Gary Gannon
Question:103. Deputy Gary Gannon asked the Minister for Education the measures her Department is undertaking to ensure the safety of teachers, SNAs and staff working in special needs settings. [30521/24]
View answerThursday, 11 July 2024
Questions (103)
Written answers
Under section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012) the board of management is the employer of teachers and other staff of the school.
The board’s role as an employer includes responsibility for the recruitment and dismissal of teachers and other staff within the school, subject to relevant Department circulars, employment legislation and sectoral agreements. The role also includes but is not limited to, health and safety, building, promoting and maintaining positive staff relations.
In accordance with the Safety, Health and Welfare at Work Act 2005, it is the responsibility of individual school authorities to have a safety statement in place in its school and to ensure as far as is reasonably practicable, the safety, health and welfare at work of its employees and those who are in anyway affected by the work activities of the school. The safety statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils.
The body which has statutory responsibility for ensuring that health and safety requirements are met by all employers, including schools, is the Health and Safety Authority (HSA). Guidelines for managing safety, health and welfare at work were developed following consultation with relevant stakeholders and are published on the website of the Health and Safety Authority www.hsa.ie
The Leave of Absence following Assault Scheme, which is contained in the Department’s Circular Letter 0061/2017 for teachers, provides for special leave with pay (subject to specified limits) to a teacher who is unable to perform their duties due to a physical injury following an assault that happened in the course of their duties and during approved school activities.
The leave available under the Scheme for Leave of Absence following Assault is 3 months (92 days) at full pay in a rolling 4-year period. In exceptional cases, such as where a significant period of hospitalisation is required or in situations of a second or subsequent incident of assault, the leave may be extended for a further period not exceeding 3 months (91 days) at full pay, subject to an overall limit of 6 months (183 days) at full pay in a rolling 4-year period. Any subsequent absence will be dealt with under the Sick Leave scheme.
As set out in the circulars, assault is defined as physical contact from a third party causing physical injury to a teacher in the course of their duties and during approved school activities. The third party can, for example be a student, a parent or a member of staff who causes a physical injury to the teacher as a result of physical contact.
The circular does not require that there be an intent to cause a physical injury, or that it be established that there was an intent to cause a physical injury, merely that there was physical contact from a third party which caused an injury to the teacher.