Overview STANZ 6/10/15

• Colin North Treasurer NZASE• Message from President NZASE• Background to CoP update• CoP update• Questions for colleagues• CLEAPSS proposal• Questions/comments from colleagues

NZASE President Chris Duggan

BackgroundNZ’s health and safety story

• 75 people die on the job every year

• 600-900 die from work-related diseases

1 in 10 harmed• 200,000 ACC claims for

work-related harm• $3.5 billion in costs

(2-4 percent of GDP)

Sector Reference Group

Guidance review

Bulletin updates

Factsheets

New web space

Working together with

schools

Name these politicians

MoE’s Health and Safety System

What will be different when the legislation comes into force on 4 April 2016?

New terms:• Person Conducting a Business or

Undertaking (PCBU) replaces Employer• Worker - broader than Employee• Reasonably practicable replaces “all

practicable steps”

New duties:• PCBU has “primary duty of care”• Officer has duty of “due diligence”• Stronger worker engagement• New offences and higher penalties

Other:• Additional regulations (MBIE)• Greater guidance (WorkSafe NZ)

PCBU - Board of Trustees (as an entity)

Officer –individual members of the Board including the principal

Worker – any person who carries out work in any capacity for Boards of Trustees including principals, teachers, caretakers, contractors, volunteer workers

Other persons – any person within the school environment and/or workplace including students, parents, visitors, casual volunteers and members of the public

Roles in the school sector

Board of Trustees (the PCBU)

The Board of Trustees (as an entity) has the primary duty of care for the health and safety of workers and others at the workplace. They must ensure:

• The health and safety of their workers at work

• The health and safety of other workers who are influenced or directed by them

• The health and safety of others by ensuring they are not put at risk from work carried out at the workplace

Which school does this gentleman work at?

Primary duty of care

• Provide and maintain a work environment, plant and systems that are without risks to health and safety

• Ensure the safe use, handling and storage of plant, structures and substances

• Provide adequate facilities at work for the welfare of workers, including ensuring access to those facilities

• Provide information, training, instruction or supervision necessary to protect workers and others from risks to their health and safety

• Monitor the health and safety of workers and the conditions at the workplace for the purpose of preventing illness or injury

Boards of Trustees must also ensure, so far as is reasonably practicable, they:

• Know about worker health and safety matters and keep up-to-date

• Gain an understanding of the operations of the school and the hazards and risks generally associated with school operations

• Ensure the Board of Trustees has appropriate resources and processes to eliminate or minimise those risks

• Ensure the Board of Trustees has

appropriate processes for receiving information about incidents, hazards and risks, and for responding to that information

• Ensure there are processes for complying with any duty, and that these are implemented

• Verify that these resources and processes are in place and being used

Individual board members including principals must exercise due diligence. This means they must take positive steps to ensure the Board of Trustees (as an entity) meets its health and safety obligations and duties.

Due diligence includes taking reasonable steps to:

Duties of workers and other persons

• Take reasonable care for his or her own health and safety• Take reasonable care that his or her acts or omissions do

not adversely affect the health and safety of other persons• Comply, so far as reasonably able, with any reasonable

instruction that is given to them by the Board of Trustees to allow the Board of Trustees to comply with the new law

• Cooperate with any reasonable policy or procedure of the Board of Trustees relating to health or safety at the workplace that has been notified to workers (applies to workers only)

Workers and other people have a health and safety duty to:

Worker participation

• Engage with workers about health and safety matters that directly affect them and

• Have effective practices that allow workers to have an opportunity to participate in improving work health and safety on an ongoing basis

These practices may include:• Having health and safety as a regular agenda item at team

meetings • A feedback mechanism for staff to raise health and safety

concerns with the Board of Trustees • Health and safety representatives and/or health and safety

committees

Boards of Trustees have a duty to involve their workers in work health and safety and must:

Name the building and its location

This building was the first in the world to utilize laminated veneer lumber as a primary structure, this a multi-story building it’s major advantage being the timber earthquake resistance design. The building is sustainable, environmentally sensitive and local, with the design and resources all being sourced within 100 kilometres of the building.

CoP information gathering

Scicon in Dunedin 2014 collected feedback from groupThanks to Mike Stone and Jenny PollockThroughout 2014 NZASE continued lobby MoE to take action regarding a review of the CoPFeb 19th 2015 meeting in Wellington with MoE who agreed for the need of a review. This was to be aligned with the new H&S legislation which at the time was before the select committee29th April contract finalized and agreed with MoE and work is to be done in 4 phases

CoP original timeline

Milestone Report for Phase One: Preparation

8 May 2015

Milestone Report for Phase Two: Writing

7 July 2015

Milestone Report for Phase Three: Review and Amend

17 July 3015

Milestone Report for Phase Four: Socialisation

31 October 2015

Phase 1• Panel was formed of interested parties who had

previously been involved in the CoP or were active in supporting change Suzanne Boniface, Robyn Eden, Sabina Cleary, Colin North, Ian Torrie and Terry Price.

• Richard Rendle was contracted as the writer.• changes for content, layout and accessibility • discussions held with stakeholders about formats • results of the electronic survey, with

recommendations resulting from the survey. 127

Phases,2, 3 and 4WritingReviewSocialisation

Name the Prime Minister’s Science Advisor

1. Proposal CLEAPSS

• To purchase an established, high quality, on-line resource service to enable consistent and dependable risk assessments to be carried out in Science, Technology and Art classes to support Health and Safety in Schools.

2. Rationale for Proposal CLEAPSS• The refreshed Codes of Practice could be implemented in

Schools alongside a comprehensive support service for Students, Teachers, Principals and BoTs using CLEAPSS.

• To implement a workable, robust method of risk assessments so that Science, Technology and Art teachers, Principals and BoTs can be more confident about Student Safety.

• To implement a nationwide system which will enable Science, Technology and Art teachers, Principals and BoTs to collaborate more effectively on Risk Assessments and thus be more confident about Student safety.

• In UK schools the biggest point of leverage for using CLEAPSS is that it fulfils employers’ (BoTs) duties under the H&S at work act by providing model risk assessments. 

3. Schools currently members CLEAPSS

• ACG Senior College, Auckland Grammar School• Avondale College, Cashmere High School, • Hutt Valley High School, James Cook High School,• Kamo High School, Kristin School, • Macleans College, Onehunga High School, • St Cuthbert’s College, St John's College Hastings, • St Peter's College, Trident High School, • Waitakere College, Western Springs College• Westlake Boys High School.

Mediation

• CLEAPSS would not undertake to customise advice to the NZ context. Therefore it would be the responsibility of NZASE (or another body) to advise members in NZ on any differences between CLEAPSS advice (which is based on the UK/European law) and the requirements in NZ and remove references to UK /European law. The resources would therefore require a degree of local mediation..

What do the initials below stand for?

• CLEAPSS

1. Failure to comply with H&S duty (no risk of death or serious illness/injury)2. Failure to comply with H&S duty (exposes individual to risk of death or serious illness/injury)3. Reckless conduct - without reasonable excuse engages in conduct that exposes any individual to whom H&S duty is owed to a risk of death or serious injury/illness AND is reckless as to the risk

Offences and penaltiesRole PCBU Officer Worker Other People

Board of Trustees (as an entity)

Fine up to $300k or $1.5Mor $3M

Elected/appointed Trustees(individuals)

No fine – exempt from liability for breach of duty

Principal Fine up to $100k or $300K or$600k & up to 5 yrs

Fine up to $50K, $150K or $300k & up to 5 yrs

Teachers and other staff

Fine up to $50K, $150K or $300k & up to 5 yrs

Other people(students, public & parents)

Fine up to $50K, $150K or $300k & up to 5 yrs

Next steps

Now is a good time to review your health and safety policies

Prepare for the new legislation by familiarising yourself with key concepts

Exercise caution when approached by external auditors and trainers offering services relating to the new legislation

Note: until 4 April, when the new Act comes into force your school must continue to meet the requirements of the current Health and Safety in Employment Act 1992

Name this young man.What name was he officially, but mistakenly registered as.  

Further Guidance• The Ministry of Education health and safety web space:

http://www.education.govt.nz/ministry-of-education/specific-initiatives/health-and-safety/

• The Health and Safety regulator WorkSafe: http://www.business.govt.nz/worksafe

• Administrator of Health and Safety legislation MBIE: http://www.mbie.govt.nz/

• If you have specific questions please contact our project manager at richard.wards@education.govt.nz or your local Ministry of Education office

Lifting aspiration and raising educational achievement for every New Zealander

Answers to questions

• Hekia Parata Stephen Joyce (2)• St Cuthbert’s College (1)• NMIT Nelson (2)• Sir Peter Gluckman (1)• Consortium of Local Education

Authorities for the Provision of Science Services (7)

• Ernest Rutherford Earnest (2)

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