Work Experience Policy

TONY JOHNS

• Engineering construction in the N Sea oil and gas

• 25 yrs in challenging London Secondary schools – PE, Geography, Careers, Work exp, Deputy Head

• 30 yrs studying education and training accidents, incidents and fatalities - attending enquiries, inquests and criminal and civil court cases

• 4 schools closed on me…. recruited to Ofsted!

• Retired 1996 from mainstream teaching - F/T Ofsted

• Author of ‘Work-experience and the law’, Work Exp a Guide for schools (DfES) , ‘Work-related Learning & the Law’ (DfES) and 5 others.

• Retired 1996 from mainstream teaching - F/T Ofsted

• Professor of ‘Management Studies’ Johnson & Wales University, Rhode Island 2007 + work at sea 3 months a year teaching Captains -

(Commandante Francesco Shettino - Concordia)

- and senior officers on cruise liners...........

..............................someone has to do it!!!

UK Work Experience Policy 2013+

Agenda:

Evolution of the management GOLD STANDARD

Kent CC Draft Work Experience Policy (2013)

Key Government changes in policy and safeguarding

1 Disclosure & Barring Service - Oct 20122New HSE Guidance - May 2013 3DfE Policy and 16-19 Guidance - June 20134 OfSTED requirements 16-19 Study Programmes – June 2013

What’s happening in the rest of the UK?

Questions & Answers!

THE GOLD STANDARD

Since the mid 1970’s a work experience GOLD STANDARD has evolved, driven on by well intentioned Quality Standards, Awards and ever more demanding Contracts.

The history and evolution of relevant legislation guidance and contract requirements

• ROSLA (1972)• 1973 Education (Work Experience) Act• 1979 TEC National Code of Practice 1979 -1986 – Gone!• 1996 Education Act• 2000 The Management of H&S on Work Experience HSE - Withdrawn• 2002 Work Experience – a guide for schools (DfES) - Withdrawn• 2006 WRL and the Law (DfES)• 2011 Various web pages – Gone! • 2012 DfE Work Experience Mythbuster? - Gone!• 2013 HSE new guidance – May 2013

Department for Education

Key DfE people in hiding on WRL!• LA’s having to prioritise core services e.g.

children and families at risk• Work experience valued by many

employers & universities recruiting• Work experience will continue during

holidays for some• Unpaid internships for the privileged will

continue

Removing the statutory duty to deliver work related learning at KS4

Consultation Response: Overwhelming – Keep it in!Government (Gove) Response: Throw it out!

Contracts!

• In England & Wales the contractual arrangements of many organisers, for instance with TECs/LSCs, prescribed particular systems for assessing and monitoring the suitability of placements.

• These contracts are almost all gone now!

• However, organisers are advised to check any contractual requirements imposed by an LA or funding agency e.g. EFA)such as those prescribed in the old TEC National Code of Practice.

Kent CC Draft Work Experience Policy (2013)

Suggested modifications:

Kent CC requires our education institutions (providers), ‘as far as is practically possible’ to adhere to the law and current guidance issued by the relevant Government regulatory bodies. Providers should ensure they regularly review their management systems in relation to the advice and guidance available from the DfE, HSE and Ofsted and the contractual requirements of any relevant funding agencies.

Local variations in Kent include:

Nonsuch School endeavours, ‘as far as is practically possible’, to adhere to the law and current guidance issued by the relevant Government regulatory bodies. The school regularly reviews our management systems in relation to the advice and guidance available from the DfE, HSE and Ofsted and the contractual requirements of ]

any relevant funding agencies.

How Nonsuch School manages their work experience programme:

Key Government changes in policy and safeguarding

Safeguarding – all over the place!!

National guidance on ‘reasonable health and safety and safeguarding’ measures relating to legislation and evolving good practice needs to be in one document, updated in one web location, and not changed and updated in separate curriculum advice publications!!!!

Safeguarding – latest thinking• Munro review ongoing – reduced

numbers eligible for disclosure

• ISA will continue to manage the new barred lists (Children + Adults)

• CRB and ISA to electronically merge

• Check referred to both a CRB and DBS?

• Onus on employer or organisation to make decisions

• Volunteers taken out of scheme – exceptions – scouts, guides, youth work

• Disclosure goes to applicant who decides whether to proceed

• Employer can check authenticity online!!

DBS checks – visiting workers

• Myth: Schools must require enhanced Disclosure & Barring Service (DBS) checks from all visiting workers.

• Fact: There is no legal requirement on schools to require enhanced DBS checks from all visiting workers. Schools should not check visiting workers who have already been checked by their employer or who are escorted whilst on-site. If visiting workers are going to teach or have unsupervised contact with pupils, the school should ask the employer to confirm it has checked those workers.

DBS Checks - volunteers

• Myth: Schools must require an enhanced DBS check on all volunteers who have contact with children, whether in a classroom or on a school trip.

• Fact: There is no legal requirement for schools to require enhanced DBS checks from all volunteers. Guidance on when schools should check, or consider checking, volunteers can be found on the Department’s website. This guidance will be updated shortly to reflect wider changes to disclosure and barring arrangements.

Disclosure and Barring Service (formally CRB)

From July 2012 providers are no longer required to carry out enhanced Disclosure and Barring Services checks on employers/staff supervising young people aged 16-17 on work experience.

Safeguarding scoring of established placements

Make it easy for placement organisers to see the confidential track record of the placement

City Motors•Used for 5yrs •17 positive placements, no incidents, concerns or issues reported by students, parents, co-workers, support teachers•1 negative, unsatisfactory report, incident or concern (unsubstantiated)

City Motors (5) +17 -1

2 New HSE Guidance - May 2013

Reviewing the minimum legal requirements

The Management of Health and Safety on Work Experience - HSE - HSG 199 Withdrawn May 2013

• Until 2013 the ‘bible’ for work experience placement managers published in 2000.

• Well written with case studies and pragmatic and realistic approaches to assessing the suitability of placements.

• Expertly written by experienced legal writers avoiding ‘trip hazards’ for schools and LAs.

• Supplemented by ‘Young Worker’ HSE web pages.

  Young people and work

experiencePublished: May 2013

Young people and work experience

Published: May 2013

Introduction

 

Introducing students to the world of work can help them understand the work environment, choose future careers or prepare for employment. It can take the form of a short, or longer, placement with a placement provider (employer) where they will have the opportunity to observe and practice work tasks.

 

But work placement arrangements are too often seen as over-bureaucratic and burdensome, putting off potential employers. We must tackle this and stop over-interpretation of the law.  

• Taking on work experience students is easy.

• Many employers have considerable experience of successfully employing young people or taking on work experience students.

• If an employer has never employed a young person (under 18) before, there are just a few steps that they need to take[1].

• Schools and colleges or others organising placements need to check the employer has risk management arrangements in place. Conversations between the placement organiser and the employer could simply be noted for reference.

• If you are advised to do something contrary to, or that goes beyond, this guidance, you can question this by contacting HSE’s HSE’s Myth Buster Challenge Panel[2].

• Taking on work experience students should be straightforward for placement providers (employers). It should not be about generating unnecessary paperwork. This guidance cuts through the bureaucracy that some say stops them offering young people this vital knowledge and experience.

• The effectiveness of the employer’s risk management arrangements is what matters. Employers should already be managing the risks in their workplaces and are best placed to assess whether or not they need to do anything additional for a new young person joining them.

• Schools and colleges, or those organising placements, should simply ask sensible questions, in proportion to the level of risk, to satisfy themselves that those arrangements are in place.

•  • They should not be second-guessing employers’ risk assessments or requiring

additional paperwork

How to keep a sense of proportion

Do:• remember that the placement provider (employer) has primary responsibility for the

health and safety of the student and should be managing any significant risks

• take reasonable steps to satisfy yourself that they are doing this. For employers who are new to taking students on work experience, talk through what the student will do and any relevant precautions. It might be helpful to make a note of your conversation

• rely on past experience, or pooled experience, for example within the local authority area. You do not need to do it all again for a new student where an employer is known to you and has a good track record, and the student’s needs are no different to those on past placements

Keep checks in proportion to the environment:

– for a low-risk environment, such as an office or shop, with everyday risks that will mostly be familiar to the student, simply speaking with any new employer to confirm this should be enough. This can be part of the wider conversation on placement arrangements

– for environments with less familiar risks (eg in light assembly or packing facilities), talk to the employer and confirm they have arrangements for managing risks. This will need to include induction, supervision, site familiarisation, and any protective equipment that might be needed

– for a placement in a higher-risk environment such as construction, agriculture and manufacturing:

•discuss with the employer what work the student will be doing or observing, the risks involved and how these are managed.

•satisfy yourself that the instruction, training and supervisory arrangements have been properly thought

through•check that the employer understands about the specific factors[2]

relevant to employing young people•check that students know how to raise any health and safety

concerns

Don't• repeat the process for a new student, or visit unnecessarily, where an employer is

known to you and has a good track record, and the student’s needs are no different to those on past placements

• seek additional paperwork for assurance purposes, or seek to second-guess the employer’s risk assessment or their risk control measures:

– you are unlikely to have the knowledge to evaluate the assessment– this could give the false impression that you have ‘approved’ it– employers with fewer than five employees are not required to have a written

assessment• duplicate checks on employers. Schools and colleges using a third party to arrange

placements should work with them to make sure employers are not requested to do things twice

Work experience a guide for..... Schools / EmployersWithdrawn May 2013

Schools should make full use in their planning of the substantial body of professional expertise available in the various education business links organisations.

Post-16 work experience as a part of 16 to 19 study programmesPublished: June 2013Reference: DFE-00210-2013

IntroductionRevised Health and Safety guidance has now been published which makes it very clear that much of the health and safety practice which has grown up around the provision of work experience reflects custom and practice rather than legal requirements8.

Risk assessments

The employer is responsible for the health and safety of students whilst on a work experience placement. Education providers must satisfy themselves that an employer has assessed the associated risks to workers under 18 on their premises and has put in place measures to mitigate these risks. The nature of the risk assessment will depend on the type of work environment. Assurance can be gained through a conversation with the employer rather than a physical inspection or requiring the employer to complete lengthy forms.

The Health and Safety at Work Act 1974 has been amended so that a civil action for breach of health and safety legislation may only be brought where it has been proved that the employer has been negligent. The provision covers all those in the workplace - including work experience placements, interns, apprentices, and volunteers in workplaces where there is also paid employment. This came into effect on 1st October 2013.

Education institutions should agree with both students and employers:

• the education and training goals of the placement

• reasonable expectations on student conduct

• the role of the employer in providing supervision and training.

 

This agreement can take the form of a short note or email from the education institution to the student and the employer. This is in line with good practice in the provision of work experience as part of a 16-19 study programme and to meet EFA audit requirements for the provision of work experience.

Disclosure and Barring Service (formally CRB)

From July 2012 providers are no longer required to carry out enhanced Disclosure and Barring Services checks on employers/staff supervising young people aged 16-17 on work experience.

 Inspection and health and safety: learning and skills inspections

Published: June 2013Introduction

Ofsted often receives questions about inspectors’ approach to inspecting health and safety. Providers want to find out whether Ofsted expects to see rigorous health and safety checks on inspection; the extent to which inspectors check health and safety documentation for learners on work placements; and if Ofsted conducts a health and safety audit.

Ofsted is not a health and safety authority and it is not responsible for auditing health and safety standards within the learning environment. However inspectors have a duty to take prompt and proportionate action and to report significant health and safety risks affecting learners which are identified during the course of an inspection.

Inspection and health and safety: learning and skills inspections

2) Effectiveness of leadership and management (Handbook page 60-1, para.182):

In judging the effectiveness of leadership and management, inspectors must evaluate the extent to which (amongst other things): •Leaders and managers safeguard all learners

 

To make this judgement inspectors will consider (amongst other things): •appropriate arrangements for health and safety protect staff and learners from harm.

•Any learning environment or work placement must be fit for purpose, properly planned and evaluated to ensure it meets appropriate standards and meets learners’ needs. Nevertheless inspections should not be regarded as health and safety audits although inspectors will adopt a proportionate approach to checking that the employer has appropriate health and safety systems in place and will identify significant health and safety issues affecting learners where they arise.

Inspection and health and safety: learning and skills inspections

The responsibilities of the provider and the employer with respect to health and safety in the context of work experience

Inspectors will have regard to new guidance from the Health and Safety Executive about the relative responsibilities of the training provider and the employer which emphasises the following:

the employer has primary responsibility for the health and safety of the learner and should be managing any risks

the training provider should take reasonable steps to satisfy itself that the employer is managing the risks

the training provider should keep checks in proportion to the level of risk, which will vary in relation to the type of working environment involved.

the provider should avoid seeking paperwork for assurance purposes, using an exchange of emails or correspondence to provide an audit trail if this is needed.

The provider shouldn’t try to ‘second guess’ the employer’s risk assessment by undertaking their own

What’s happening in the rest of the UK?

Pre 16 LOCAL STRATEGIES 2010+

(25m Funding withdrawn Easter 2011)

• Do nothing - stick with present system you feel comfortable with and have fought hard to achieve

• EBPs implement cost savings to survive• Schools go independent in an attempt to reduce overheads• Schools adopt consortium approach (safety in numbers)• EBP’s consolidate regionally (economies of scale)• EBP’s pursue alternative revenue streams to survive

Comparative costs – 8 London EBP’s 2011

Regional Units!

For the moment it makes sense to develop (at least electronically networked) 10 Regional Units

Typical Letter of Understanding/agreement

Eliminate insulting conditions e.g.

I promise NOT to:

• make them do anything unlawful

• make then do anything dangerous

• introduce them to a known sex offender or paedophile

• abuse them myself

• restrict their use of the toilets and rest facilities

• force them to work unreasonable and unlawful hours

• let them travel in vehicles I know not to be insured

• make them do meaningless work

Questions & Answers!