Child safety in preschool is one of the most important tasks of every educational institution. Despite the efforts of staff, emergencies do occur – falls, injuries, or other unexpected events. In such cases, strict procedures are in place, as outlined in the Regulation of the Minister of National Education and Sport of December 31, 2002, on health and safety in public and private schools and institutions (hereinafter referred to as the " Regulation "). Their goal is to provide the child with immediate assistance and to thoroughly investigate the circumstances of the incident.
Pursuant to Section 40 of the Regulation, every kindergarten employee who learns of an accident is obligated to immediately provide care to the injured person. This means immediately calling for professional medical assistance and, if necessary, providing first aid until the emergency services arrive. This action cannot be postponed or delegated to another employee – this obligation rests with every person employed at the facility.
Another key obligation is to immediately notify the appropriate individuals and institutions. As indicated in § 41 of the Regulation, each accident must be immediately reported to the child's parents or guardians, the occupational health and safety officer, the social labor inspector, the governing body, and the parents' council. In the case of serious, fatal, or collective accidents, the principal or authorized employee must also notify the prosecutor and the pedagogical supervisory authority, and in the case of poisoning, the state sanitary inspector. This broad scope of the reporting obligation is intended to ensure transparency and a rapid response from institutions responsible for children's safety.
Securing the scene of the accident is also crucial. The preschool director must ensure that the accident site is cordoned off and secured from unauthorized access until the accident investigation team arrives. This is to protect evidence and enable a reliable determination of the cause of the accident.
After an incident, the director appoints a post-accident team to conduct an investigation. The team consists of an occupational health and safety officer and a social labor inspector. If their participation is not possible, the director appoints other trained employees. The team is responsible for collecting evidence, analyzing the course of the incident, and preparing an accident report using the template specified in the regulation. This document serves as the basis for further action, including a potential claim report to the insurer.
During the proceedings, the head of the team is obligated to inform the injured party or their parents of their rights (§ 44 of the Regulation). A post-accident report should be prepared within 21 days of the conclusion of the proceedings and then delivered to the minor's parents or guardians. Parents have the right to review all evidence and, if they have any reservations about the content of the report, submit comments or motions. The body running the facility is obligated to review these comments and, if necessary, may order a new investigation or appoint a new team.
After the investigation is completed, the preschool director maintains a record of the accidents and discusses the causes and circumstances of the incident with staff to prevent similar situations in the future. The preschool is also responsible for implementing appropriate preventative measures, such as inspecting the technical condition of playground equipment, training staff in occupational health and safety, and properly supervising children.
In case of doubts as to the application of the provisions, the regulation provides for the possibility of appropriate application of the provisions on accidents at work, which is intended to ensure uniform standards of safety and health protection.
A preschool's responsibility in the event of a child's accident does not end with providing assistance – it encompasses a range of procedural, documentary, and preventative measures. Any negligence in this regard can have serious legal and ethical consequences. Therefore, it is crucial that preschool staff are aware of their responsibilities and respond immediately, in accordance with applicable regulations.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of October 22, 2025.
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