A SNAPSHOT OF CLIENT QUERIES

We’ve picked a few of the most interesting questions we’ve dealt with since our last issue, which may be useful if you ever find yourself in a similar situation at your school.

Query: We have Radon detectors in part of our school and over a few weeks, the readings fluctuate considerably. What is this caused by? Could electromagnetic devices influence the readings?

Radon measurement readings can be affected by a number of factors:

Severe weather events, such as intense thunderstorms and heavy rainfall along with snow and ice warnings, can significantly impact radon testing results. Storms affect atmospheric pressure, which in turn influences radon levels in facilities.

Rain and humidity can affect the radon levels in buildings. While light rain typically doesn't cause significant changes, heavier rain may slightly raise indoor radon levels. Strong winds that accompany rain, especially when hitting a side of the building with fewer windows or doors, create negative pressure inside. This negative pressure can draw radon from the soil into the building, raising indoor levels.

On the other hand, when winds hit a side of the house with fewer windows and doors, they create negative indoor pressure. This negative pressure pulls radon from the soil into the building, temporarily increasing radon levels indoors.

Cold weather compacts the ground, forcing radon to escape in different directions. Lower atmospheric pressure during storms can cause radon to move faster into properties. High winds may either push radon out, increasing indoor pressure, or draw it in, creating a low-pressure "vacuum" effect inside the building.

Frozen precipitation like ice and snow can lower indoor radon levels. Similar to higher barometric pressure, ice and snow form a barrier that prevents radon from escaping the soil and entering the home.

If heating is used frequently, this rising hot air can carry radon upward. Studies have also found a link between earthquakes and indoor radon levels. For instance, in Korea, researchers observed spikes in indoor radon concentrations following seismic activity. Similar patterns have been noticed in the UK, where minor tremors have caused radon level fluctuations, especially when using continuous radon monitors.

Accurate radon testing requires maintaining closed-room conditions throughout the testing period. This means keeping windows and doors shut except for normal entry and exit. Opening doors or windows more frequently during testing can alter airflow and temperature, temporarily affecting radon levels. Sources of heat can also change the air movement in a building, impacting radon readings.

Electrical appliances only seems to effect radon measurements if they generate heat. Many providers of radon testing devices suggest not putting them close to electrical devices, but this is due to changes in temperature rather than any electromagnetic interference. A 2018 Canadian study of the effect of electromagnetic fields on indoor and outdoor radon concentrations, could neither confirm or deny the effect of electricity on radon levels. It concluded:

Finally , it can be concluded from this study ,the presence of the residential houses near to high voltage power lines might lead to an increase in radon gas concentrations inside and outside these houses.

The school should, in the first instance, determine that the accident is work-related.

The HSE guidance on Types of Reportable Incidents states:

Over-7-day incapacitation of a worker

Work-related accidents must be reported where they result in an employee (or self-employed person) being away from work, or unable to do their normal work duties, for more than 7 consecutive days as the result of their injury. [...] This 7-day period does not include the day of the accident but does include weekends and rest days. The report must be made within 15 days of the accident.

Some situations will include days when the injured person would not normally have been expected to work. You must take those days into account when deciding whether they were unable to do their normal duties for ‘more than 7 consecutive days’.

After consultation with HSE, we can confirm this means that the day the injured party was not scheduled to work must be counted in as one of the seven consecutive days.

Query: We have received the attached letter on behalf of a local care service which states: 'Please only return this form if you wish to opt out of any of the above to your child’s school'. It is my understanding that if we do not hear from a parent, we therefore do not have a valid consent as I don't have any records of them consenting or can know for sure that a parent received the communication. Are you able to confirm if my understanding is correct?

Yes you are correct. Handsam contacted the Information Commissioner's Office (ICO) for clarification on the query. and they replied:

"Yes consent needs to be an affirmative action, so therefore a parent would have to 'opt -in'"

The ICO also recommended that the school should read their guidance on consent: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/lawful-basis/consent/what-is-valid-consent/

Any pro-forma, email or other form of communication which uses the wording that you have indicated, contravenes current UK GDPR regulations. Handsam would recommend that you contact the care service, informing them of the reason why the communication you have received cannot be shared with parents.

Query: We have had a member of staff trip and injure themselves on Mon 30th October (cuts, bruises, no fractures) but she is still off work. My understanding is that for this injury it is not RIDDOR unless the staff member is off work for 7 days (not including the day of the accident but including weekends). Therefore the staff member needs to return to work on Tuesday 8th November for it not to be RIDDOR. However, the staff member does not work Tuesdays so wouldn’t return on that day anyway. So the question is, if the staff member does not come into work on Monday 7th October will this become RIDDOR, even if the return to work is on the Wednesday (ie the next day due to be worked)?