Valuing our workplaces — OH&S

Teachers and students in NSW public schools and TAFE colleges have a right to work and learn in physically and psychologically safe and healthy workplaces. This is not a privilege but a right guaranteed by law.

Conference notes that in 2001 and 2002 significant changes to occupational health and safety (OH&S) legislation came into force in NSW. These included strengthened provisions relating to:

a) consultation with employees on every matter that has the potential to adversely impact on their physical and/or psychological health and safety, and
b) identification of all hazards in the workplace and the assessment of all foreseeable risks arising from those hazards.

Unfortunately these changes in legislation have not been met with a genuine commitment by either the State Government or the DET. Many OH&S issues remain either ignored or inadequately addressed. Violence against teachers and students is increasing. On a daily basis, students with special needs are integrated without any proper risk assessment and resourcing. Teachers' work is intensifying without any regard to OH&S. Stress and other psychological injuries to teachers, as evidenced by workers compensation statistics, are growing rapidly. Physical conditions have deteriorated as State Government expenditure on school and TAFE college maintenance remains manifestly inadequate, with TAFE being particularly hit by a further cut of 14.7 per cent in 2003-04. Schools, TAFE colleges and other DET workplaces across the state have not been provided with the support, training, funding and other resources needed to ensure compliance with mandatory obligations under the Act.

Despite the Federation commencing discussions on a comprehensive OH&S policy with the DET in July 2002, to date the DET has failed to ensure that:

• a comprehensive DET OH&S policy exists
• effective OH&S consultation arrangements exist in all workplaces, and at district and state levels
• policy and procedures are in place in every workplace to identify, assess and eliminate or control all foreseeable hazards and risks
• teachers and other employees are appropriately trained to address safety issues
• sufficient resources, including OH&S release time for teachers, access specialist OH&S staff and funding, are provided
• additional funds are provided to address the significant backlog in maintenance and capital works.

  As a consequence, the DET is in breach of the OH&S legislation.

At a central level, the DET's approach to OH&S is, at best, described as ad hoc and is characterised by an attempt to ignore its legal obligations, address only urgent matters that may reach the media or may result in immediate prosecution, and shift any work involved onto employees in schools and colleges.

Evidence to support this view is to be found in the fact that since July 2002 over 330 WorkCover breach notices have been issued in NSW public schools.

While discussions on OH&S have also been held with sections of the DET since July 2002, these have only served to demonstrate the DET's overall lack of commitment. While some, most notably in the industrial arts area, have been productive, others, especially those with TAFE, have proved to be a waste of time. Such discussions have also served to demonstrate that different sections of the DET are looking at OH&S spasmodically and in complete ignorance of what other sections are doing.

The current situation, with its debilitating affect on teachers, will not be allowed to continue. The Federation will, in the interests of both teachers and students, take action to secure the DET's compliance with the OH&S legislation.

Action

1. Conduct OH&S campaigns on specific issues, with priority given to campaigns on violent students, teacher workload and inadequate physical facilities.

2. Reissue the Anti Violence Kit and encourage all Federation Representatives to send violent incident reports to their Organiser. Further, that each school/college ensure that casual/temporary teachers are informed of the reporting process/and supported by members when they report on incidents of violence.

When the Casual and Temporary Teachers Handbook is developed, a section of it must inform these teachers of the employer's obligation under the Occupational Health and Safety Act.

3. Produce an up-dated OH&S Kit for teacher members for distribution in term 4, 2003.

4. Prepare and distribute support materials to enable members to respond to OH&S issues in their workplaces. This will include draft letters to appropriate Directors and the Director-General, advice on risk assessments and the employer's responsibilities.

5. Continue to conduct seminars on OH&S in city and country locations.

6. Continue to include OH&S components in Basic Trade Union Training courses.

7. Continue to conduct specific campaign courses for targeted groups of members.

8. Provide training for Officers, especially Organisers, on how to assist members on OH&S matters and how to use the OH&S legislation effectively.

9. Pursue the establishment of a state-level committee, with Senior Officer representation from both the DET and the Federation, to identify and plan a systemic approach to existing and emerging OH&S issues.

10. Insist on the central reporting and recording of all incidents of violence against teachers, teachers aides and school support staff and other serious OH&S incidents and issues. Further, that Federation campaign strongly to have DET change its definition of a serious incident to an incident which disrupts the effective functioning of a classroom or lesson.

11. Monitor OH&S issues as they arise systemically and/or in the workplace and initiate prosecutions, where appropriate, before the Industrial Relations Commission or the Chief Industrial Magistrate.

12. Issue advice and, where appropriate, directives to members designed to ensure that the DET's OH&S responsibilities are not used to impose additional workload on teachers.

13. List OH&S as an item at all regular meetings with the Minister.

14. Pursue the provision of release time, training, funding, systems support and other necessary resources for OH&S in schools and colleges. This includes the provision of OH&S induction training for all new employees, including temporary and casual employees.

15. Support members who refuse to perform additional duties related to the DET's OH&S obligations without the provision of appropriate time and other resources.

16. Following the completion of the 'Schoolsafe' review of DET OH&S policies and practices, seek action by WorkCover to ensure the DET addresses identified systemic deficiencies.

17. Authorise collective action, including industrial action, by members in schools and colleges when considered appropriate following consultation with the Federation Organiser, in order to force the DET to meet its obligations to provide a safe and healthy workplace.

18. Insist that the DET follow their own suspension and expulsion guidelines for students with special needs who are violent towards other students and staff.

19. Demand an independent Inquiry into the financial relationship between the DET, Department of Commerce and contractors organised to carry out school maintenance. This Inquiry would also look at the costs and benefits of the privatisation of school maintenance and whether this responsibility should be returned to Public Works.

In the event that the Federation is unsuccessful in securing this Inquiry, Federation will negotiate with the Greens to pursue the matter in the Upper House.

20. Pursue the up-skilling of senior school executive in positive personnel management processes and staff welfare strategies.

21. The Federation will campaign to have DET include threats and verbal abuse of staff as a valid reason to suspend in the guidelines for suspension of students.

The Federation will strongly advise members to:

22. Demand that all relevant information about OH&S hazards, as required by law, be provided to all employees whose health and safety may be affected.

23. Report all hazards, as required by law, to the employer's representative in the workplace. This should include psychological hazards (including those arising from student violence and teacher workload) as well as physical hazards.

24. Demand appropriate release time, training, funding, systems support and other necessary resources be provided in their workplaces to enable OH&S matters to be effectively addressed.

25. Seek advice and support from the Federation when the DET fails to deal appropriately with OH&S concerns.

26. In consultation with their Federation Organiser, seek media coverage of OH&S concerns arising from inadequate maintenance and lack of DET action. Where appropriate, this should be pursued in conjunction with school and college community groups.

27. In consultation with their Federation Organiser, take appropriate action in relation to OH&S concerns arising from unhygienic conditions resulting from inadequate time and resources provided to cleaning staff.

Until further notice, the Federation directs:

28. members who are OH&S committee members and/or elected OH&S representatives in the workplace not to meet without appropriate release and relief time. In the meantime, however, all members should continue to raise OH&S matters with principals, college managers, district superintendents and other employer representatives and call for consultation, risk assessments and risk management procedures required by law.

©2000-2002 NSWTF Online is a resource for teachers
provided by the NSW Teachers Federation.
[Authorisation of election comment] [Privacy]

http://www.nswtf.org.au/journal_extras/vwplace.html
Last Modified: 15 Nov 2005