Can principals be made the employer for OH&S?

by Joan Lemaire

In the memorandum of June 30, 2004 one of the "new management arrangements" outlined by the Director-General was "the Department will consider principals to be the delegated employer for the management of OH&S [occupational health and safety] and workplace injuries."

In the same memorandum the Department of Education and Training (DET) states: "The Department will remain accountable as the employer for breaches within the legislation and will not attempt, nor is it legally able, to delegate its obligations under the legislation to any employee." This statement is correct. A principal is an employee, not an employer.

The duties of an employee are specified in section 20 of the OH&S Act:

"20. Duties of employees
"(1) An employee must, while at work, take reasonable care for the health and safety of people who are at the employee's place of work and who may be affected by the employee's acts or omissions at work.
"(2) An employee must, while at work, co-operate with his or her employer or other person so far as is necessary to enable compliance with any requirement under this Act or the regulations that is imposed in the interests of health, safety and welfare on the employer or any other person."

While principals should always address safety matters to the best of their ability in their schools, and notify the DET when other action is necessary, they nevertheless remain employees.

There has been no consultation with Federation as to how DET intends to implement the memorandum. Federation believes that the responsibility for ensuring the health, safety and welfare of teachers and students in public schools and TAFE colleges rests with DET and requires an appropriate level of resources.

Annual Conference resolved that this matter should be addressed collectively. It stated: "Federation meetings will be held in schools and colleges to identify OH&S priorities to demand that they be addressed. If resources and support are not provided to address these priorities then further meetings will be called to consider appropriate industrial, political and media strategies to achieve safe and healthy learning environments."

Advice about the conduct of these meetings and other relevant OH&S advice will be provided to Federation Representatives.

Joan Lemaire is an Industrial Officer.

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Last Modified: 15 Nov 2005