FAQ
If you give incorrect First Aid, is that an OHS
problem?
No. Having exercised duty of care - doing the best you can
in the given circumstances - the Department of Education and
Training (DET) accepts vicarious liability for this action. OHS
does not apply in this situation.
Can other colleagues be an OHS risk?
Yes they can! The employer has a legal responsibility to
provide a workplace that is free of health and safety
risks.
If the actions of a colleague cause stress or sickness to
other staff, this would constitute a hazard and the
employer would be required to institute control measures to remove
or minimise this risk to health and safety. An example could be a
staff member who comes to school suffering from swine
flu.
If you are out of sight of a school, is that an OHS
risk?
No, being out of sight is not an OHS risk.
For example, excursion groups are out of sight but have
assessed the risks of travelling to the excursion
venue.However, supervision at school in an area which
is out of sight but likely to have violent intruders could be
considered an OHS risk and would have to be
managed.
What is "vicarious liability"?
"Vicarious liability" is the employer's acceptance of
responsibility for an event or action by an employee. This does not
mean that disciplinary action may not be taken by the
employer.
Are OHS fines personal or does "vicarious liability"
apply?
Yes, OHS fines are personal. Just as a personal fine
occurs if you infringe traffic laws, so personal fines also occur
if you are in breach of OHS legislation.
