The EYFS does not replace any of the following legislation and regulations pertaining to services for young children, but finding your way around some of them can be a challenge, especially when there are frequent changes and amendments. However it is vital that providers have an understanding of the relevant health and safety legislation and the legal requirements that underpin the EYFS. It is also helpful for practitioners at all levels to be familiar with the key legal requirements that affect their day to day practice and know where to access updates and further information.

Health and Safety at Work Act (1974)

This is the main legislation that sets out employers duties to staff, where more than 5 staff are employed, and to the public as well as the duties of employees towards themselves and others.

Download Health and safety Law; what you should know

Management of Health and Safety at Work Regulations 1992

This requires employers to carry out risk assessment. Those with 5 or more employees need to record the findings of the risk assessment. Employers must appoint a competent person, ensure staff are aware and trained, know what to do in an emergency and where premises are shared, have common procedures for all. This last point is relevant for settings who share premises, for example in a community building.
Download Health and Safety Regulations a short guide

Regulatory reform (Fire Safety) Order 2005

The new regime of fire safety enforcement came into force on 1st October 2006 replacing all previous fire safety regulations affecting childcare. The basis of the legislation is the fire risk assessment.

Download the Guidance for schools and early years settings
Download short guide

Disability Discrimination Act (1995)

This requires that health and safety risk assessments are carried out when making reasonable adjustments for disabled children, staff or visitors.

Download information about employers and service providers responsibilities from http://www.drc.org.uk

Regulation (EC) 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs.

This replaces the Food Safety (General Food Hygiene) Regulations (1995). All food businesses, including caterers, must apply food safety management procedures based on the principles of Hazard Analysis and Critical Control Point (HACCP) to their business. The basis for this is risk assessment as it applies to the purchase, storage, preparation and serving of food to prevent growth of bacteria and food contamination.

Download or order a copy of Safer Food Better Business from http://www.food.gov.uk/foodindustry/regulation/hygleg/hyglegresources/sfbb/sfbbcaterers

Electricity at Work Regulations 1989

This requires all electrical installations supply and sockets etc to be safe and that all appliances are safe. Employers are required to have all these checked annually by a qualified electrician, so that any faults can be identified and remedied.

Download leaflet from http://www.hse.gov.uk/pubns/indg231.pdf

Medicines Act (1968)

This stipulates that medication prescribed by a doctor can be administered by a non-medically qualified person and that, in the case of children, parental consent must be gained.
Records must be kept of all prescribed /non prescribed medication administered.
Note: non-prescribed (over the counter) medication can be administered by providers with parents prior written consent.
Download Managing Medicines in Schools and Early Years Settings (DfES 2005)

http://publications.teachernet.gov.uk/eOrderingDownload/1448-2005PDF-EN-02.pdf

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (1995)(known as RIDDOR)

This requires accident records to be kept, and that serious accidents that result in injuries needing treatment from a doctor, are reported to the Health and Safety Executive. In addition an outbreak of a serious disease, the death of a child or adult or dangerous event such as an explosion are also reportable.
Download information and report form from
http://www.hse.gov.uk/riddor/index.htm

Care of Substances Hazardous to Health Regulations 2002 (as amended 2004) (Known as COSHH)

This requires employers to keep a record of substances that could be hazardous to health, where they will be kept, how used and for what purpose, as well as what to do if they contact skin, eyes or are ingested. In a nursery setting, this mainly applies to cleaning chemicals and those used for general maintenance.

Download a guide from
http://www.hse.gov.uk/pubns/indg136.pdf

Health and Safety (First Aid ) Regulations (1981)

This requires employers to have a qualified first aider where more than 5 people are employed. There is also a duty of care to service users, including the need to hold a paediatric first aid qualification where young children and babies are cared for. This is alsos a legal requirement in the EYFS and a specific registration requirement in the Early Years register.
Download First Aid at Work Your questions answered
http://www.hse.gov.uk/pubns/indg214.pdf
Download Basic Advice on First Aid at Work
http://www.hse.gov.uk/pubns/indg347.pdf
Download Guidance for First Aid in schools
http://www.teachernet.gov.uk/_doc/4421/GFAS.pdf

Manual Handling Operations Regulations 1992 (as amended)

This covers jobs that involve lifting in an early years settings this will apply to lifting and carrying babies and young children, as well as furniture and large play equipment. It requires employers to ensure staff are trained to lift correctly so as to reduce back strain and injury caused through work tasks.
Download FAQs from
http://www.hse.gov.uk/contact/faqs/manualhandling.htm

Health and Safety (Display Screen Equipment) Regulations 1992 (as amended)

This is to reduce repetitive strain syndrome and eyesight problems in those using screens such as computer screens for long periods of time at work. It requires employers to ensure appropriate ergonomic workstations and that users have regular eyesight tests and have the right glasses if needed.