Occupational violence and workers' right to a safe workplace
Queensland Teachers' Journal, Vol 128 No 4, 9 June 2023, page no.14
All workers have the right to a safe and healthy work environment. This includes schools and other Department of Education workplaces. It really is that simple.
The department states in the “Prevention of occupational violence and aggression” procedure that it has a zero-tolerance stance towards occupational violence, and that it “is not willing to accept or be exposed to risks that compromise its ability to meet our workplace health and safety commitments”. These statements read like commitments, but often operate like distant aspirations.
It is imperative that teachers and school leaders do not see occupational violence as just part of the job. It is not.
Too often, the response to occupational violence and the steps taken to mitigate the violence seem to sit solely with the workplace. At times this is appropriate, but it shouldn’t be the default approach. When clear patterns are evident, more needs to be done by the department as a system response.
The Work Health and Safety (WHS) Act expects the department as the "person conducting the business or undertaking" (PCBU) to deliver on safe systems of work and safe workplace environments. The act charges the department’s senior officers with a duty to actively monitor both the health of workers and the conditions at its workplaces for the purpose of preventing illness or injury. This means that the department must actively seek to know which workplaces are likely to have more incidents of occupational violence, and therefore be working with those workplaces to put in place responses that proactively eliminate or mitigate the risk to workers and others (students).
For a worker affected by occupational violence, it is important that all incidents are reported on the MyHR WHS module. Reports establish patterns (OneSchool reports can also be referred to).
Consultation with workers is at the heart of all WHS legislation. There is a specific duty to actively consult with workers and others in relation to incident/s and the controls that will be put in place to eliminate or mitigate the risk of further violence. Consultation must occur when the controls are being reviewed as well.
Where the controls are not sufficient to eliminate or effectively mitigate the risk, the resourcing challenge needs to be escalated to region and/or central office. The local workplace should expect assistance and effective engagement.
Under the act, an individual worker has the right to cease unsafe work (WHS Act s84), and an elected health and safety representative (as opposed to a health and safety officer) has the authority to direct workers to cease unsafe work (s85). The Industrial Relations Act 2016 (s271) also provides for a right to refuse work if there is an imminent health or safety risk.
The QTU believes that all students are entitled to a quality state school education. But the QTU also believes that protecting the health and safety of members is essential Union business.
If the continued attendance of any student in any workplace presents an imminent health and safety risk to any QTU members, the school’s QTU Representative should be asked to convene a meeting to consider resolutions, including seeking a directive from the QTU not to provide instruction to the student until such time as staff are satisfied that the student no longer poses an imminent health and safety risk. QTU members have also sought directives in relation to parent/caregiver interactions with school communities.
The QTU brochure “QTU assistance in dealing with student behaviour management” has detailed advice on seeking assistance in relation to health and safety risks to members.
https://www.qtu.asn.au/bradstudentbehaviour
"It is imperative that teachers and school leaders do not see occupational violence as just part of the job. It is not. "
Kevina O'Neill
Assistant Secretary – Services