Your employer’s duty of care under the OHS Act

As violence and aggressive behaviour in Victorian schools increases, it’s crucial for IEU members to understand their rights and their employer’s obligations under the Occupational Health and Safety (OHS) Act 2004.

In August, The Australian reported that a study in the Journal of School Violence had found that a quarter of teachers feel unsafe at work ‘because of physically violent students and volatile parents, with most of them considering leaving the profession…’

Your employer has a legal duty of care to ensure that your working environment is safe and free from risks to your health, which includes managing psychosocial risks such as workplace violence. Here’s what you need to know.

What is the Duty of Care?

Under the OHS Act, your employer is required to take all reasonably practicable steps to provide and maintain a working environment that is safe and without risks to health. This duty of care extends beyond physical safety and includes protecting employees from psychological and emotional harm, such as stress, anxiety, and other impacts caused by workplace violence or aggression.

Key Obligations of Employers

1. Provide a Safe Working Environment: Your employer must take proactive steps to eliminate or minimise risks to your health and safety. This includes addressing both physical and psychological risks. For example, measures must be taken to prevent violent incidents, such as by enhancing supervision in high-risk areas.

2. Identify Hazards: It is your employer’s responsibility to identify potential hazards in the workplace. This process should involve consultation with employees, observations in classrooms and common areas, and reviewing past incident reports to spot trends or recurring issues. Recognising hazards early is crucial for preventing incidents.

3. Assess and Manage Risks: Once hazards are identified, your employer must assess the likelihood and potential impact of these risks. The next step is to implement appropriate control measures to eliminate or reduce the risks. This could include developing behaviour management plans for students who are known to exhibit aggressive behaviour or redesigning the physical layout of classrooms to improve safety.

4. Implement Control Measures: Your employer must implement effective control measures to manage identified risks. This could involve policy changes, increasing the presence of supervisory staff, providing safe retreat areas, and ensuring that staff are trained in de-escalation techniques.

5. Provide Training and Support: Training is an essential part of managing workplace risks. Your employer is obligated to ensure that all staff receive training on how to manage and de-escalate violent situations. Additionally, support services, such as counselling, should be available to help staff who are affected by workplace violence.

6. Establish Reporting and Response Procedures: Clear and accessible channels for reporting incidents of violence must be in place. Your employer should also ensure that these reports are taken seriously, investigated thoroughly, and followed up with appropriate action to prevent future incidents.

7. Consult with Health and Safety Representatives (HSRs) and Committees: Employers are required to consult with HSRs and Health and Safety Committees when developing and implementing safety measures. This ensures that staff concerns are heard and addressed, and that the safety strategies are effective and practical.

8. Review and Revise Control Measures: The effectiveness of control measures should be regularly reviewed and updated as necessary. Continuous monitoring, coupled with feedback from staff and HSRs, helps to ensure that safety strategies remain effective and relevant.

What You Can Do

Elect an HSR: Having a Health and Safety Representative in your school is crucial for ensuring that safety issues are addressed. If your school doesn’t have an HSR, initiate the process to elect one.

Engage in risk identification: Participate in identifying hazards by providing feedback and reporting any concerns you have about potential risks in your workplace.

Use reporting channels: Familiarise yourself with your school’s reporting procedures for incidents of violence and use them when necessary. Prompt reporting can prevent issues from escalating.

Seek support: If you’re affected by workplace violence, take advantage of available support services, such as counselling or peer support networks, or reach out to the IEU.

Remember, your safety is a legal right, and your employer is required to uphold it.