Managing Contractors in Schools and Academies

With the increasing number of schools in the UK moving towards self-governance by becoming academies and moving away from local authority control, it has become even more important that schools ensure they manage contractors correctly. But this is an area of safety that is often neglected.

There have been recent examples of prosecutions against schools for not managing contractors appropriately. For example in June 2015, Alpha Schools was fined £35,000 and ordered to pay £25,000 costs after breaching health and safety laws when an on-site worker was injured by a falling branch. An investigation by the Health and Safety Executive (HSE) later found that Alpha Schools had failed to check and use competent contractors to undertake arboriculture work.

Schools can ascertain their responsibilities regarding the management of contractors from a number of sources including the Health and Safety Executive (HSE). The HSE provide several publications that inform organisations and these include “ HSG159 -Managing contractors: A guide for employers” and “INDG 368 -Using contractors: A brief guide”. If a school is contracting construction work they will have duties as a client under the Construction Design and Management Regulations 2015 (CDM). These Regulations place duties on all those who can contribute to the health and safety of a construction project.

For many Head Teachers, School Business Managers and School Governors, the implications of CDM Regulations will be unfamiliar. The management of contractors for major construction work in schools is usually not directly managed by members of staff at the school. However, they may need to manage the school site differently during construction works including the security of the school site and the entrances and exits for pupils and visitors. When schools decide on works that fall under the CDM Regulations, the school must seek advice from the Local Authority or the Education Safety Office before the work is started.

It is typical for Head Teachers, Governors, Bursars and School Business Managers to select contractors and commence contracts for many other services such as cleaning, catering, grounds work and many types of maintenance work. Schools that are appointing contractors for work that falls outside the CDM Regulations are advised to form an ‘Approved List’ of contractors. This list would be for contractors that have been formally vetted by the school by providing appropriate documentation. The information required from contractors may include suitable insurance, their Health and Safety Policy, risk assessments, method statements and references. The school management must ensure that the contractor is competent to carry out the work and have received evidence of this.

Before appointing a contractor it is good practice to have a pre-meeting to discuss the work and how it will be managed. This will include planning and discussing codes of conduct for the contractor’s staff. Further review meetings should be scheduled and the contractor must be made aware of who the responsible school manager is to contact in the event of any concerns or issues.

It is important that the person within the school that is required to employ contractors understands the full legal responsibilities regarding the management of contractors. There have been cases where schools have not managed contractors appropriately such as the example at Aston Manor Academy that appointed Birmingham Glass Services (BGS) to refurbish windows. Four BGS staff worked on the project but did not receive an induction from the Academy. The Academy Trust failed to give any information to the BGS employees about the location of any asbestos-containing materials and was fined £10,000.

Therefore, schools need to train or inform staff that are managing contractors of their duties and responsibilities. In addition, a member of staff should be appointed as the person responsible for the management of contractors at the school and this should form part of their role.

Governing Bodies, Head Teachers and other school managers are responsible for the safeguarding of the children and vulnerable adults in their care and they shall be responsible for ensuring that adequate measures are in place to safeguard pupils whilst contractors are on the premises and whilst children are being transported to and from their premises. Therefore part of the school’s Safeguarding Policy must include the procedures for controlling and managing contractors that visit the school. It is important that these procedures take into account pupils that are at the school out of normal school hours such as ‘Breakfast Clubs’, after school activities or sports and Summer clubs.

In most cases, the best practice is to arrange maintenance work at times when pupils are not at the school or keep contractors segregated away from pupils if they are present. Ensure that contractors and pupils are appropriately supervised and put in place a ‘code of conduct’ for contractors to follow which should be given to them at their induction to the school. Schools should gain Disclosure and Barring Services (DBS) checks for all contractors that are regularly at the school working when pupils are on site. This may include contractors that work on-site permanently, for example, cleaning or catering staff but may also include regular visitors to the school such as fire alarm maintenance technicians or grounds and gardens contractors. Contractors that are on-site must be identifiable and this is usually accomplished by introducing a booking system and ensuring that contractors wear an identification badge or/and lanyard.

Hopefully, School leaders will follow the advice mentioned in the above article. If you would like further advice and guidance on this matter or you would like further information about our services and in particular how the SafetyMARK Award Scheme can help your school or Multi Academy Trust do not hesitate to call us on 01933 626444 or head over to In-House Safety to make an enquiry.