Schools are re-evaluating their outdoor education programmes in light of new legislation, which takes effect on April 4.
However the two local principals spoken to by Hibiscus Matters are determined that the requirements, which come down hard on principals, will not stop them from offering outdoor education and physical challenges to their students.
The new Health and Safety at Work Act (HSWA) is part of a reform package aimed at reducing the number of serious work-related injuries and deaths in New Zealand by at least 25 per cent by 2020.
While there is agreement on the intent of the Act, educators are concerned at the impacts it could have on school sports, camps and other outdoor activities.
If accidents happen, the responsibility will fall squarely on the shoulders of the principals who could face fines of up to $600,000 or five years imprisonment, which they can’t insure themselves against.
Principals Federation president Denise Torrey is quoted as saying that teachers should be safe from punishment if they follow good procedures. But she said the mere possibility of stiff penalties could have a chilling effect.
“There is a whole list of things that could be potentially curtailed because people become risk-averse. And that’s a risk – that we become so risk-averse that we wrap our children and our staff in cotton wool and they can’t do anything.”
Other educators have called for more clarity about the law changes, while others are concerned about the extra administration that will be involved.
Whangaparaoa College principal James Thomas describes the requirements as “unnerving” but says the school will retain its outdoor programme.
“We plan carefully and have procedures in place when situations might be of concern and when accidents happen. The Ministry of Education and Worksafe NZ assure us that continuing with good practice is all that is required. However, it is rather unnerving that accidents may lead to huge personal fines or even prison.”
Mr Thomas says the college will continue to provide a full range of physical activities, sports, outdoor education, Education Outside the Classroom (EOTC) and allow its adventure playground to be enjoyed.
“These types of activities are part of what it means to grow up in NZ and it helps teenagers learn about risk and how to assess situations,” Mr Thomas says. “A considerable volume of checklists and resources are being provided by the Ministry, WorkSafe and others in relation to the new legislation. I hope that the compliance requirements do not detract from the energy and focus on our core business of teaching and learning.”
Orewa College principal Kate Shevland says that thorough risk analysis planning is done prior to any EOTC activity being approved. “We do not intend to cut our EOTC activities,” she says. “The challenge is deciding what it means to have taken every practicable step to ensure safety. In the case of a serious accident, this will be tested in the courts and interpreted for each situation.”
She says that flow on effects will be seen in areas such as the Gateway programme, which involves supervised work placements and gaining industry qualifications. “It is not yet clear who is ultimately responsible in the case of accidents in those situations – the school or the employer.”
WorkSafe NZ chief executive Gordon MacDonald says that the new legislation should not get in the way of schools providing outdoor education.
“It’s important to remember schools already have duties under the current Health and Safety in Employment Act,” Mr MacDonald says. “The new Act is not designed to curtail activities but to ensure those who have responsibility for the creation of risk have considered that risk and taken reasonably practical steps to address it.”
He says just because an incident occurs does not mean that a principal or anyone else will be prosecuted. “WorkSafe is notified of 3500 serious harms a year and takes about 100 prosecutions. This action is only for the most serious cases.”
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