What schools and early childhood services must do under the HSWA — and who carries the duty
Every school and early childhood service is a PCBU under the HSWA, and in a school the board holds the primary duty of care for workers, students and visitors. The risks run from education outside the classroom (EOTC) and playgrounds to science rooms, contractors, traffic and staff wellbeing. WorkSafe has prosecuted school boards over EOTC tragedies — so the duty is real, and good systems matter.
In a school, the board is the PCBU and holds the primary duty of care. In an early childhood service, the service operator is the PCBU. The principal, teachers and support staff are workers; board members are officers with a due-diligence duty.
There is one important nuance for school boards: members appointed or elected under the Education and Training Act 2020 do not commit an offence for failing their personal due-diligence duty, but the board itself, as the PCBU, can be prosecuted. So the entity carries real legal exposure even where individual members are shielded. See what a PCBU is and officer due diligence.
The duty of care reaches everyone affected by the work of the school: teachers, support staff, relievers and contractors as workers, and students, visitors and volunteers as other persons. Parents and caregivers helping with EOTC, fairs or sausage sizzles are generally treated as casual volunteers. Students on work experience become workers of the host business while they are there.
| Area | What to watch |
|---|---|
| EOTC, camps & trips | Water, heights, transport and remote locations; multiple PCBUs; the highest-consequence area. |
| Playgrounds & play areas | Falls, equipment condition and supervision — especially in ECE. |
| Slips, trips & falls | Wet floors, clutter and uneven surfaces — one of the most common injuries. |
| Science, technology & art | Hazardous substances, machinery and exempt laboratories. |
| Manual handling | Lifting and carrying children in ECE, and moving equipment and furniture. |
| Buildings & contractors | Asbestos in older buildings, maintenance, and contractors working on site. |
| Traffic | Drop-off and pick-up, buses, deliveries and on-site vehicles. |
| Psychosocial | Workload and stress, bullying, and exposure to distressing situations. |
EOTC is the most scrutinised area in the sector, because the consequences when it goes wrong are severe — WorkSafe has prosecuted school boards following deaths on school trips. A camp or activity almost always involves more than one PCBU: the board and the camp or activity provider both have duties, and they must consult, co-operate and co-ordinate. Plan each activity, assess the risks, use competent providers, set supervision ratios, brief volunteers, and have emergency plans that everyone understands.
Schools and services must give workers a say in health and safety through health and safety representatives and, where appropriate, committees. Boards are also responsible for managing and reporting injuries, illnesses and notifiable events, and for the health and safety of contractors they engage. See HSRs and worker participation and notifiable events.
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The board is the PCBU and holds the primary duty of care for workers, students and visitors. The principal and staff are workers, and board members are officers with a personal due-diligence duty.
Yes. A school must ensure, so far as is reasonably practicable, that students and other people are not put at risk by the work of the school, alongside its duty to workers.
Members appointed or elected under the Education and Training Act 2020 do not commit an offence for failing their personal due-diligence duty, but the board itself, as the PCBU, can be prosecuted under the HSWA.
Parents and caregivers helping with EOTC, fairs and similar one-off activities are generally treated as casual volunteers. They have their own duty to take reasonable care, and the school still owes duties in relation to the activity.
Camps and EOTC usually involve several PCBUs, so the board and the providers must consult, co-operate and co-ordinate. Plan and assess each activity, use competent providers, set supervision ratios and have clear emergency plans.
