Hazard assessments, a requirement of Occupational Health and Safety (OHS) legislation, play a key role in health and safety at the workplace. Hazard assessments must be completed before any work takes place at the school, and should be reviewed at regular intervals, or when something changes the way that the work is done. Typically, hazard assessments are done at the start of every school year. Under the OHS Act, school divisions have the obligation to include teachers (workers) and other workers in the building in conducting hazard assessments. Hazard assessments are specific to the work being done, and therefore some teaching assignments may require additional controls in place due to additional hazards associated with that particular assignment. School divisions (employer), via the principals (supervisors), must communicate known hazards and the controls in place so that everyone working in the school knows how to work safely.
COVID-19 is a workplace hazard. This is undeniable, particularly in the context of conventional congregated schooling. All workplace hazards, including those associated with COVID-19, should be included on the hazard assessment, as well as the measures in place to eliminate or control those hazards. This information needs to be available to all workers in the building. School divisions must eliminate the hazards where possible. If it is not possible to eliminate a hazard, the hazard must be controlled to the lowest level of risk possible by following a hierarchy:
- First choice: Engineering controls to modify the worksite to isolate people from a hazard, like installing partitions to separate workspaces
- Second choice: Administrative controls to change how and when the work is done to control a hazard, like changing schedules to stagger the amount of people in a space at a given time, requiring daily screening, or physical distancing
- Third choice: Personal Protective Equipment provided to workers to wear to protect them while working, like gloves and face masks.
While the controls are considered in a hierarchy, they are also frequently identified as a part of a suite of controls. This means that it is the combination of controls that is required to ensure the hazards are controlled as effectively as possible.
If there are concerns with hazards in the school, the controls put in place and/or their effectiveness, teachers have the obligation to report these concerns to the principal in a timely manner. The school division should have the opportunity to respond to the concerns and make any changes as necessary.
After eliminating hazards where possible and adopting reasonable and practicable hazard controls that are being followed correctly, and the school authority determines that the work is not dangerous and no dangerous condition is present at the work site, the school authority can direct you to work in the classroom in your regular assignment.
The expectation to work in your regular assignment, it is a lawful order of the board and you must comply if it is reasonable. You may, however, lodge a formal protest as provided for in Article 8 of the ATA Code of Professional Conduct. Executive Staff in Teacher Employment Services can assist with the protest.
The Occupational Health and Safety (OHS) Act requires the promotion and maintenance of the highest degree of physical, psychological and social well-being of workers. Further, in Part 4, a worker has the right to refuse dangerous work if the worker believes an undue hazard is present at the work site or the work constitutes a danger to health and safety. Please see Right to Refuse Work for more information.