Unit 5

• Legislation


  A law or set of laws that have been passed by Parliament
• Framework


  A set of standards that must be met
• Policy


  An action adopted by an organisation
• Procedure


  An established way of carrying out a policy
• Statutory


  Required by statute (law)
• Non-statutory


  Advised but not a legal requirement. Sometimes referred to as "common law"
• If something is statutory then it is set in law and it is illegal not to comply with it. If you do not follow statutory information, you could be arrested and charged with a crime.
• If something is non-statutory it is not a legal requirement. This does not mean it is less important and can be ignored. It is based on good practice, and it is therefore still important to comply with it. It is often called common law as there is an expectation that it will be complied with even though it is not law.
• Examples of legislation, frameworks, policies and procedures

  • Legislation – always statutory
  • Frameworks – can be statutory or non-statutory
  • Policies – can be statutory or non-statutory
  • Procedures – can be statutory or non-statutory
• List of legislation, frameworks, policies and procedures

  • EYFS framework (Statutory)
  • Development Matters (Non-statutory – This is guidance for implementing the EYFS learning and development)
  • Safeguarding policy (Statutory to have one but it does not legally need to be written down)
  • Health and Safety at Work Act etc 1974. (Statutory)
  • Play policy. (Non-statutory)
  • Record keeping procedure (Statutory under the GDPR – General Data Protection Regulation 2018). Does not legally have to be a written procedure
  • Written health and safety policy. (Statutory if you have five or more employees)
  • Nappy changing policy (Non-statutory)
  • Enhanced criminal record checks through the DBS. (Statutory)
  • Equality Act 2010. (Statutory)
  • Defined staff to child ratios in a nursery. (Statutory)
  • Allergies policy. (Non-statutory)
  • Reporting infectious diseases. (Statutory for some diseases such as meningitis but not for others such as chicken pox)
  • Defined amount of space per child in an early years setting. (Statutory)
• Although this Act was passed a long time ago, the contents are still relevant today and must be adhered to.
• This Act was brought in following a large number of workplace deaths that could have been prevented.
• Why we need the Health and Safety at Work etc. Act 1974

  • To reduce the risk of workplace injuries and deaths
  • To identify expectations of health and safety in the workplace
  • To ensure the welfare of everyone on the premises, not just the employees
• Key requirements of the Health and Safety at Work etc. Act 1974


  • The environment
  • Equipment
  • Staff training
  • Risk assessment
  • Facilities
  • Oversight of health and safety
• Requirements for the environment

  • Display a health and safety poster
  • Keep the environment clean and hygienic
  • Remove all tripping hazards
  • Consider fire safety and evacuation procedures
  • Secure any hazardous substances (for example, cleaning products)
  • Age-appropriate measures (for example, safety gates on stairs)
• Requirements for equipment


  • Use age and stage appropriate resources
  • Inspect resources regularly and remove damaged items
  • Regularly clean resources
  • Teach children to use the resources safely (for example, not to throw building bricks or sand)
• Requirements for staff training

  • Fire safety and evacuation
  • Handling food
  • Manual handling – Lifting babies and children correctly
  • Cleaning procedures
  • Risk assessment
  • First aid
  • General health and safety
  • Infection control
• Requirements for risk assessment

  • Identify hazards and the associated risks
  • Take action to reduce the risks
  • Regularly update
  • Ensure everyone is aware of the risk assessment and follows the actions identified
• Requirements for facilities


  • Available drinking water
  • Hand washing facilities
  • Sufficient toilets
  • Have electrical items PAT tested. (Portable appliance testing)
  • Access to fresh air
  • Heating for colder weather
• Requirements for oversight of health and safety

  • A named person in charge of checking health and safety is being followed
  • Carry out routine checks
  • Identify staff training required and check certificates
  • Ensure health and safety poster is displayed
• Children may be unable to identify risks accurately themselves.
• Children are naturally curious and therefore do unexpected things that could put them at risk.
• Children can move quickly so the environment needs to be as safe as possible.
• Children often explore their environment by putting things in their mouths.
• It is a legal requirement to provide a safe setting for the children, staff and visitors.
• Infection


  The passing of germs from one person to another
• How germs can be spread

  • Touch – bodily contact, surfaces, food
  • Animals – faeces, touching them
  • Air borne – sneezing, coughing
  • Bodily fluids – blood, urine, faeces, vomit
  • Waste materials – rotten food, build up of germs, nappies, tissues
• An early years setting is a high-risk area for the spread of germs as the main users are children.
• Children have not always developed healthy habits and routines to reduce the spread of infection and are not aware of infection control which provides a high number of opportunities for infection to spread.
• It is therefore particularly important for the early years practitioner to follow health and safety procedures to reduce the spread of infection.
• Policies that an early years setting might have

  • Wash hands regularly
  • Support children with healthy routines and habits
  • Keep surfaces clean and wash resources regularly
  • Train staff in practices such as food hygiene
  • Dispose of waste safely
  • Follow guidance from the Health and Safety Executive (HSE). They are the regulator for health and safety
• The role of the early years practitioner: Nappy changing


  • Wash hands before changing the child
  • Use PPE (personal protective equipment) such as gloves, apron etc. Dispose after each use
  • Minimise touching surfaces. Do not touch your face
  • Ensure bodily fluids are contained in the nappy as far as possible
  • Dispose of nappy and wipes in a nappy bin that seals after each use to reduce airborne germs when the bin is opened
  • Wipe the changing area with anti-bacterial cleaning fluid after every use
  • Wash hands – yours and the child's
• The role of the early years practitioner: Mealtimes


  • Ensure food is prepared safely by someone with a food hygiene certificate
  • Wash hands – yours and the children's
  • Wipe the dinner table with anti-bacterial cleaning fluid before use
  • Encourage children to go to the toilet before dinner to minimise the need for anyone to leave the table during dinner
  • Ensure the children have space to move comfortably so they are not squashed together
  • Encourage children to only touch their own plates of food and not to share cutlery, food etc
  • Encourage the use of good habits such as covering their mouth if they cough
  • Clear the plates away straight after use and wash at a high temperature with cleaning fluid
  • Wash hands and clean teeth
• The role of the early years practitioner: Role play

  • Restrict the number of children using the role play area at any one time
  • Discourage children from putting items in their mouths
  • Wash the soft fabric items on a hot wash in a washing machine regularly
  • Use anti-bacterial cleaning fluid to wipe down all hard surface resources
  • Encourage children to use good habits such as covering their mouths if coughing or sneezing
  • Encourage children to wash their hands before playing in the role play area
• The role of the early years practitioner: Vomiting child

  • Use PPE – gloves and apron
  • Use two staff, where possible – one to attend to the child and one to attend to the vomit. If this is not possible, cordon off the area of vomit and attend to the child first
  • Remove the vomit with disposable cloths which are put into a sealable bag and dispose of the bag in an outdoor bin
  • Clean the area with anti-bacterial cleaning fluid and hot water
  • Ensure the area is not accessible to children until the floor is dry
  • Wash the child's clothes in a washing machine
  • Keep the child in a quiet area away from other children until they are collected by their parents/carers. Supervise them
• Childhood illnesses


  Illnesses that are common in children
• Common childhood illnesses


  • Chickenpox
  • Common cold
  • Measles
  • Diarrhoea and vomiting
  • Mumps
  • Meningitis
• Chickenpox


  • Symptoms include red spots that develop into blisters. They are usually in clusters and become very itchy
  • May have a temperature and loss of appetite
  • Contagious until the blisters crust over which usually takes 5-6 days and the child must stay at home while contagious
  • No need for medical treatment unless they show more serious symptoms
• Common cold


  • Symptoms can include a runny or blocked nose, sore throat, sneezing, coughing
  • Usually contagious for 10–14 days but most settings allow children to attend with a cold as it is usually a mild illness
  • Medical treatment should not be needed unless children have severe symptoms such as dehydration or an extremely high temperature
• Measles


  • Symptoms start off similar to the common cold, but the child can have a very high temperature. Tiny white spots can appear inside the mouth
  • A rash usually appears a few days after the cold-like symptoms
  • The rash is usually flat red spots that spread down the body and can join together as it spreads
  • This is rare now due to the MMR vaccination
  • This does not usually require medical treatment unless the child's temperature is very high or they appear very ill. Contagious for about 7–10 days