NZSTA Effective Governance Workshop: Health and Safety at Work Act
Key Learning from the workshop: Nothing new in a sense - except that accountability shared across organisation from Board to employees Accountability also shared between PCBUs (eg ADW, Courier firm, builders, EOTC providers etc) There are holes in the legislation as hasn't been tested properly yet - many grey areas When someone is doing work - becomes a workplace (including after hours) - plant and equipment needs to be up to spec so that a teacher working at school in the weekend does not fall through a floor, etc) Board of Trustees as a group acts as the PCBU (Person Conducting a Business of Undertaking) Individual trustees appointed or e lected under the Education Act are not accountable because they are volunteers Principal can be found individually liable for harm caused Individual employees can be liable for harm caused by failure of duty of care. If a teacher fails to deal with (by fixing /isolating/ reporting) a hazard, and a harm is caused - that teacher can be