Issued: 15 July 2010
Student Placements - Health and Safety Policy and Guidance
CONTENTS
Policy
Purpose
Background: Risks and Liabilities
Definitions
Principles
Roles and Responsibilities
Arrangements Not Covered by this Policy
Guidance
Health and Safety in the Placement Process - Guidance for Placement
Learning Co-ordinators
Relevant Contact Details and Links to Other Sources of Information
Appendices
A.
Risk profiling and risk-reducing actions
B.
Risk assessment form for each placement or group of placements
C.
Clarifying Expectations - Content of Written Communication
D.
Insurance
PURPOSE
This Policy and Guidance is designed to reduce the likelihood of any of the following
undesirable outcomes arising during a student work or study placement, illustratively:
The student could be injured or suffer ill health as a result of working at a
placement provider.
The student could be injured or suffer ill health while on placement but not as
a result of working at the placement provider.
The actions of the student could cause injury or ill health to others, damage to
property, or loss of income to a business.
The Guidance set out in the section on 'Health and Safety in the Placement Process
- Guidance for Placement Learning Co-ordinators' describes what is required by the
University in approving placements, preparing students for placement, and
supporting the students in terms of their health and safety on placement both in the
UK and overseas.
BACKGROUND: RISKS AND LIABILITIES
If serious injury, ill health, damage to property, or loss of income to a placement
provider were to occur, then criminal or civil action might be taken against the
student, the placement provider, or the University depending on the circumstances.
If this were the case then, implementation of this policy and guidance will also
provide evidence in defence of criminal charges or civil claims.
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Issued: 15 July 2010
Criminal Liability
The following comments about criminal liability in the UK specifically relate to work
placements, rather than to study placements.
For placements in the UK, with regard to criminal liability under health and safety
legislation:
Primary responsibility for the management of the health and safety for a
student while on the placement lies with the placement provider (under
Section 2.1 of the Health and Safety at Work Act). The student will be treated
as equivalent to one of their own employees in relation to health and safety
matters.
The student has responsibilities to follow instructions and act sensibly to
protect their own health and safety and that of others (as set out in Sections 7
and 8 of the Health and Safety at Work Act).
Following the guidance contained in this document addresses these
responsibilities.
For placements outside the UK, the criminal liabilities on each party will be a matter
for the enforcing authorities and the courts in both the UK and in the country where
the placement occurs. With regard to placements abroad, implementation of this
guidance on sensible risk management will address criminal liability under UK law
(Section 3 of the Health and Safety at Work Act 1974) for non-employees.
Implementation of this policy and guidance will also provide evidence in defence of
charges of negligence under UK Corporate Manslaughter or Gross Negligence
Manslaughter legislation.
Civil Liabilities
The nature and extent of civil liabilities between the University, placement provider
and student and the nature and extent of their civil liabilities to others are affected by
many factors which will only be resolved in the courts and may depend on which
country’s legal system is deemed to have jurisdiction.
Civil liabilities are affected by the nature of any agreements between the parties, any
statements made by the parties in advance about what they offer, and civil law
relating to contracts and services.
Any statements that are made by the University or by functions or individuals of the
University about the extent of the University's duty of care could be taken as
admissions of liability and could significantly affect the outcome of criminal or civil
proceedings. For instance, this could include statements in marketing materials or
briefings to students about the checks that the University makes on placement
providers where it is later found that the specified processes were not carried out.
DEFINITIONS
Placement:
The term ‘placement’ refers to a period of work or study experience, paid or unpaid,
undertaken by a student:
which is undertaken as an integral part of the student’s course; and
where the student is enrolled at the University during this period; and
where there is the transfer of supervision of the student to a third party.
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Issued: 15 July 2010
Placement Provider:
The placement provider is the third party to whom, during the placement,
responsibility for supervision of the student is transferred. The University can be the
placement provider if it is the organisation providing the placement.
Workplace Supervisors:
Anyone engaged by the placement provider who is assigned to supervise or to look
after the student during the placement.
Placement Learning Co-ordinator:
Any member of staff to whom authority is devolved for authorising placements of
students with placement providers.
Placement/Visiting tutor:
Any individual employed by, or contracted to, the University who visits students on
placement.
PRINCIPLES
Health and safety is only one aspect of the support and development of students on
placement and thus it needs to be an integral part, rather than a stand-alone part, of
the whole experience.
There are three parties to any placement: the placement provider, the student, and
the University. It is important that each party should have a clear understanding of
their roles and responsibilities.
Since a placement is an integral part of the student’s course, the University has the
right to refuse to approve any placement on health and safety grounds.
Implementation of the risk management principles and guidance contained in this
Policy will reduce the likelihood of the health and safety risks described above and
also provides evidence that relevant necessary measures have been taken by the
University, the Department, and staff involved in organising placements in line with
current UCEA Health and Safety Guidance for the placement of Higher Education
students.1
The University considers that the good practice set out in this guidance is also
appropriate to study placements.
This policy and guidance encourages a risk-based and risk management approach
that can be applied by those involved in organising placements to all student
placements. This allows a lighter touch on placements with relatively low risks and
more rigorous control measures where the risks are greater.
Staff involved in organising placements should apply the following risk management
principles to student placements:
clarity of understanding by each party of their roles and responsibilities
preparation of the student such that they are in a position to understand the
risks and to make informed judgements
there are processes for enabling problems to be raised and resolved prior to,
during the course of, and at the conclusion of the placement
1
"UCEA Health and Safety Guidance for the placement of Higher Education
students", 2009.
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Issued: 15 July 2010
there are contingency plans in case there are exceptional circumstances
Staff who are involved in handling student placements should have guidance and
training on the arrangements that they must follow.
Students should be encouraged to learn how to assess and manage risk: the
application of these arrangements should encourage this.
ROLES AND RESPONSIBILITIES
The organisation and management of placements lies with the Department that
organises or approves the placement..
Heads of Department should seek assurance that the Placement Process set out in
the attached guidance and in the attached Appendices is being implemented; that
staff involved in organising placements are trained in these arrangements; that
Departmental guidance documents on student placements are in line with this
University Policy and guidance; and that their Department's business continuity
submission to the University includes details of who within the Department should
liaise with the University if problems arise.
Placement Learning Co-ordinators should advise their Head of Department of any
changes necessary to Departmental processes or guidance to students or
statements in promotional material in order to meet the requirements of this Policy
taking account that statements that go beyond the requirements of this Policy may
imply additional duties of care for the Department..
The University Health and Safety Department can provide training and support to
placement learning co-ordinators in the implementation of this Policy.
Primary responsibility for the management of the health and safety for a student
while on work placement in the UK lies with the placement provider (under Section
2.1 of the Health and Safety at Work Act). The student will be treated as equivalent
to one of their own employees in relation to health and safety matters.
Any responsibility under Section 3 of the Health and Safety at Work Act for the health
and safety for a student while on study placement in the UK lies primarily with the
placement provider.
The student has responsibilities to follow instructions and act sensibly to protect their
own health and safety and that of others (as set out in Sections 7 and 8 of the Health
and Safety at Work Act).
ARRANGEMENTS NOT COVERED BY THIS POLICY
There is separate guidance on managing health and safety regarding Fieldwork,
where the University retains responsibility for students undertaking practical work in
locations that are not under its control, i.e. where there is no transfer of supervision of
the student to a third party.
This Policy does not apply to arrangements where students organise their own
private internship as long as the internship is not an integral part of their course of
study.
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This Policy does not apply to students taking Voluntary Years Out since they are not
deemed to be enrolled at the University during this period. Students taking Voluntary
Years Out may wish to take note of this Policy and Guidance when planning their
year out.
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