Last updated: 26/07/2024

Policy documents

Implementation date: 28/10/2013
Reference number: PD-2013-0454-V02.0.0
Publicly available: Yes
Policy cluster: School management
Enterprise management

Work health and safety (WHS)

Work health and safety requirements including the department's commitment to the health and safety of everyone in its workplaces.

Audience

All workers of the NSW Department of Education, students and visitors while in department workplaces or participating in authorised department activities.

Changes since previous update

Version	Date	Description of changes	Approved by
V02.0.0	26/07/2024	Under the 2023 Policy and procedure review program, this policy has been streamlined to support the consolidation of 3 policy documents: Work, health and safety policy, Incident notification and response policy, and the Reporting school accidents policy.	Executive Director, Health Safety and Staff Wellbeing

Document history

2019 Oct 28 - updated links in section 3.4.

Minor text and style changes and updated contact details. Updated regulation - Work Health and Safety Regulation 2017 replaces Work Health and Safety Regulation 2011.

TAFE NSW is no longer a part of the Department of Education however this policy and the accompanying implementation website apply to both the department and TAFE NSW.

Superseded documents

Occupational Health and Safety Policy PD/2004/0007/V02
Occupational Health and Safety Policy poster, approved by Martin Bowles, DDG (Corporate Services) with effect from 31 August 2006
Occupational Health and Safety Consultation Policy PD/2005/0260
First Aid Policy PD/2005/0247
Emergency Planning and Response Policy PD/2005/0250
Infection Control Policy PD/2005/0257
Prevention of Bullying in the Workplace Policy PD/2005/0246
Occupational Health and Safety Risk Management Policy PD/2005/0256
Safe Working Policy PD/2005/0248
Workplace Health and Injury Management Policy PD/2005/0258.

Policy statement
1. The department is committed to providing a safe and healthy working and learning environment by:
  1. adopting a preventative and strategic approach to managing work health and safety (WHS) through a systematic process of hazard identification and risk assessment
  2. developing and maintaining a single, integrated WHS management system, comprising structured procedures, guidelines, resources, training and systems that are accessible
  3. providing appropriate information, training and induction to ensure all tasks are conducted in a safe manner
  4. supporting and promoting workers’ wellbeing by providing resources, programs and initiatives that foster positive work environments, enhance physical and mental health and promote work-life balance
  5. engaging in meaningful consultation with workers, their representatives, students and visitors on WHS matters
  6. ensuring contractors have specified knowledge and appropriate safety systems in place, with monitoring processes
  7. promoting dignity and respect, and taking action to eliminate, prevent and respond to psychosocial hazards such as workplace bullying, harassment, discrimination and role overload
  8. maintaining effective emergency response procedures and conducting regular drills to ensure workers, students and visitors are prepared for workplace emergencies
  9. requiring the prevention and timely reporting of incidents, injuries/illness, hazards and/or near misses in accordance with statutory and regulatory obligations to support practical incident response activities
  10. providing a return-to-work program that facilitates safe and durable recovery at work for workers, where possible, for both work-related and non-work-related health conditions
  11. establishing programs of continuous improvement by engaging with government agencies, peak bodies and industry to make appropriate health and safety decisions in consideration of changes to legislation and industry-recognised standards
  12. improving performance through the establishment of measurable objectives and targets aimed at identifying and monitoring WHS hazards, risks and control effectiveness
  13. taking reasonable steps to eliminate, or if not reasonably practicable, to minimise and reduce the risk of reasonably foreseeable harm to students and workers under a legal duty of care. This ensures the health, safety and welfare of workers, students and visitors when engaging in restrictive practices to meet this objective
  14. ensuring that, so far as reasonably practicable, all workplaces are maintained and have the appropriate facilities to ensure the health and safety of workers, students and visitors
  15. integrating sustainability and resilience principles, where possible, into WHS practices to enhance the adaptability of learning and working environments to environmental hazards
  16. complying with all relevant statutory and regulatory obligations, codes of practice, standards, and associated record-keeping and disclosure obligations
  17. maintaining a positive and proactive safety culture that is adaptable to changing demands.
Context
1. Everyone in department workplaces have a responsibility for health and safety under the Work Health and Safety Act 2011.
2. While the department has the primary duty of care, all workers have responsibilities while undertaking their duties to follow reasonable instructions and lawful directions in accordance with the department’s WHS policy and procedures.
3. Officers owe WHS duties under the WHS Act. An officer is defined in the WHS Act as a person who makes, or participates in making, decisions that affect the whole, or a substantial part of, the business or undertaking of the department.
4. The department’s expectation is that all senior leaders will hold themselves accountable to the highest standards of WHS and act in accordance with the WHS Act. The department acknowledges that this does not necessarily mean that they are an officer for the purposes of the WHS Act. References in documentation to any roles and responsibilities that are similar to or the same as those obligations under section 27 of the WHS Act also does not necessarily mean that they are an officer for the purposes of the WHS Act.
5. The term ‘worker’ is broadly defined in the Act as any person carrying out work in any capacity for the department, including employees, contractors or subcontractors, employees of subcontractors or contractors, employees of a labour hire company who has been assigned to work at the department, an outworker, apprentices or trainees, work experience students and volunteers.
6. Through the provision of procedures, guidelines, supporting resources and training, the department aims to provide a safe learning and work environment for all students, workers and visitors.
7. From time to time:
  1. workers may suffer an injury in the course of their duties
  2. students may suffer injuries on school sites while engaging in activities that may or may not be authorised
  3. students sometimes suffer injury while engaged in authorised activities away from school sites, such as sporting events, excursions and other educational visits
  4. visitors to school sites, contractors or volunteers assisting in authorised activities on or away from school sites may also suffer injuries
  5. property that borders school sites may also be damaged.
8. It is well established that students, workers, visitors or other third parties who are injured, or otherwise suffer loss or damage on school sites or during authorised school activities, may pursue claims against the department even when the injury or incident may initially be considered minor in nature. Incident record keeping processes must support legal objectives related to these claims.
9. This policy is consistent with and should be read in conjunction with all department policies, procedures, guidelines, support documents and codes of conduct relevant to WHS outcomes and privacy, records management and the completion, storage and use of legal injury and third-party property damage reports.
10. The following legislation, regulatory sources and relevant codes of practice underpin this policy:
Policy contacts
1. Health, Safety and Staff Wellbeing directorate
  ExecutiveDirector.HealthandSafety@det.nsw.edu.au
Monitoring the policy
1. The Executive Director, Health, Safety, and Staff Wellbeing monitors the implementation of this policy, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.