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 elected 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 held liable.
  • This includes all workers - but not volunteers. If a courier driver causes harm by driving across the playground, when they have been told not to, they can be held liable. If their boss has failed to inform them if the rule not to cross the playground - as the PCBU of that workplace - they are liable. If the Principal fails to inform the courier company or driver - the principal is liable, etc
  • Other PCBUs (ADW, etc) do not have the same protection as Boards of Trustees under the Act, as they are not volunteers - so they will be wanting to ensure their processes are safe
  • There are financial liabilities up to a specific amount for different scenarios
  • Our workers are - anyone on payroll, student teachers, regular volunteers, contractors, subcontractors, apprentices, temps
  • Volunteers who turn up regularly to provide a service on request of the school (uniform sales, sausage sizzlers, reading tutors, etc) could be classed as workers in a workplace - However volunteers who are helping in a one-off situation like a school trip are classed as casual, not workers.
  • Grey Areas - eg FOST contracts a bouncy castle company for the fair. Bouncy castle liable, or shared liability with FOST because the situation has been made into a workspace, with FOST as the PCBU?
  • No one can see a risk / hazard without doing something about it - Stop and Think whether safe

What we need to do:
  • Further Investigate options for caretaker to be trained in Health and Safety
  • Promote a culture of safety in the workplace with staff - use NZSTA resources to do this
  • Set up a BOT working group to review Health and Safety Policies and Procedures - Adopt as Strategic Aim? 
  • Investigate role of ADW as a PCBU
  • add Health and Safety to staff meeting agenda template
  • arrange for training for Health and Safety Representative
  • Include accountability to contribute to a safe working environment for all staff into appraisal

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