EAST RIDING OF YORKSHIRE COUNCIL
CHILDREN’S CAR SEAT GUIDANCE DOCUMENT
1. Background
The content of this document is supplementary to legislative requirements and all persons who carry children on behalf of East Riding Yorkshire Council must fulfil their legal requirements.
The purpose of this safety guidance document, on the use of children’s car seats, is to establish a standard which employees should work to, assist individuals who look after children on behalf of the council and clarify the expectation of agencies who care for children on behalf of East Riding Yorkshire council.
2. Foreword
In accordance with the councils’ corporate safety policy, the council is committed to pursuing continual improvements in health and safety. This safety guidance document supports this commitment and forms part of the councils’ health and safety management system.
3. Implementation
Directorates are responsible for the implementation of this safety guidance document, and communication of its content as appropriate.
This safety guidance document should be made available to all agencies, ERYC employees and individuals who look after children on behalf of the East Riding of Yorkshire Council.
A review of this safety guidance document will be undertaken 2 years after its implementation, and where significant changes in legislation or working practices deem this appropriate.
4. Roles and Responsibilities
4.1 Director and Heads of Service
Directors and heads of services are ultimately responsible and accountable to the chief executive for ensuring this safety guidance document is issued to their management team.
4.2. Managers
Managers are responsible for achieving the objectives of this safety guidance document where relevant to their area of service delivery and are responsible for ensuring that:
§ The information contained within this safety guidance document is implemented and complied with;
§ Risk assessments are completed taking into consideration the arrangements section of this document;
§ Control measures (safe systems of work) are introduced to reduce any potential risks to a reasonable level;
§ Relevant information, instruction and training is provided to staff and individuals who look after children to enable them to undertake their job safely and without risk;
§ Specify the training competencies that agencies, who provide services for East Riding Yorkshire Council, train and assess their employees
§ Provision and maintenance of equipment
4.3. Employees
Employees must ensure they carry out assigned tasks and duties in accordance with information, instruction, training and agreed safe systems of work. Specifically they must ensure:
§ Use car seats in accordance with legal requirements
§ This safety guidance document is complied with;
§ They participate in the completion and review of risk assessments;
§ They cooperate to enable their manager to formulate and implement effective management systems;
§ They undertake training in techniques and equipment available;
§ They report defective equipment;
§ They inform management where they have concerns about an individual client and the need to re-assess transportation offered;
§ Notify manager of changes to their own health;
§ Their own health and safety and that of others are not put at risk by their actions;
§ Ensure vehicle seat and children’s car seats purchased and used by ERCY are compatible when renewing vehicles.
5. Arrangements
5.1 Vehicles
Euro NCAP crash tests have identified that front passenger seats are lower safety performance rated than other seats in a vehicle.
Therefore children under the age of 12 will normally be carried in the rear of vehicles. Exceptions to this are medical conditions, health and physical restrictions, where the number of children requiring transportation exceeds the rear seatbelt provision.
All vehicles used to transport children must have seat belts fitted for driver and all passengers.
Vehicles must conform to legal requirements and the driver is responsible for this compliance.
5.2 Car Seats
All children must be transported in the correct child seats and/or restraints according to the height and weight of the children.
The law requires all children travelling in cars use the correct child restraint until they are either 135 cm in height or the age of 12 (whichever they reach first). After this they must use an adult seat belt.
It is the driver's responsibility to ensure that children regardless of age, wear the correct child restraint whilst the vehicle is operational.
5.2.1 Children up to 3 years old
In the Front Seat
Under normal circumstances, employees do not carry children under 3 years old in the front of a vehicle.
The child must use the correct child restraint and the passenger air bag must be de-activated.
In the Rear Seat
The child must use the correct child restraint.
In a licensed taxi or licensed hire car, if a child restraint is not available then the child may travel unrestrained in the rear. This is the only exception for children under 3, and has been introduced for practical rather than safety reasons.
5.2.2 Children aged 3 and above, until they reach EITHER their 12th birthday OR 135cm in height
In the Front Seat
The child must use the correct child restraint.
In the Rear Seat
The child must use the correct restraint.
ERYC permit one exception, in a licensed taxi or private hire vehicle, where there is not a child seat available and the child must use the adult belt instead.
5.2.3 Children over 1.35 metres in height, or who are 12 or 13 years old
Regardless of where the child is sitting the adult seat belt must be worn at all times when the vehicle is operational.
5.2.4 Passengers Over 14 years old
Regardless of where the child is sitting the adult seat belt must be worn at all times when the vehicle is operational.
5.2.5 Other Vehicles (vans, buses, coaches, minibuses and goods vehicles)
Front Seats
The law requires children (and adults) travelling in the front of all vehicles, including vans, buses, coaches, minibuses and goods vehicles to use an appropriate child restraint or adult seat belts.
Rear Seats in Small Minibuses
Passengers sitting in the rear of minibuses that have an unladen weight of 2,540 kg or less must wear the seat belts that are provided. It is the driver’s responsibility to ensure that :
· children under 3 years of age use an appropriate child restraint if available.
· children aged between 3 and 11 years, under 1.35 metres tall use an appropriate child restraint if available, or if not available, wear the seat belt, if available.
5.3 Equipment
Dropped, damaged or seats which have been involved in an accident must not be used. The protection offered to users will reduced.
5.3.1 Employee Use
East Riding Yorkshire Council will supply child car seats for its employees to use for work purposes. If seats are drawn from office stock and used once and returned they must be pre-inspected on every use. If the seat is dropped, damaged or involved in an accident the employee must notify the line manager and the straps cut on the seat so that it cannot be reused.
Dependent on the number of children carried, seats may be issued to the employee for the course of their employment. The employee must ensure correct storage and hygiene. The line manager must be notified immediately if seats are no longer fit for purpose.
5.3.2 Private Foster and Guardian Parents/Kinship Carers
East Riding Yorkshire Council will financially support the purchase and fit of a new and appropriate child car seat. During the fitting, observation must be made to enable safe re-installation as required.
If the seat is damaged, dropped or involved in an accident it is to be returned and further financial support will be offered.
5.3.3 Agencies
Agencies will be required to provide the correct car seats for the children being transported and ensure that they are maintained to appropriate standard.
5.3.4 Pre-Use Checks
Children’s car seats must be inspected every time they are refit in to a vehicle. The check is a visual inspection for:
a. Hygiene
b. seating/padding and frame damage
c. restraint or webbing damage
d. anchor points (damager/corrosion)
e suitability for fit into vehicle
5.4 Storage
5.4.1 Vehicle – if the seat is kept in the vehicle it must be secured in position ready for a child to use or secure in the boot, to avoid damage or becoming a hazard in a collision.
5.4.2 General Non-Vehicle – the seats must be stored, in a dry location, off the ground and out of direct sunlight and generally in a position to avoid non-use related damage.
5.5 Training
Appendix 1 is the recommended course content for all persons/agencies who transport children in car seats on behalf of ERYC.
The recommended refresher period is every 3 years, or upon significant change in children’s car seat design.