stakeholders are well informed and well equipped with the plans and processes to manage incidents confidently.
Get in touch to find out how we can deliver a bespoke training session for your organisations.
"Browne Jacobson is a full-service firm, but from our point of view has unique and unrivaled experience of Higher Education."
Health and safety training for HEIs
You’ll learn:
- What’s involved in a regulatory investigation.
- Who needs to be involved.
- How to deal with regulators confidently.
- Common themes in police and Health and Safety Executive investigations and prosecutions.
- Key elements of the investigation so you can understand and prepare.
- Consequences of failure or breaches of duty.
- The role of the Office for Students and its powers.
We’ll share with you our experiences and practical tips on:
- RIDDOR.
- Police primacy and other regulators support.
- Taking witness statements, Section 9 CJA 1967 and legal support i.e. comment on policies, training, etc.
- Seizure of documents and PACE 1984.
- Consent, DPA 2018, confidentiality and legally privileged materials.
- Compulsory powers and Section 20 HSWA 1974.
We’ll discuss who and what might be involved, including:
- The police.
- HSE and other regulators.
- Coroner.
- Claimants.
- Insurers.
- Third parties i.e. press, FOI and experts.
- Internal investigations and legal privilege.
- Professional bodies and unions.
- Disciplinary investigation.
- Serious case review.
We’ll talk to you about your current plans and processes for managing a serious incident to ensure it’s robust and fit for purpose:
- Outline a plan.
- Agree key internal stakeholders.
- Identify key external contacts.
- Set out regulatory powers, ensure you’re well informed.
- Set out a framework for what investigation involves.
- Key steps to consider:
- Who to contact.
- Record keeping.
- Example report framework.
- Remedial measures.
- Lessons learnt.
You’ll learn:
- What’s involved in a regulatory investigation.
- Who needs to be involved.
- How to deal with regulators confidently.
- Common themes in police and Health and Safety Executive investigations and prosecutions.
- Key elements of the investigation so you can understand and prepare.
- Consequences of failure or breaches of duty.
- The role of the Office for Students and its powers.
We’ll share with you our experiences and practical tips on:
- RIDDOR.
- Police primacy and other regulators support.
- Taking witness statements, Section 9 CJA 1967 and legal support i.e. comment on policies, training, etc.
- Seizure of documents and PACE 1984.
- Consent, DPA 2018, confidentiality and legally privileged materials.
- Compulsory powers and Section 20 HSWA 1974.
We’ll discuss who and what might be involved, including:
- The police.
- HSE and other regulators.
- Coroner.
- Claimants.
- Insurers.
- Third parties i.e. press, FOI and experts.
- Internal investigations and legal privilege.
- Professional bodies and unions.
- Disciplinary investigation.
- Serious case review.
We’ll talk to you about your current plans and processes for managing a serious incident to ensure it’s robust and fit for purpose:
- Outline a plan.
- Agree key internal stakeholders.
- Identify key external contacts.
- Set out regulatory powers, ensure you’re well informed.
- Set out a framework for what investigation involves.
- Key steps to consider:
- Who to contact.
- Record keeping.
- Example report framework.
- Remedial measures.
- Lessons learnt.
Health and safety in HEIs FAQs
Health and safety in education are crucial due to the school's duty of care to protect students during learning and extracurricular activities, which includes complying with legal regulations to avoid penalties. Effective risk management helps provide valuable experiences while keeping students, staff, and visitors safe from potential hazards. A strong health and safety policy ultimately creates a secure environment that is essential for successful teaching and learning.
Health and safety legislation in education is primarily governed by the Health and Safety at Work etc. Act 1974 (HSWA), which mandates that schools safeguard the well-being of both staff and students, including those with special educational needs. This act works alongside the Equality Act to ensure that all students can participate safely without excessive restrictions. Schools must carry out sensible risk assessments and implement reasonable adjustments to create a safe learning environment.
The Health and Safety at Work etc. Act 1974 (HSWA) also governs universities, obliging them to protect the health and safety of employees, students, and visitors. Institutions are responsible for identifying potential hazards and managing risks to foster a secure educational setting. To comply with this law, universities must conduct thorough risk assessments and take appropriate steps to ensure the safety of all individuals on campus.
Key contact
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Stephanie McGarry
Partner
Stephanie specialises in regulatory law with a particular focus on the issues affecting the education sector. Stephanie advises on policy drafting ranging from consumer protection to mental health and wellbeing.
stephanie.mcgarry@brownejacobson.com
+44(0)115 908 4113