DET tries to devolve OH&S responsibilities on risk

By Joan Lemaire and Bob Lipscombe

The Department of Education and Training (DET) is continuing to use risk assessment processes to devolve its responsibilities under the Occupational Health and Safety (OH&S) Act to teachers and principals.

Members have raised concerns in relation to being asked to conduct risk assessments on:

• students with a history of violence prior to enrolment,

• students exhibiting violent or other

• dangerous behaviours

• school excursions

• sport visits

• learning activities.

As part of normal teaching practice, teachers assess and control risks within their skills, expertise and resources.

It appears, however, that a range of risk assessment proformas used by DET attempt to get teachers to undertake additional responsibilities which are required of DET as the employer.

Federation issued advice to Federation Representatives in a mailout in June 2003.

1. Teachers should report, in writing, all physical and psychological hazards in the workplace to the principal. If the principal is unable to address a hazard, the hazard should be reported to the Director of the School Education Area in writing.

2. Risk assessments and consequent risk management plans are, under the OH&S legislation, the responsibility of the employer, not individual employees. Principals are not employers.

3. Members generally should not complete risk assessments unless they possess the skills and expertise, and have been provided with necessary training, time and other resources relating to risk assessments referred to in the OH&S Act 2000 and OH&S Regulation 2001.

4. Under no circumstances should members "sign off" on risk assessments.

5. Where risk assessments are required, the principal should advise the Director of the School Education Area in writing (with a copy to the Director-General) and request that suitable arrangements, including the provision of experts where appropriate, be made.

6. Regardless of who undertakes the risk assessment and the development of a risk management plan, teachers are entitled to all relevant information and must be consulted at each stage.

Similar advice has been provided to schools and colleges in a range of OH&S materials from Federation.

This advice remains current.

If there are any attempts to force members to act contrary to this advice then Federation should be contacted immediately.

Joan Lemaire is an Industrial Officer and Bob Lipscombe is a Vice President.

For further information

May 2004 contents