Responding to a health and safety notification

Resources and advice for senior leaders on responding to an identified health and safety notification within a reasonable timeframe.

Requirement to address identified issue

A presentation (above) has been developed to give more advice for senior leaders on responding to an identified health and safety notification within a reasonable timeframe.

The need was identified because of a situation involving PPTA and the School Trustees Association (STA) in which the school leadership principal failed to respond to an identified health and safety notification within a reasonable timeframe. 

The principal (which may be a senior leadership team (SLT) member acting as principal) must respond to a health and safety notification and failure to do so can result in significant fines (up to $250,000).

Hazard notification 

Notification may be verbal or in writing and anyone can give a notification of a hazard (employees are required to notify the employer of any hazard they identify. Hazards can include student behaviour.

It is not the employer’s prerogative to determine that a matter is closed. If the hazard is not deemed to have been appropriately addressed by the elected Health and Safety Representative (HSR) or the Health and Safety Committee then they may issue a written recommendation. If that is not responded to or if the hazard is felt to remain inappropriately addressed then the HSR will issue a written Provisional Improvement Notice (PIN). 

Notice cannot be ignored 

Ignorance of the act or the processes to be followed is not a protection against fines.

If a PIN is issued by the HSR then it cannot be ignored or amended by the employer and must be displayed near the hazard until the matter is resolved. It must be referred to the Regulator within 7 calendar days. Failure in any of these areas also exposes the employer to fines.

Ultimately it will be the decision of the relevant Regulator (usually Worksafe) as to whether it has been or not if the employer and the HSR o not agree that it has been.

 

Last modified on Wednesday, 17 May 2023 09:08