EBP Myth Buster Are the following statements a myth? - PowerPoint Presentation

1. EBPMyth Buster

2. Are the following statements a myth?

3. Example 1It is illegal for young people under the age of 18 to work on a building site

4. HSE Guidance states: “There is no reason why a young person under 18 could not be employed on a building site for work or work experience, provided the work was properly assessed and suitable controls put in place.” Although there may be times when it would not be appropriate

5. Example 2The Education Business Partnership are responsible for carrying out Health & Safety Audits, Inspection and Risk Assessments of companies

6. The employer who is taking the student for work experience has the primary responsibility for health and safety. It is not for schools, colleges or those organising work experience placements on their behalf, to assess work places. However, schools, colleges and others organising placements do need to take reasonable steps to satisfy themselves that an employer is managing any significant risks. The EBP validate the Health, Safety & Welfare arrangements of companies & organisations offering work experience placements

7. Example 3Students can go on work experience where a company holds Public Liability Insurance

8. The insurance required for work experience is Employer Liability Insurance

9. Public Liability InsurancePLI covers for claims made against a company by members of the public or other businesses, but not for claims by employees. While public liability insurance is generally voluntary, employers' liability insurance is compulsory. Public Liability Insurance covers cost of claims made by members of the public for incidents that occur in connection with business activities. It covers the cost of compensation for personal injuries, loss of or damage to property or death. PLI also covers the company against injury or damage caused by a company’s product. Most public liability policies cover for incidents that occur on individual business premises and incidents that take place off-site and at events or activities organised by the company.

10. Example 4Business Car Insurance is required when students are passengers in vehicles while on work experience

11. The law assists in answering this question         A minimum of ‘Third Party’ motor  insurance is a legal requirement for the UK.  A ‘third party’ constitutes:  Any occupant of the vehicle in questionDrivers Occupants of other vehiclesOther road usersPedestriansCyclistsWorkers etc.  In other words just about anyone who might have the misfortune to be involved with an accident with the exception of the ‘insured’ driver (as drivers in the widest terms, we generally have no personal cover).  So providing that the driver in question has a minimum of third party insurance, which is the law, then the above applies i.e. occupants of their vehicles are covered in the event of accident. 

12. Example 5Work Experience can take place out side of school/college term time

13. If the activity has been initiated personally by the learner and the school/college has not influenced their choice in any way, the work can be recognised without having to apply the full WEX process to the placementHowever, if the school/college has organised or promoted the placement to a student or the activity is undertaken in normal school/college hours then they would be seen as endorsing the placement and assume the full duty of care for that learner

14. Example 6Pre 16 Students are allowed to carry out work experience abroad

15. Pre 16 Placements abroad are complicated because of:Issues validating health, safety and welfareHealth, safety and welfare laws may not be as rigorous as those in the UKIssues validating appropriate insurancesSupervision of student (not only for working hours, the remainder of the day must also be accounted for) Monitoring (schools must monitor placements regularly)

16. Example 7Students can go on work experience where H&S has not been validated and ELI insurance is not in place

17. Placements should not be sanctioned by schools or colleges where ELI is not in place and/or the H&S cannot be validated

18. In addition.......Letters from parents accepting full responsibility for the health, safety and welfare of their son/daughter while on placement should be avoided. As such declarations do not absolve the school/college from its legal responsibility or duty of care to the studentIn instances where parents insist that their son/daughter undertakes a work placement that has not been validated, the school should formally refuse to sanction the placement. Where the parent still insists that the learner attends the placement the school should advise that it will be at their own risk and as far as the school is concerned the students’ absence will unauthorised and not classified as work experience.

19. Example 8 Family business do not need to have Employer Liability Insurance in place for work experience students

20. Family businesses are exempt from Employer Liability Insurance, i.e if all of your employees are closely related to you (such as husband, wife, civil partner, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister). However, this exemption does not apply to family businesses which are incorporated as limited companies.

21. Example 9 Sole Traders do not need to have Employer Liability Insurance in place for work experience students

22. Sole Traders do not require ELI for themselves, however students on placements will become “employees” (under H&S Law) therefore Employer Liability Insurance is required.

23. Example 10Students have to be aged 18 to work or carry out work experience in Tattoo Studios

24. There is no prohibition in health and safety legislation on the employment of young people under 18 in tattoo parlours.

25. Example 11Students need to have a DBS / CRB to carry out work experience in certain occupations (children & vulnerable adults)

26. It is not legal for Pre-16 students to be subject to DBS as stated by the Safeguarding Children and Safer Recruitment in Education guidelines issued by DfE in 2007.  The main reason is that Pre 16 WEX students should be under supervision at all times.  Post 16 students are eligible to a DBS check and if this is the policy of the placement provider it is up to the school/college to decide if the placement should go ahead. 

27. For organisations insisting on a DBS, it is down to them to undertake the process and gain clearance.There should be no cost attached to this process (at least no cost re DBS service) however there could be administrative charges/costs appliedPost 16 students can normally be DBS checked as part of their course requirements by the course provider and placement providers can request information via the DBS Update Service (where students have elected to do so)

28. Example 12The EBP set working hours for work experience

29. Employers will decide on appropriate working hours with general advice & guidance from the EBP if requiredGeneral guidance (Working Time Regulations 1998):Students should not work more than 40 hours per week or no more than 5 days consecutively. They should not work before 7am or finish after 8pm, unless special arrangements have been made with the school and parents/ guardians.

30. Example 13Extended placements where H&S is in date at the start of WEX, but expired at end of WEX cannot go ahead without a new H&S Validation visit

31. The placement can start in this instance, although a new H&S visit is required before the end of the placement. This should be requested as a new H&S visit as soon as possible

32. Example 14Work experience is allowed in all industries/sectors

33. Placements are dependent on a variety of things:Company policy to work experienceLegal requirementsInsurancesSupervision of studentInduction, Training & PPE as required

34. Individual questions?Own myths & case studies?Anything else?Q & A