7 minute read
Safe work environment
• provide adequate facilities for the welfare of workers while they are at work • provide information and training to staff and supervision of staff to ensure that work is carried out safely • monitor workers’ health and working conditions.
Duty of care is common law that judges make when they decide cases. They use precedents from previous cases about the same matter. If there is not a precedent, they may set a precedent for future cases. Common law has little place in modern WHS law as the Occupational Health and Safety Act 1985 replaced the common law duty of care with general duties on employers and other parties. However, common law is still a feature of the Accident Compensation Act 1985.
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PCBUs have a moral and ethical duty of care to ensure that workers are safe in their workplace. Common law duty of care obligations are now embedded in WHS legislation.
The main risks in education and care services
Lifting
Lifting actions include: • lifting children in and out of cots • lifting children in and out of high chairs • lifting children on or off nappy changing tables.
Working at low levels
• working at low levels may result in awkward postures, for example bending down to a child who needs assistance to climb onto a tricycle • removing sandpit covers from sandpits • tripping or falling when sitting on child-sized furniture.
Moving equipment
This may involve: • educators moving large and heavy equipment such as
A-frames, slides, balancing planks, jouncing boards, large plastic barrels, gardening equipment, tables and chairs and heavy tyre swings. Safe use, handling and storage of equipment, buildings, playgrounds and dangerous chemicals or substances
The following should be considered: • Disinfectants, bleaches and other cleaning agents should be safely stored. Some services buy their cleaning agents in bulk and then transfer them into smaller containers that are not labelled correctly. This practice can lead to accidental poisoning through ingestion, inhalation or skin contact and burns. This can affect both children and staff.
• Pesticides and volatile chemicals, such as solvents, are easily inhaled. Management must ensure that the playground is maintained and that these chemicals are stored safely. Safety Data Sheets (SDSs), previously called
Material Data Safety Sheets (MSDSs), are documents that provide information on the properties of hazardous chemicals and how they affect a worker’s health and safety in the workplace. They also provide information on the safe handling and storage of chemicals and first aid instructions. Education and care services should have copies of SDSs on a chemical register list. • Maintenance of buildings includes: • regular building maintenance • ensuring that fire exits are not blocked • regular maintenance on fire extinguishers • trimming of plants so there are no protruding branches or prickles that will harm educators, children and family members at the service • ensuring that any existing asbestos in the building is not disturbed.
Using office areas
The following should be considered:
• If an office area is not set up for correct posture, it can lead to musculoskeletal injuries. An adjustable chair should be purchased so that it can be reset to a comfortable position for all staff members. • Workstations should be big enough to accommodate the computer monitor, keyboard and mouse. • Do not keep office papers and equipment on the floor as they may be a tripping hazard.
Maintaining indoor and outdoor areas
Indoor and outdoor areas should be maintained to:
• prevent falls from a height while standing on tables, chairs and ladders to hang documentation or children’s creative pieces of art • minimise tripping hazards in the playground • avoid flooding issues, which may result in contaminated water
• ensure an uncovered sandpit is not contaminated by neighbourhood pets or rodents (e.g. cats, rats or possums).and causes staff to get sick • check for the presence of asbestos or any renovations disturb asbestos. Has your service had an asbestos audit or check?
Other risks in education and care services could be:
• lack of training • noise
• excursions
• cleaning • infection control
• intruders • car parking safety • bullying • evacuation procedures • exposure to asbestos • hazardous waste exposure • contractors
• staff functions
• violent and aggressive children or families.
One group of educators in the sector reported that they had experienced the following in the workplace: • slipped on a banana peel • tripped over a child • jumped off a piece of climbing equipment and broke their ankle
• was hit by a child • burnt in the kitchen
• a child bit an educator on the bottom
• fallen off a ladder
• not getting rostered breaks • staying back at work at least one hour extra every week
• bullying.
PRACTICALLY SPEAKING
One educator was in a rush during her shift and when she went to a cupboard to fetch some materials she opened the door and smashed it against her nose. Her nose began to swell and bleed and she had to be taken to a doctor immediately for treatment. Think about the earlier discussion on safe place versus safe person. Could this accident have been prevented?
The approved providers of education and care services or in WHS terminology, the PCBUs must provide adequate facilities for the welfare of workers while they are at work. This might include: • clean toilets
• sufficient toilet paper • cool and clean drinking water • hygienic eating areas • first aid kits
• telephones.
Mould or rising damp could pose health risks for staff in a lunch room or a staff room, an office or a storeroom or a floor that needs replacing as it might collapse at any time.
Provide information, training and supervision to staff to ensure that work is carried out safely
All PCBUs must provide appropriate induction and training for workers. If workers do not receive appropriate training they will find it difficult to meet the expected work standards and if they have a workplace accident the employer might be deemed negligent. Thus, there is a legal obligation that PCBUs provide suitable training.
Information or training about health and safety should be provided to educators and staff members: • during induction processes • during staff meetings • on a one-to-one basis
• after an incident has occurred
• when necessary.
The areas of safety that affect workers include: • safe lifting of equipment
• safe lifting of children – they should be shown how to lift children or furniture and equipment in a safe manner • accident and emergency procedures – they should be aware that under the Education and Care Services
National Regulations 2011, they should practise fire drills every three months. Are there any risks or hazards to children or educators when they undertake these regular fire drills?
• first aid – what systems are in place to ensure that all staff are up to date?
• incident reporting – managers, leaders and educators should be aware that in addition to obligations under the National Education and Care Services Regulations to report incidents, they also have obligations under the WHS Act to report to the regulatory authority in their state
• safe storage of chemicals
• bullying or discrimination issues – training should relate to the psychological health and safety of workers in the workplace. For example, do workers know how to treat other staff and how to report any inappropriate behaviours?
• managing stress – does the service have any proactive ways to manage or reduce stress?
• health and wellbeing activities for staff in the workplace, or workplace checks? Some education and care services are proactive in their approach and provide funds for staff members to join local gyms or they present awards, for example WHS ‘Champion of the Month’.
Monitor workers’ health and working conditions
Working conditions should be monitored on a regular basis. This can be undertaken by management, but educators can also undertake hazard identification for both indoor and outdoor areas daily, and report any issues to management. If you are not qualified (i.e. you do not have any WHS qualifications) and you feel overwhelmed with the responsibilities that are listed above, then you could outsource the task to professionals to undertake these duties. Just as you might outsource your bookkeeping and accounting or human resource requirements to a qualified professional, you should consider outsourcing and working with WHS professionals who know what they are doing and can give you advice.
