Getting up to scratch on OH&S with Federation Vice President Bob Lipscombe (3rd from left)… Glen Innes HS Fed Rep Tony Burley, teacher Julie Robinson, Glen Innes TA President Libby Barratt, Treasurer John Gannon and Secretary Veronica McNamara.

OH&S visit highlights employer responsibility

By Owen Hasler

Requirements of the Occupational Health and Safety (OH&S) Act and regulations were brought to the attention of teachers in the New England region when Federation Vice President Bob Lipscombe visited September 14 to 17.

Mr Lipscombe spoke about an employer's responsibility to identify foreseeable hazards, access the risk, eliminate or control the hazards and review the risk assessment.

He spoke about an Assistant Director General memo from Dr Alan Laughlin memo (DN/03/00589) entitled "Prevention of Violence in Schools and TAFE NSW Colleges -- Provision of information to staff on students with a history of violence", dated January 28, 2004.

The memo requires that:
"Where a student enrolling in a school, TAFE college or DET facility has a history of violence, the principal, college director or senior officer should provide staff who may be affected with all relevant information available to DET to enable the school to assess the application for enrolment and to prepare for the arrival of the student. This would include assistance with the preparation of a plan to manage the risk of recurrences of such behaviour."

This means that all schools should be particularly careful in the enrolment process ensuring that all available information is gathered from previous government schools (and where possible from other locations) before an enrolment proceeds. Schools would not be considered to be refusing enrolment but merely deferring completion until the appropriate information is made available.

Teachers are alerted to the previous practise where some schools, often prompted by regional office staff, merely attempted to "transfer the problem", by enrolling a violent and disruptive student in another school.

The memo clearly states:
The issue of privacy cannot prevent the revealing of information as the OH&S legislation over rides that of the privacy legislation. Teachers should deal with this information (that which relates to OH&S concerns) sensitively but it cannot be refused on the basis of privacy.

Dr Laughlin states:
"Principals, college directors and other DET officers briefing staff on newly enrolling students with a history of violence should understand and respect the students' rights to privacy. Personal information on a student should be shared only to the extent that it is necessary to protect the health and safety of people at the school."

Mr Lipscombe said the memo, a direct result of the OH&S Act and Regulations, "provides an excellent tool for protection of students and teachers in our schools".

Mr Lipscombe visited Gunnedah South Public School, Gunnedah High School, Barraba Central School, Bingara Central School, Emmaville Central School and Glen Innes Public School as well as being special guest speaker at Gunnedah, Manilla, Armidale and Glen Innes Teachers Association meetings during his three day visit to the New England.

Owen Hasler is a Country Organiser.

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October 2004 contents