A safe work environment is not an aspiration. It’s the law!
Queensland Teachers' Journal, Vol 129 No 1, 16 February, page no. 8
Schools, like many other service providers in our community, are often viewed differently from other workplaces by community members, parents and caregivers, bureaucrats and in some cases by school-based personnel.
However, we simply cannot accept that being exposed to a harmful workplace is “part of the job” or that the needs of one individual outweighs the obligations of an employer to provide a safe workplace.
This is particularly challenging in the face of increased levels of violence, aggression and abusive behaviour that have manifested themselves in the past few years.
The QTU works to support members who have been exposed to unsafe work environments, and that includes both physical and psychosocial harm.
So, what is your employer’s obligation to provide a safe workplace?
The Work Health and Safety Act 2011 Part 2 – Division 2, Section 19 - Primary duty of care outlines the obligations placed upon the person conducting a business or undertaking (PCBU) to provide safe workplaces and systems of work for workers and others who enter the workplaces they control.
It is important to note that in the case of the Department of Education, the PCBU is not local managers (school principals and deputy principals etc) but the department.
School-based workers are too often incorrectly advised that the rights of an individual student somehow trump the collective rights of all other students (and workers), and in many cases the safety of those who work and learn with or near them.
Such advice is clearly in direct conflict with the PCBU’s obligations under the Work Health and Safety Act 2011.
It should not have to take QTU members seeking directives from their Union to cease unsafe work for their employer to act to reduce the risk of harm in their workplace.
If you are concerned about work health and safety at your workplace, contact your Regional Organiser, who can assist with advice and options around ensuring your workplace has a functioning work health and safety committee and in the election of health and safety representatives.
A safe workplace is not an aspiration. It is a non-negotiable and a legal obligation of your employer. Your Union will continue to educate members about their rights at work and hold the employer accountable, to ensure that you can go to work and not have to experience physical or psychosocial harm.