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.