| Legal requirements
School boards of trustees have legal responsibilities with
regard to the safety of students. These are set out in legislation
and arise under the general law.
Under the Education Act 1989, boards must prepare charters
in accordance with the National Administration Guidelines
(NAGS). NAG 5 require boards to: provide a safe physical
and emotional environment for students.
Under the Health and Safety in Employment Act 1992 boards
have obligations as employers to the health and safety of
employees, students, and other visitors to the school.
Under general law, school boards of trustees, principals
and teachers owe a duty of care to students to safeguard them
from harm in situations where a reasonable person would have
foreseen the likelihood of harm arising.
First aid coverage in schools
The Ministry of Education requires schools to have procedures
in place that are consistent with best practice. Best practice
guidelines require schools to ensure that students and staff
have access to a qualified first aider and first aid facilities
when they need it. The Ministry is not prescriptive about
how schools should meet this best practice responsibility.
For example, there is no law that requires a specific number
of first aiders in a workplace or the type of certificate
they should have. Boards need to decide what is most suitable
in their circumstances.
Thinksafe for schools is a pamphlet to assist schools
to meet their obligations regarding the safety of staff and
students in the school. It was prepared by ACC in conjunction
with NZ School Trustees Assocation.
OSH requires all employers to ensure that employees have
access to first aid when they need it. OSH have Guidance
Notes on providing first aid equipment, facilities and training
on their website www.dol.osh.govt.nz
Fotnote
1. These comments do not cover the special requirements of
the Health and Safety in Employment Act 1992. For further
information, see also Liability
FAQs |
