Department fined over OH&S

By Bob Lipscombe

The Department of Education and Training (DET) has been fined a total of $160,000 for three breaches of the Occupational Health and Safety Act relating to incidents that occurred at Kurrumbee SSP.

The successful prosecution, undertaken by the Public Service Association, related to incidents that occurred on February 9, 1999 during a teachers' strike.

At the centre of the case in the Industrial Relations Commission was an assault on a teachers' aide by a student. The prosecution argued in part that the school was not adequately staffed as a consequence of the strike.

In the judgment, Justice Michael Walton stated DET had failed to provide appropriate human resources, relevant information and instruction about the student's violent behaviour and adequate portable emergency alarm systems, such as mobile phones, a central alarm system and personal duress alarms.

While Justice Walton agreed with the DET that it would have been impracticable to require the DET to obtain additional staff at short notice in the event of a teachers' strike, it did not absolve the DET of its responsibility to take measures that were within its control and would have reduced the risk. One of a number of options available to the DET included closing the school in view of the limited staffing. The point was made that the employer's knowledge of exacerbating factors (such as the strike) increased its obligation.

Fine for failing to provide information

In a matter that has significant implications for schools and colleges across the state, the DET's failure to provide all relevant information and instruction to employees who may have been affected by the student's behaviour attracted a fine of $48,000. Evidence presented in the case revealed DET had failed to provide relevant information to employees concerning the behavioural problems of the student involved or details of strategies to manage or control him. In addition, it was established DET had not followed its own enrolment procedures and that had it done so, it is likely that a greater level of protection of health and safety of employees would have been achieved.

In determining the penalties for each breach, Justice Walton noted DET had been fined $555,000 for other breaches of the occupational health and safety legislation in the past two years.

This judgement makes clear the DET's obligation under the occupational health and safety legislation to have policies and procedures that protect health and safety in our schools and ensure that all teachers and other DET employees are provided with all relevant information about all foreseeable hazards in their schools and colleges. This includes all relevant information about students whose behaviour and/or disability have the potential to affect health and safety of others. Such information should be provided when it becomes known to the DET or any of its employees (including prior to the completion of an enrolment), and not just after an incident has occurred. Both corporations and individuals can face very heavy penalties for failure to comply with this obligation.

Bob Lipscombe is a Vice President.

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October 2003 contents