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Ontario Legislation Related to Worker Health & Safety and Student Safety
A Balancing Act
Students identified with a Behaviour Exceptionality may be a risk for Worker Health & Safety due to the risk of violence in the workplace. Administrators, teaching staff, and more often Educational Assistants hired specifically to work with these students are all at risk. Bill 168, the Violence and Harassment in the Workplace Act of 2009, was passed to require employers to assess workplaces for potential risks to employees, prepare policies and procedures for dealing with violence and harassment (including reporting incidents), and develop programs to control workplace risks (including educational programs). It also re-iterates the right of employees to refuse unsafe work.
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Students identified with a Behaviour Exceptionality may also be a risk for other students at school. Bill 157, the Keeping Our Kids Safe at School Act of 2009, was passed to make clear the expectations of the Ontario Government and Ministry of Education with regards to the steps school boards, schools and school staff are required to take in order to keep students safe at school. This Act is an amendment of the Education Act.
Section 43 of The Occupational Health and Safety Act of 1990 states that workers have the right to refuse unsafe work, but Regulation 837 states that teachers must ensure the safety of their students first.
Reference: OSSTF Right to Refuse Work - For Teacher Members Only |
To access Ontario legislation and Ontario Ministry of Education Resources on worker health & safety and student safety click on the links (the green text) above.
Worker safety and student safety is a balancing act, that is why education and training for staff on topics related to de-escalating problem behaviours, teaching strategies for reducing the risks of problem behaviours and teaching students with a variety of exceptionalities is essential. Education and training on the topics of equity, inclusion, social media and bullying are also critical.
Exclusion, Suspension and Expulsion of Exceptional Students
Suspension and Expulsion: What Parents Need to Know is a valuable resource for reviewing the reasons for and process that must be followed for students being suspended or expelled.
Exclusion is the decision to temporarily exclude a student from a school for a health and safety reason. Exclusion is discussed as one of the duties of a principal in the Education Act Section 265 (1):
(m) subject to an appeal to the board, to refuse to admit to the school or classroom a person whose presence in the school or classroom would in the principal’s judgment be detrimental to the physical or mental well-being of the pupils;
An example of when an exclusion could be assigned on a temporary basis would be when an exceptional student has been so violent that her/his inclusion poses significant risks to worker safety. The purpose of the exclusion is specifically to allow the principal and staff the time needed to put further supports (additional training, support plans, safety equipment, etc.) in place to ensure worker and student safety.
For any suspension, expulsion or exclusion of an exceptional student, extensive documentation of supports, interventions and progressive discipline steps taken in response to behaviours are required.
Worker safety and student safety is a balancing act, that is why education and training for staff on topics related to de-escalating problem behaviours, teaching strategies for reducing the risks of problem behaviours and teaching students with a variety of exceptionalities is essential. Education and training on the topics of equity, inclusion, social media and bullying are also critical.
Exclusion, Suspension and Expulsion of Exceptional Students
Suspension and Expulsion: What Parents Need to Know is a valuable resource for reviewing the reasons for and process that must be followed for students being suspended or expelled.
Exclusion is the decision to temporarily exclude a student from a school for a health and safety reason. Exclusion is discussed as one of the duties of a principal in the Education Act Section 265 (1):
(m) subject to an appeal to the board, to refuse to admit to the school or classroom a person whose presence in the school or classroom would in the principal’s judgment be detrimental to the physical or mental well-being of the pupils;
An example of when an exclusion could be assigned on a temporary basis would be when an exceptional student has been so violent that her/his inclusion poses significant risks to worker safety. The purpose of the exclusion is specifically to allow the principal and staff the time needed to put further supports (additional training, support plans, safety equipment, etc.) in place to ensure worker and student safety.
For any suspension, expulsion or exclusion of an exceptional student, extensive documentation of supports, interventions and progressive discipline steps taken in response to behaviours are required.