Occupational Safety & Health News
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Late in 2011 the Department of Education stated that they will be providing additional support for...
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A TEACHER in a Northern Territory school set upon by three teenage students in an unprovoked classroom...
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Thank you for all those that participated in the recent survey regarding the amount of time off given to...
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WA’s cyclone season has begun, and businesses throughout the North-West of the State have been reminded...
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Thank you for all those that participated in the recent survey regarding the amount of time off given to elected safety representatives to carry out their functions.
The response was overwhelming with a 65% return rate. Unfortunately, the results were disappointing and many of the respondents expressed their concern about a perceived lack of support and respect for the role in our schools.
Only 21% of respondents are receiving regular time off from normal duties; 33% receive time off on request and 46% receive no time at all. 61% of safety representatives did not consider that they were provided with sufficient time off to carry out their functions effectively.
The survey also revealed that the maximum number of safety representatives in the schools that responded was three. The maximum time off for OSH duties reported was two hours per week; some were being given one to two day blocks per term but mostly the time was given on an ad hoc basis.
This matter is currently an issue in the current General Agreement negotiations but to date the only response from the Education Department is to remove the majority of the OSH clauses from our next General Agreement including the current clause relating to time off for Occupational Safety and Health representatives.
The current clause relating to this matter (52.6) states:
52.6 Occupational Safety and Health (OSH) Representatives
(a) The role of the OSH Representative is described in the Occupational Safety and Health Act 1984. Schools will provide sufficient time to support the OSH Representative in undertaking the functions and responsibilities of the role.
(b) Arrangements to allow this to occur, inclusive of the appropriate time required per site, are to be negotiated between the OSH Representative and the Principal. Funding for relief and/or additional DOTT time to facilitate the OSH Representative’s additional functions, where appropriate, may be accessed from school resources.
There is also a statutory entitlement to time off under the Occupational Safety and Health Act.
If you are not receiving sufficient or any time to carry out your functions, now is the ideal time to try and rectify this for next year, while timetables are being developed.
You are encouraged to make a formal request to your Principal in writing for a time allocation for Term 4 and next year and ask for a written response.
If you are an SSTUWA member, seek support through a worksite Branch Motion.
Failure to provide sufficient time to allow the OSH representative to carry out their functions is an offence under the OSH Act. It is also a breach of the General Agreement and Department of Education and College policies.
Such a breach of the Act could result in prosecution or intervention by WorkSafe. Individual cases could also be pursued in the Industrial Relations Commission.
If your request for time off is denied, then you should follow the agreed OSH Resolution Process in the first instance, with the matter being referred to the Regional Executive Director in the case of schools as the next step.
The SSTUWA is considering strategies beyond the current General Agreement negotiations to pursue the right of the OSH representatives to be given time to carry out their important role in improving and maintaining safety in schools and colleges.
The Union may look for suitable cases to take to the Industrial Relations Commission.
It is ironic that the Department of Education spends hundreds of thousands of dollars every year on training OSH representatives but will not then support them to carry out their statutory functions.
Should you require further advice or support on this matter and are prepared to formally progress a breach of entitlement, please contact me by e-mail if on: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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