Health and Safety Enhancing your Health and Safety Culture. You all come from different backgrounds around this Show of hands – 1 – pretty green, 5, some knowledge but a few questions. 10 knowledgeable, courses, BOT up to speed and well on way to a strong H+S Culture. Let start with your questions - whiteboard

Over view The new approach Assessing risk Roles and Responsibilities Overview Worker Participation Leadership – The right culture – Practical suggestions Questions

Purpose of the legislation To build an integrated H+S Culture with all people in an organisation working together But Why? NEW ZEALAND HAS A PROBLEM Every week, on average… › 1 person dies at work › 15 people die from work-related diseases Yes but those stats don’t relate to the Education Sector… 2 x as bad as Australia, 3 x as bad as UK. Yes but why should education be drawn into this! Those stas don’t relate to the education sector - right? It’s not really Educations problem Is this true? Does anyone know of high profile incidents of serious harm in Education

True not high risk sector - but still have serious harm incidents. West Auckland high school students hit by car after sun strike blinds driver Thousands of children hurt on school playgrounds School board apologises over 'life threatening' throat-cutting injuries Loose logs 'led to death‘ Boy strangled himself escaping from school toilet window .

HSWA IS A NEW WAY OF THINKING It is more than compliance HSWA IS A NEW WAY OF THINKING It is more than compliance. It is about Culture. › Ensures everyone has a role to play › Makes everyone’s responsibilities clear › Focuses on managing risk › Requires those who create the risk to control the risk › Requires you to engage with your workers and enable them to participate on an ongoing basis Responsibility Clear - what are y responsibilities – not what are not my responsibilities so what do I can I get away with . Now it is H + S is everyone’s responsibility – if involved in work then you have responsibilities – so you need to understand what your responsibilities are. Under this law. Managing Risk - the organisation is the one creating the risk so must be the one to control it. But that risk ins nothing new! Risk is a fact of life – but this a bout what kind of things cause us harm, and what we can do to eliminate it or if this can’t happen how can we reduce it to an acceptable level – that is what the process of managing risk is all about. Involve workers – They are at the sharp end of H+S and they need to be engaged in process, to contribute and provide an understanding of operations form their perspective. Will outline all of this in more detail How to use this to create a meaningful H+S Culture? It is more than compliance.

SO WHERE DO YOU START? Know your health and safety Risks … … manage them proportionately Some of thoses risks there exist in your schools – some don’t – Risk assessment may seem scary, but is not life is full of risks…. Ask your self the basic question – what is the likelihood of this happening, the old example of – a plane over head falling from sky and crashing into this building is a risk …but the probability is very low. You don’t need to focus on it.

Assessing risk This tool is useful to understand not just the likelihood but also the consequence of the harm. If it is into the red or orange category you will seek to control it, and report on it to your board. Eg’s . I want you to think of a risk that exists at your school, share the person sitting next to you and together decide where on the matrix it sits. Also think about these what are the controls you would put in place to eliminate or minimise.

What are the risks? What are the controls?

This is your Caretaker. What are the risks? What are the controls? We believe the person at the greatest physical risk is your caretaker ( talk more abt this later) and you and your staff and students wellbeing

Go back to Risk Matrix and do example

What about Wellbeing in risk assessment? This is largely focusing on wellbeing of your staff, your wellbeing and your students wellbeing – ensuring that mental health id monitored including processes in place to deal with bullying. Does your school offer EAP services? NZSTA Programme 2015

Five Key Concepts of the HSWAct

You are a Worker: WORKERS’ AND OTHERS’ RESPONSIBILITIES › Workers and Others in a workplace must: Take reasonable care for their own health and safety and that of others, including that their omissions do not adversely affect others Follow any reasonable health and safety instructions given to them by the business › and Workers must: Co-operate with any reasonable business policy or procedure relating to health and safety in the workplace Take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons

You as Senior Managers support the Officers OFFICERS MUST ENSURE THE BUSINESS IS MEETING ITS H&S RESPONSIBILITIES › Officers must do due diligence to make sure the business understands and manages its key risks › They must: keep up-to-date knowledge of health and safety understand the operations of their business ensure and check that their business has appropriate resources and processes for health and safety H+S starts with Leadership – like many things ---and the law says that the leaders that is the BOT and Principal must exercise due diligence. In past those in charge could distance themselves from operations. If I hear no evil, if I see no evil I can’t be held to account for any failures in the organisation. This says no you can’t do that you have to be proactive – that’s what this duty of due diligence is about. Your BOT need to understand the risk profile of your school and the key controls in place that mitigate the risks.

What do you do to ensure due diligence ? Due diligence – means the BOT and the Principal understand risk in their school In pairs think of 3 things that your board would want from you to ensure that it is actively engaging in H+S Matters.

Due Diligence Provide a process for receiving information about incidents, near misses, hazards and risks. How do you know what is happening? Ensure all serious harm incidents and high risk potential incidents are investigated, corrective actions generated, monitored and fedback to the BOT. Report on key worker health and safety matters and keep up-to-date. Report trends. Electronic records. Know the school hazards and risks generally associated with school operations Inform the BOT of appropriate resources and processes required to eliminate or minimise those risks Verify that these resources and processes are in place and being used. How do you monitor the safety measures you have in place? Report back and check against this list. Use spreadsheet to record incidents – no way of pick up trends. Eg one school at I noticed a high frequency of back injuries in files dating back over the last 4 years (5 in 4 years). All recorded in register but reported by different people etc, - no one picking up on trends. Execel allows for trends to be detected. And is effective reporting mechanism for your board.

Culture: WORKER ENGAGEMENT & PARTICIPATION Businesses must: › Ensure your workers’ views on health and safety matters are asked for and taken into account (engagement) › Have clear, effective and on-going ways for your workers to suggest improvements or raise concerns on a day-to-day basis (participation) The key is engagement – workers are at the sharp end of Health and Safety Research shows there is frequently a mismatch between how Workers perceive the organisation dealing with H+S and how Managers and Board members see it. When asked the question – How often do you assign jobs to workers which require risk for which they have not been trained? Managers – not very often Same question – Workers - - yeah that happens quite a lot. Participation and Engagement is looking to bridge that gap. Give your staff a voice in what the risks are that they are facing, seek their views.

WORKER REPRESENTATION › Any business can have a Health & Safety Representative (HSR) or Committee (HSC) › HSRs benefit business and workers by providing: A clear, well known way for workers to raise issues and ideas A voice for workers who might not otherwise speak up about health and safety matters A link between workers and management Must have HSR or HSC if requested and if have > 19 employees or more , otherwise it is voluntary. Ratio of reps is 1:19 staff ( not FTE) Your H+S reps can undertake training on unit standard 29315 – will be best informed of role Keep responding to suggestions

Creating the right Culture - Keeping it practical How to incorporate Safety and Health monitoring into your day to day operations Consult your caretaker Caretaker in H+S Committee BOT members review RAMS Consult with your staff on new equipment, activities – seek suggestions for improvements and ensure you feedback the outcome's consistently Review risks and record into electronic risk register Ensure all staff inducted into risks Start meetings with a safety story Incentivise reporting of risks or near misses Incentivise looking out for your mates – report safe or unsafe observations Have students on the H+S committee Electronically record incidents Investigate medium or high risk incidents, including near misses. Put corrective actions in place. Conduct wellbeing surveys Develop healthy habits of the week Display your Health and Safety Policy Walk your board around the school – show them the risks Hold people to account if they breach your H+S rules Have an NZSTA H+S Audit Make this a hand out Make into cards have groups discuss the benefits of these ideas. All feedback and make action plans.

3 keys to Successful H+S Management and Culture Leadership Due diligence of the Board and Principal Make sure culture is safety focused. Board understand how the school is tracking in Health and Safety. Workers Work with your staff, especially those most at risk. Always seek their views. Risk Management Know your risks , control them and monitor your controls.

VOLUNTEERS There are 2 Categories of Volunteers Volunteer workers - Workers: People who regularly work for a school on an ongoing basis and are integral to the school’s operations. Examples include: mentors/coaches of at risk children, parent classroom helpers, pedestrian crossing helpers Casual volunteers - Others: Volunteers doing the following activities are classed as casual volunteers: participating in a fundraising activity for a school assisting with sports or recreation for a school (e.g. sports day, school fair) assisting with activities for a school outside the premises or grounds of the school (e.g. EOTC)

Offences and Penalties Role PCBU Officer Worker Other People Board of Trustees (as an entity) Fine up to $500k or $1.5M or $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 $50K, $150K or $300k & up to 5 yrs Teachers and other staff Other people (students, public & parents) St Kentigerns – Enforceable Undertaking $70,000 Liability: If individual trustees of a school board, appointed or elected (excluding principals) under the Education Act 1989, do not exercise their duty of due diligence they will not be liable under the Act for the three major health and safety duty offences and the associated penalties (Clause 52). However principals can face penalties under the Act for not exercising due diligence. Volunteer workers and casual volunteers are also not liable for the above health and safety duty offences (Clause 51). These are shown in the slide and noted below. Clause 49: Offence for failing to comply with duty (fine up to $100,000) Clause 48: Offence for failing to comply with duty that exposes individual to risk of death or serious injury or serious illness (fine up to $300,000) Clause 47: Offence of reckless conduct in respect to duty (fine up to $600,000 and/or up to 5 years imprisonment) The Board of Trustees as an entity will be liable if they do not carry out their duties under the Act, so it is very important that as individuals they exercise due diligence to ensure the Board as an entity is able to comply with its duties. 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