KEEPING OUR TAONGA SAFEARTHUR SUTHERLAND, OCT 2015

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OUR TAONGA

Our students and the personnel who have leadership roles The latter being the core and non-core in the

context of the Vulnerable Children Act In the context of Alternative Education the

leaders include teachers, tutors, pedagogical leaders, nurses, youth and social workers, educators, instructors, facilitators and managers.

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INTRODUCTION

Vulnerable Children Act, 2014

Education Act, 1989 and subsequent amendments

Health and Safety at Work Act, 2015

Adventure Activities Regulations, 2011

A tool for allocating personnel to EOTC leadership roles

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VULNERABLE CHILDREN ACT 2014

A significant part of comprehensive measures to protect and improve the wellbeing of vulnerable children and strengthen our child protection system

The VCA and other associated legislation passed into law on 1st July 2014…implementation is progressive

Regulations have and are being written E. g., VC Regulations (Requirements for Safety Checks),2015

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VCA 2014

Vulnerability relates to physical & mental health; cultural & emotional well-being,

Includes the Children’s Action Plan

Applies to core workers and non-core workers

A child is someone under 18 and not married or has been married or in a civil union

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VULNERABLE CHILDREN ACT 2014

Safety checks for personnel who want to work with those not yet 18

Board and other Child Protection Policies are required

contains a restriction on the employment of people with convictions for specified offences in some children’s worker roles, subject to a government-run exemptions process.

40 of them are offences under the Crimes Act See schedule 2 of the VCA

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CORE CHILDREN’S WORKER?

When present with a child or children, the person—is the only children’s worker present or is the children’s worker who has primary responsibility (PR) for, or authority over the child or children present

PR means accountability, duty of care, and obligation. Authority means power, right to provide guidance,

set boundaries, make decisions, and the application of behaviour management techniques.

Teacher, tutor, social & youth worker Overnight camp leader

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SCHOOL BOARD CHILD PROTECTION POLICY

Every school board must:

adopt, as soon as practicable a CPP

ensure a copy of the policy is available on the Internet site (if any) or is available on the school premises if requested

ensure that every contractor providing children’s services adopts the policy

review the policy every 3 years

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THE SAFETY CHECKING PROGRAMME

From 1 July 2015 all new state-funded core workers need to be safety checked before starting work in a new role

From 1 July 2016 all new state-funded non-core workers need to be safety checked before starting work in a new role

By 1 July 2018 all existing state-funded core workers need to have been safety checked

By 1 July 2019 all existing state-funded non-core workers need to have been safety checked

Safety checks for employees and contractors are required to be updated every three years after each check is completed.

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SAFETY CHECK FOR NEW WORKERS

IdentificationInterview5 year work historyAt least one refereeInfo from professional bodyPolice vet unlessEvaluation…assess the risk

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EXAMPLES OF SPECIFIED OFFENCES

Dealing in people under 18 for sexual exploitation

Discharging a firearm or doing dangerous act with one

Indecency…….assaults, acts, etc

Abductions

Ill-treatment or neglect of child or vulnerable adult

Offences relating to objectionable publications

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HEALTH AND SAFETY AT WORK ACT, 2015

Comes into effect on 4 April 2016

Until then the current Health and Safety in Employment Act 1992 remains in force

There will be a number of Regulations General risk and workplace management

Major Hazard Facilities

Asbestos

Engagement, worker participation and representation

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KEY CONCEPTS

Management of risks (Pt 2, S30)-risks to be eliminated so far as is reasonably practicable, and if it is not reasonably practicably to eliminate then the risks are to be minimised

Introduction of the Person Conducting a Business or Undertaking-the PCBU

Primary duty of care

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KEY CONCEPTS CONTINUED

A PCBU must ensure, so far as is reasonably practicable, the health and safety of—workers who work for the PCBU, while the workers are at work in the business or undertaking and workers whose activities in carrying out work are influenced or directed by the PCBU, while the workers are carrying out the work.

A PCBU must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

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HAZARD……..

Hazard includes a person’s behaviour where that behaviour has the potential to cause death, injury, or illness to a person (whether or not that behaviour results from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour)

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REASONABLY PRACTICABLE…..

Reasonably practicable means that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters, including—

Likelihood of occurring Degree of harm that might result What the person (PCBU, other) knows Availability & suitability of ways to eliminate or

minimise After assessing the extent and cost (grossly

disproportionate)

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OFFENCES & INSURANCE

Individuals such as the PCBU and officials are held responsible for workplace accidents with maximum fines set (S47, 48, 49, 50 and 51).

For example, where a PCBU or an officer is deemed to be reckless the penalty can be a term of imprisonment not exceeding 5 years or a fine not exceeding $600,000

Insurance against fines is unlawful (Pt 4, S29)

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THE 7 HABITS OF POSITIVE SAFETY CULTURE

1. Take all reasonable practicable steps

2. Identify hazards

3. Take steps to eliminate or minimise

4. Emergency procedures in place

5. Training for all

6. Keep & analyse a register of actual & near miss incidents

7. Monitor the implementation

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FIVE ACTIONS FROM TODAY

Familiarise yourself with the key concepts of the legislation

Review your health and safety practices

Identify health and safety risks in your business and take steps to prevent these from causing harm

Lead by example

Make health and safety part of your workplace culture

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ADVENTURE ACTIVITIES REGULATIONS 2011

Captures…………

Commercial operators

Who deliberately expose clients to high risk

Through specified activities

Thus they must be registered through an audit process, and are subject to regular monitoring

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ADVENTURE ACTIVITIES REGULATIONS 2011

Those who are operating illegally/without being registered are subject to prohibition notices

The regulations were modified in 2013 to ensure staff are free of alcohol and drugs

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THE SPECIFIED ACTIVITIES LIST INCLUDES……..

High ropes courses Off road vehicle driving Abseiling & outdoor rock climbing Kayaking Quad biking or trail biking River boarding

See full list in the paper that supports this presentation

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THE REGULATIONS, SCHOOLS AND AE

Schools and AE providers?

No, because they have to meet the Education Act requirements as expressed in NAG 5, the EOTC Guidelines & Safety

Thus schools must have SMS

Yes, where they contract a registered adventure operator to assist them achieve the identified student outcomes

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NAG 5 REQUIRES…

……”schools and AE providers to provide a safe physical & emotional environment for students & comply in full with any legislation in force that may be developed to ensure the safety of the students & employees.

AE provision should: Ensure that the physical environment meets H &

S requirements Carry out regular checks to identify hazards in the

physical environment. Have procedures for the emergency evacuation of

students.

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NAG 5 CONTINUED

Have policies and procedures that protect students from emotional harm.

Support students who experience harm or abuse.

Have policies and procedures to minimise the risk of accident or injury to students in outdoor settings

Have policies that set out procedures for investigating complaints for students and staff of abuse or harassment.”

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GUIDELINES

Ministry of Education EOTC Guidelines-Bringing the Curriculum Alive: Learning Safely

Outdoor Activities Guidelines for Leaders

Activity Safety Guidelines

Education Outdoors NZ

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USEFUL TOOLS

Registers

Assigning personnel to the leadership role

Supervision structure

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