1. The Health and Safety at Work Act and Early Childhood Education A presentation for Early Childhood Education (ECE) services, kōhanga reo and playgroups 1

2. Introduction How the Ministry is supporting you http://www.education.govt.nz/ministry-of- education/specific-initiatives/health-and-safety/ http://www.education.govt.nz/ministry-of- education/specific-initiatives/health-and-safety/ ECE Guide Factsheets Questions and answers healthandsafety.info@education.govt.nz Sector updates Early Learning Bulletin Ministry staff have received training Health and safety system model 2

3. Introduction The Health and Safety at Work Act (HSWA) and its regulations encourage us to focus effort on what matters, based on risk, control and size: proportionality managing critical risks “reasonably practicable” focus on the conduct of work effective worker engagement and participation 3

4. Introduction Differences from Health and Safety in Employment Act 1992 New terms: Person Conducting a Business or Undertaking (PCBU) replaces Employer Worker - broader than Employee New duties: PCBU has “primary duty of care” Officer has duty of “due diligence” Other features: Stronger worker engagement requirements Redefining the workplace from a physical site to wherever the work is carried out New offences and higher penalties 4

5. Leadership Duty holders PCBU – a person conducting a business or undertaking whether they do so alone or with others, and whether or not the business or undertaking is conducted for profit or gain Officer – includes individual board members, directors, trustees, partners, and any other person occupying a position that allows them to exercise significant influence over the management of the PCBU (e.g. a chief executive) 5

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7. PCBU and the primary duty of care The PCBU must, among other things: provide a safe and healthy environment for workers, including access to facilities provide the right information and training to workers provide and allow for worker participation in health and safety matters notify all notifiable illness, injury or events to WorkSafe New Zealand monitor workers’ health and workplace conditions to prevent illness or injury 7

8. Leadership Multiple PCBUs with overlapping duties Different PCBUs responsible for workers working in the same premises e.g. repair trades people, landlords, or through contracting PCBUs need to consult, co-operate and co-ordinate activities to meet shared responsibilities The extent of PCBU’s duty depends on its level of influence and control over the health and safety matter 8

9. Leadership 9

10. Officers have the duty of due diligence Officers must ensure the PCBU meets its health and safety obligations and duties. This includes taking reasonable steps to: know about current work health and safety matters understand the hazards and risks associated with the workplace operations make sure there are resources and processes for managing risks ensure there are processes for receiving information on and responding to incidents, hazards and risks ensure workplace health and safety processes and resources are being used. 10

11. Workers and Others Other duty holders Workers – any person who carries out work in any capacity for a PCBU. Other persons – any other person at the workplace Workers and other persons have a duty to: take reasonable care for their own health and safety take reasonable care that they do not adversely affect the health and safety of other people Comply with any reasonable instruction that is given to them by the PCBU to allow the PCBU to comply with the proposed law cooperate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace (this applies to workers only) 11

12. Workers in the ECE sector (may include but not limited to): Centre manager, head teacher, teachers, teacher aides, relievers, education support workers, administrators and support personnel Home-based co-ordinators and educators Kōhanga reo – kaiako, kaimahi, whānau Playcentre – rostered parent helpers that form part of the teaching team (volunteer workers), supervisors and co-ordinators Playgroup – paid supervisor/co-ordinator, parents on duty People on work experience, trainees and volunteer workers Contractors, sub-contractors and their employees Workers and Others 12

13. Volunteers The HSWA differentiates between: Volunteer workers:Volunteers: Volunteer workers are: people who regularly work for a PCBU on an ongoing basis and are integral to the organisation’s operations Example includes: Parents on a playcentre duty team People doing the following activities are volunteers: participating in a fundraising activity for a PCBU assisting with sports or recreation for a PCBU assisting with activities for a PCBU outside their premises or grounds, e.g. excursions Duty of the PCBU: to ensure the health and safety of volunteer workers as required for workers Duty of the PCBU: to ensure the health and safety of volunteers as for other persons Workers and Others 13

14. Worker engagement and participation The PCBU has a duty to involve their workers (excluding volunteer workers) in work health and safety and must : engage with workers about health and safety matters that directly affect them have effective practices that allow workers to have an opportunity to participate in improving work health and safety on an ongoing basis Worker engagement and participation 14

15. Health and safety practice resources Practice resources An ECE service’s approach to health and safety practice is informed by: government legislation and regulations business rules workplace policies, processes and procedures guidance and resources Documentation can help ensure everyone knows what the processes and procedures are and what is expected of them. Under the HSWA there are no requirements to have written health and safety policies. A good health and safety system is about the actions taken by those at the workplace. 15

16. Risk management The HSWA creates expectations for risk management by organisations that are proportionate to the risk. It emphasises the requirement to manage the risks of harm occurring rather than managing a hazard. Formal risk assessment enables the PCBU to understand the significant hazards in the ECE service. Managing work health and safety risks involves the following four steps: 1.identifying hazards 2.assessing risks 3.controlling risks 4.reviewing control measures Risk identification, assessment and management 16

17. Controlling risks The HSWA requires that the PCBU eliminates or minimises risks. Controlling health and safety risks in the workplace is an ongoing process that needs to take into account changes in the workplace. One method for managing risk information is by keeping a risk register. This is not required under the HSWA but it is good practice. Keeping all your health and safety risk management information in one register will make it easier to ensure that all risks have been assessed and managed. Risk identification, assessment and management 17

18. Workplace management All PCBUs must ensure every person has an appropriate induction to the workplace, whether they are a worker or other person such as a visitor, parent, other volunteer, etc ensure every worker has adequate supervision and training in relation to their tasks ensure that there are adequate numbers of trained first aiders ensure an emergency plan is in place for the workplace that includes testing of emergency procedures develop and encourage a health and safety culture. If a PCBU knows or ought to know that there is a risk of exposure to asbestos, they must ensure that the asbestos is identified and there is an asbestos management plan Workplace management 18

19. Workplace management Training The PCBU should ensure that all workers, health and safety representatives and other persons receive information and training appropriate to their activities at the workplace. Health and safety training must ensure workers can operate in the workplace in a safe manner. ECE service providers can train their own workers in health and safety with the exception of first aid training, which requires a specific qualification. 19

20. Equipment and Plant Plant has an all-encompassing meaning under the Act - it includes machinery, vehicles, equipment (including personal protective equipment), appliances, containers, implements, and tools. Examples of plant and equipment in an education context may include: Electrical equipment e.g. Heaters, kitchen appliances Outdoor playground equipment - both fixed and portable e.g. Swings, slides, climbing frames, ride-on toys VehiclesIndoor equipment and toys Hand and power tools for maintenance e.g. Mowers, trimmers, gardening tools Office equipment e.g. Laminators, guillotines, computers, printers Workplace management 20

21. Workplace management Health and Wellbeing programmes aim to improve the health of workers and their families while reducing health-related costs to the ECE service. Health and wellbeing programmes vary considerably but the key components of health and wellbeing programmes are those that target: physical activity healthy nutrition smoking cessation mental wellbeing Health and Wellbeing 21

22. Incident, illness and injury management Notifiable events A notifiable event is defined in the Act as the death of a person, a notifiable injury or illness, or a notifiable incident that arises from work. A near miss can be a notifiable event. A notifiable injury or illness is one that requires the person to: have immediate treatment (other than first aid) be admitted to a hospital for immediate treatment have medical treatment within 48 hours of exposure to a substance A notifiable incident means an unplanned or uncontrolled incident in the workplace that exposes a worker or any other person to a serious risk to that person's health or safety arising from an immediate or imminent exposure to a variety of hazards If any of these occur you need to notify WorkSafe 22

23. Incident, illness and injury management Injury and illness support and rehabilitation A support and rehabilitation programme, which outlines how workers can be helped to return to work should be part of the PCBU’s health and safety system. This should include a return to work plan that ensures the returning worker does so safely after an injury or illness. The work plan should include duties that are suited to the worker’s current capacity and can either be: modified duties alternative duties 23

24. Monitoring, reporting and assurance The Officers of the PCBU have the overall responsibility for ensuring the workplace health and safety system performs. All elements of the health and safety system should be: monitored on an ongoing basis to identify areas for improvement and development, and reviewed regularly to ensure continuous improvement. 24

25. More information The Ministry of Education health and safety web space: http://www.education.govt.nz/ministry-of-education/specific- initiatives/health-and-safety/ 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 http://www.business.govt.nz/worksafe Administrator of Health and Safety legislation MBIE: http://www.mbie.govt.nz/ http://www.mbie.govt.nz/ If you have specific questions please contact our project manager at healthandsafety.info@education.govt.nz or your local Ministry of Education office healthandsafety.info@education.govt.nz 25