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Why should
educators invest in quality safety training systems?
It is to be noted that a teacher’s
‘duty of care’ is a higher standard than that of a reasonable person.
In the workplace, ‘due diligence’ means taking
every precaution reasonable in the circumstances to
protect the health, safety and welfare of all persons.
Evidence of due diligence is one of the two defenses
available to a person, charged with an offence under an
Occupational Health and Safety Act.
Due diligence requires that you address
'identified
risks' in your workplace through a properly
functioning and documented health and safety system. The
more harmful or serious are the potential dangers, the
more you must guard against them to prevent workplace
injuries and illnesses. Whether an individual acted
diligently, depends on whether he/she took every
precaution 'reasonable in the circumstance' for that
particular case.
To prove due diligence, employers (directors, managers
and supervisors) must be able to demonstrate that not
only was sufficient health and 'safety instruction
and training' provided, but that recipients
understood the training and successfully applied it.
The duty holder must show that it was not reasonably
practicable to do more than what was done or that they
have taken ‘reasonable precautions and exercised due
diligence’. Failure to comply with workplace safety
training regiments, including 'mandatory record
keeping and registration', may lead to legal
implications such as the term ‘negligence’. If
this unfortunately becomes the case, and as a teacher
you are charged as ‘negligent’, the plaintiff action
(your injured student) will surely follow through in the
common law courts.
Regiments (rigid discipline and systemisation) also
provide a positive defence to any action brought
by a plaintiff, if schools and teachers are able to
demonstrate their training and ability to care for the
safety of their students to the standard of a reasonable
teacher.
Both the school and its teachers will have to rely on
their safety training policy, the safety training
program, enforcement of the safety training procedure,
and the overall ability of the teachers to exercise a
high standard of ‘duty of care’.
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Use technology.
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