Safeguarding and welfare

Health and Safety

As an Early Years Provider and Practitioner, it is essential to have a comprehensive understanding of the legal requirements and guidance surrounding health and safety in childcare settings. As well as being the law, it is part of being a good employer to make sure your staff are not at risk of any injury because of the work they do for you. In an early years setting, it is not just your staff that health and safety is important for, it is there of course to protect the children – and any visitors who come to your premises.

Whilst it is recognised that Early year's childcare providers have a corporate responsibility and duty of care towards staff, children and visitors, individual employees also have responsibility for ensuring their own health and safety as well as that of others. This is why it is so important to ensure all staff, regardless of what position they hold within your setting, recognise the role they must play in being vigilant and upholding a safety conscious culture within the setting.

The following sections provide an overview of the key aspects of health and safety regulations and guidance which all staff should have regard to.

Health and Safety Health and Safety at Work Act 1974

The cornerstone of health and safety legislation in the UK is the Health and Safety at Work Act (1974) (HSWA). This law outlines the general duties of employers, employees, and selfemployed individuals to ensure workplace safety.

For early years settings, this means that providers must ensure the health, safety, and welfare at work of all their employees and children.

This covers:

maintenance of buildings.
cleanliness of the general environment
safe use of equipment.
good working practices.
a written statement of safety policy

The Health and Safety Executive (HSE) is responsible for enforcing the HSWA along with local authorities. But of course, it is the responsibility of the Early Years provider to ensure that the health and safety measures put in place are adhered to.

Management of Health and Safety at Work Regulations 1999

Building on the HSWA, the Management of Health and Safety at Work Regulations 1999 requires employers to carry out risk assessments and make arrangements to implement necessary measures.

In an early years setting, this involves:

Identifying potential hazards (anything that can cause harm).
Assessing the risks (the likelihood of harm occurring and the severity of its impact).
Implementing control measures to minimise those risks.

The Early Years Foundation Stage (EYFS) Framework

The EYFS framework is statutory guidance that sets the standards for learning, development, and care for children from birth to five years old. It has specific welfare requirements, including health and safety. Key points include:

Practitioners must ensure environments are safe and suitable.
Policies and procedures must be in place for illness, injury, and emergencies
Staff should undergo regular training in health and safety matters.

Other key legislations and guidance which underpins health and safety in early settings is as follows

Set out below are considerations and further information around Health and Safety which Early Years and Childcare providers need to be aware off to ensure compliancy with statutory guidance and help the prevention of accidents and near missis.

Food Safety

The Food safety act 1990 requires early years providers to ensure that food served at the establishment meets appropriate food safety requirements and states that food handlers should be trained in food hygiene and understand the importance of:

regular hand washing,
proper food storage,
clean preparation areas.

The EYFS 2025 states:

There must be an area adequately equipped to provide healthy meals, snacks, and drinks for children, as necessary. There must be suitable facilities for the hygienic preparation of food for children, if necessary, including suitable sterilisation equipment for babies’ food. Providers must be confident that those responsible for preparing and handling food are competent to do so. All staff involved in preparing and handling food must receive training in food hygiene. (Section 3.71)

Providers must prepare food in a way to prevent choking. This guidance on food safety for young children: Food safety - Help for early years providers - GOV.UK (education.gov.uk) includes advice on food and drink to avoid, how to reduce the risk of choking and links to other useful resources for early years providers (Section 3.67)

Food safety regulations include:

The Food Standards Agency provides guidance, advice and information about all areas of enforcement and regulation to businesses connected with food. Before opening your childcare setting you should familiarise yourself with the information around setting up a food business, including the safer food, better business toolkit and food allergen and intolerance guidance.

Further information

Fire Safety

The Regulatory Reform (Fire Safety) Order Legislation states that early year's settings must carry out Fire Risk Assessments (FRA) and ensure appropriate fire safety measures are in place. These include:

Regular fire drills
Clear evacuation procedures.
Installation and maintenance of fire alarms and extinguishers

In addition to this the Early Years Foundation Stage Framework 2025 states that:

Providers must ensure that their premises, including overall floor space and outdoor spaces, are fit for purpose and suitable for the age of children cared for and the activities provided on the premises. Providers must comply with requirements of health and safety legislation, including fire safety and hygiene requirements. (Section 3.79)

Providers must take reasonable steps to ensure the safety of children, staff, and others on the premises in the case of fire or any other emergency. Providers must have: • An emergency evacuation procedure. • Appropriate fire detection and control equipment (for example, fire alarms, smoke detectors, fire blankets, and/or fire extinguishers) which is in working order. Fire exits must be clearly identifiable, and fire doors free of obstruction and easily opened from the inside. (Section 3.80)

The Creation of a Fire Risk Assessment (FRA)

The creation of a Fire Risk Assessment will help early years providers to take steps to reduce the risk of fire and as far as is ‘reasonably practical’ and ensure that procedures are in place so that everyone on the premises can safely evacuate the building in the event of a fire.

The government have provided some very in-depth information to support with this:

Fire Safety Assessment - However please be advised that even if you follow this document, it is still recommended that you seek professional support to carry out a Fire Safety Assessment.

Further information

Control of Substances Hazardous to Health (COSHH)

COSHH regulations require early years settings to manage and control exposure to harmful substances. COSHH covers substances in many forms, including chemicals and products containing chemicals (including cleaning products), medicines, art supplies, fumes, dusts, and vapours.

Practitioners must ensure these materials are stored safely and used according to their guidelines.

Implementing practices for the control of Substances Hazardous to Health (COSHH) in early years settings helps to create a safer environment for children, staff, and visitors.

Further information

For more information see the Health and Safety Executive's advice on COSHH.

The Reporting of Injuries, Diseases and Dangerous Occurrences (RIDDOR)

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) places a duty on employers, those self-employed, and people in control of work premises, to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences. In childcare settings any incident resulting in severe injury or risk should be reported to the Health and Safety Executive.

For more advice, including a list of occurrences which must be reported, see th Health and Safety Executive's information on RIDDOR.

First Aid

The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate first aid equipment facilities, and personnel. In childcare settings, this means: In childcare settings, this means ensuring that there is first aid kits fully stocked with the necessary supplies, as well as access to a designated first aider who is trained in paediatric first aid. Additionally, it is crucial to:

Regularly check and maintain equipment and furniture to prevent accidents and injuries.
Maintain a well-stocked first aid kit
Ensure that at least one member of staff has up to date paediatric first aid training.

In addition to this the EYFS 2025 states that:

At least one person who has a current paediatric first aid (PFA) certificate must always be on the premises and available when children are present and must accompany children on outings. The certificate must be for a full course consistent with the criteria set out in Annex A. PFA training26 must be renewed every three years and be relevant for people caring for young children and babies. (Section 3.36)

3.37 Providers should consider the number of children, staff, and layout of premises to ensure that a paediatric first aider is able to respond to emergencies quickly. 3.38 All staff who obtained a level 2 and/or level 3 qualification since 30 June 2016 must obtain a PFA qualification within three months of starting work to be included in the required staff: child ratios at level 2 or level 3 in an early years setting (section 3.37).

All staff who have completed the experience-based route must obtain a PFA qualification before they can be included in the staff: child ratios at level 3. To continue to be included in the ratio requirement the certificate must be renewed every 3 years28. 3.39 Providers should display (or make available to parents) staff PFA certificates or a list of staff who have a current PFA certificate (section 3.38)

Further information

HSE.GOV.UK - Health and Safety Executive first aid/legislation

The Health and Safety (First Aid) Regulations 1981

Risk Assessments

Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. This involves deciding what should be done as far as reasonably practicable possible to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary.

Most settings are regulated in a way which ensures children are protected from harm and that their opportunities for learning and development are maximised. However, risks and hazards still occur and must be considered when completing a risk assessment.

When completing risk assessments, you need to consider the benefits of risky play for children, the importance of children problem solving for themselves, and the role of the adult.

The Health and Safety Executive website contains essential information early years providers must be aware of to make sure you meet regulations and do not put children, visitors, staff, yourself, and your business at risk.

Further information

Examples of risk assessments and checklists can be found in the useful documents section and with our toolkit.

For advice and support regarding risk assessments for pupils with additional needs or disabilities please contact IDS or the child’s health visitor.

Reporting injuries

Minor scrapes and tumbles are an everyday occurrence in an early years setting and usually when it comes to dealing with minor accidents and injuries the administration of first aid, logging the injury in an accident book and informing parents is normal practice for a childcare provider.

However, if the injury is a severe injury, it is a statutory requirement for early years providers in England to notify Ofsted as soon as reasonably possible – and in any case not later than 14 days of becoming aware of the incident. More guidance on reporting children’s accidents and injuries can be found on the government’s website here

When you should report an incident to Ofsted

As detailed in the Early Years Compliance Handbook, childcare providers must notify Ofsted if a child in their care suffers a ‘serious injury.’

Reporting accidents to Ofsted

You can report the accident by calling 0300 123 1231 or report online using the designated ‘Notification of Early Years Provision Incident’ form on the Ofsted website.

Managing infection control

You must have a policy for responding to children who are ill, and this must be discussed with parents. Your policy should include arrangements for excluding children who are infectious, and the procedures for contacting a parent or another designated adult if a child becomes ill whilst in your care. Excluding children who have certain contagious illnesses helps to prevent others from becoming infected.

Preventing and controlling infections

Preventing and controlling infections in nurseries is another especially key area that can be problematic, but it is essential to put systems in place to avoid spreading germs. Young children are particularly susceptible to infections because their immunity is still developing. They also have close and frequent contact with other children and staff, so illness can spread easily.

Managing cases of infectious diseases posters can be downloaded and displayed in your settings to promote the latest advice and guidance in managing cases of infectious diseases.

A Guide to Health and Safety in Early Years and Childcare Settings

Ensuring a safe environment is a fundamental responsibility for every Early Years provider. This guide offers clear, practical advice on meeting legal requirements and implementing best practices to protect everyone in your setting—children, staff, and visitors alike. Designed for those working with children from birth to five years, it provides essential guidance to help you create a secure, compliant, and nurturing space where children can thrive.

A Guide to Health and Safety in Early Years and Childcare Settings (PDF, 710 KB)

Health and Safety Audit Tool for Early Years Providers

This audit tool is intended to assist Early Years Providers to conduct a health and safety audit within their own settings. Please note that this audit tool is inclusive of many considerations however it does not provide an exhaustive list. When carrying out an audit each provider should consider their unique environment, staffing base and cohort and identify additional health and safety aspects they may need to review / add, along those which are listed.

Health and Safety Audit Tool PDF( 256 KB)

Health and Safety Policy Framework for Early Years Settings

This comprehensive policy framework is designed to help Early Years providers create safe, compliant, and nurturing environments for children from birth to five years. It offers clear guidance on best practices in health and safety, ensuring your setting meets legal requirements while promoting the highest standards of care for children, staff, and visitors.

Health and Safety Policy Framework (PDF, 299 KB)

Risk Assessment template and Example Risk Assessments for Early Years Providers

Keeping children safe is at the heart of quality childcare. Our risk assessment template and example risk assessment may be used in conjunction with our Guide to Health and safety to help Early Years providers identify potential hazards and implement practical measures to reduce risks in everyday activities and environments. Designed for settings caring for children from birth to five years, these resources support compliance with legal requirements while promoting a safe, stimulating space for learning and play.