1 Health of Educators Purpose To provide a policy on the health of staff to ensure the workplace remains safe and healthy for all stakeholders, including immunisation, accidents and injuries, pregnancy, medication, tobacco and other drugs. Objective To ensure that: Children are provided with protection from infection from educators at John Street; continuity of care; a safe and healthy environment in which to play and learn; and educators who are healthy and do not expose children to hazards. Families are provided with reassurance that health and safety standards are maintained to reduce the spread of infectious diseases, and feel confident that their child's health, wellbeing and development is assured, and that their children are safe. Educators are provided with a safe and healthy workplace; protection from infection; are kept up to date with information on best practice in minimising the risk of contracting contagious diseases and spreading infection to others; equity in continuing employment whilst pregnant; information about the health risks to themselves and their unborn child with support from the Board to continue to work in a safe and healthy environment; opportunity to return to flexible work hours; access to child care; clear guidelines about their responsibilities for occupational health and safety; and protection from injury or harm due to impairment through environmental tobacco, alcohol or drugs. The Board meet their obligations to ensure a safe and healthy workplace; promote minimising the risks of spreading infectious diseases through education and staff immunisation; have information about educators current immunisation status; know and understand current legislation and their responsibilities to pregnant employees; support employees to be up front and truthful about any difficulties they are experiencing so that issues can be addressed and their health and safety needs assured; support other staff to support pregnant employees; and reduce absenteeism due to accidents caused by alcohol or drug use.
2 Definitions Deleterious Substance any substance which could potentially be harmful, toxic, poisonous, or lethal in any circumstance. Scope of Policy This policy applies to all educators at John Street. Policy Statement John Street aims to minimise the risk of spreading infectious diseases by encouraging educators at occupational risk to obtain vaccinations as identified by the National Health and Medical Research Council in the most recent edition of Australian Immunisation Handbook. In addition to this, John Street will provide up to date information on both vaccine preventable and non-vaccine preventable diseases and safe work practices which will minimise the risk of acquiring and spreading infection. John Street is committed to providing a safe and healthy workplace for all employees including pregnant workers. We understand that pregnancy can bring many changes to women s ability to manage certain types of work, particularly in the later stages of their pregnancy. We will therefore work with all employees to negotiate a supportive working environment that will assist them to be healthy and productive members of the team. The Education and Care Services National Law specifies that educators/staff/nominated supervisors must not be affected by alcohol or drugs that adversely affect that person s ability to educate and care for children whilst on the premises when John Street is operating. Children that are being educated and cared for must be provided with an environment that is free from the use of tobacco, illicit drugs and alcohol. To meet its obligations under the National Law, and the Occupational Health and Safety Act 2004, John Street has adopted a smoke-free workplace policy that will eliminate smoking in the workplace and prevent exposure of children, families, educators and visitors to environmental tobacco smoke. John Street will also act promptly to remove any person considered to be affected by alcohol, illicit drugs or other potentially deleterious substance. Procedures All educators, students and volunteers (including contractors) within John Street have a right to a safe and healthy workplace, and have obligations under law to take reasonable care to protect themselves and others in the workplace.
3 Accidents & Injuries Any accident/injury occurring to a staff member while at work must be recorded in the staff accident book in the office. The accident must also be reported to the Director immediately. Illness and injury attributed to work may be covered by WorkCover. It is an employee's responsibility to complete the necessary WorkCover forms, accompanied by medical certificate. The First Aid Kit for John Street is mounted on the wall opposite the office windows. Staff must practice correct lifting techniques when picking up children and equipment, to prevent potential injury. See John Street s Occupational Health and Safety Policy for more information. Staff Illness It is recommended that all educators at John Street are fully immunised. As with children, staff are requested to stay at home if they have an infectious disease, diarrhea or vomiting. Exclusion periods will apply to staff with an infectious disease. Educators who contract a communicable disease will be excluded from the service until they are pronounced non-infectious by their General Practitioner. Immunisation The Education and Care Services National Law Act 2010 requires that the Board and the Director take reasonable care to protect children from foreseeable risk of infection. This responsibility is related to the immunisation of educators and other staff members, so that they do not themselves pose a risk to the infection of children. In recognition of duty of care responsibilities, educators will be required to complete an Immunisation Record and keep this up to date. This information will remain confidential and will be kept in the educator file at the place of employment. Educators are responsible for updating this record, as their immunisations are updated. The Board, through the Centre Director, will encourage those non immune educators to be vaccinated against: Hepatitis A MMR (Measles, Mumps and Rubella) - immunity to measles requires 2 doses of MMR and those born or since 1966 may not be immune Varicella (Chicken Pox)
4 Pertussis (Whooping Cough) immunity requires a Dtap booster. Anecdotal evidence suggests that educators/staff members assume they have lasting immunity from childhood immunisation/infection alone. The educator member will be responsible for the upfront costs associated with the visit to their local General Practitioner and the administration of any of the above vaccinations. Educators who do not take up the offer to have vaccinations will be required to sign a statement to this effect. Educators who contract a communicable disease will be excluded from the service until they are pronounced non-infectious by their General Practitioner. During outbreaks of measles and whooping cough non-immune educators will be excluded from the service for the period recommended by the National Health and Medical Research Council (NHMRC). The service will consult with the Victorian Government Health Department; North and West Metropolitan Regional Office (Fitzroy) when there is an outbreak of a vaccine-preventable disease (not just pertussis and measles) so that non-immune educators can be provided with chemoprophylaxis/vaccination if available (eg NHIG or hepatitis A vaccine during a hepatitis A outbreak). Specific extra procedures will be put in place for: non-immune educators during outbreaks of other vaccine-preventable diseases such as rubella, Hepatitis A and varicella (e.g. adoption of hygiene practices, work restrictions (if relevant) during an outbreak at the service, referral for chemoprophylaxis/vaccination (if available) during an outbreak children during such outbreaks if educators do not receive dtpa (e.g work restrictions on working with infants). Educators with an immune deficiency or receiving medical treatment that causes immunosuppression, such as chemotherapy, will be excluded from the centre on full pay during outbreaks of measles, whooping cough or chicken pox for the recommended period. Confirmation of the staff member s medical condition is required from their General Practitioner or Specialist Physician. Educators are required to inform the Director as soon as possible if they are pregnant, and follow procedures as outlined in John Street s Heath of Staff policy (this document). Vaccine-preventable diseases that pose risks to: non immune pregnant educators are varicella and rubella the reproductive health of non-immune male educators/staff members is mumps. All educators will be provided with up to date information about vaccine preventable diseases. Educators will be kept up to date with information available on minimising the risks of spreading infectious diseases through, fact sheets, brochures and information obtained from recognised authorities and other reliable resources.
5 Educators will be made aware of their responsibilities through the induction process and educator/staff handbooks. All educators and staff are responsible for following the Health and Hygiene procedures and practices to minimising the risk of spreading infection. Educators must take responsibility for following all hygiene policies and procedures outlined in the service policy manual and the Australian Government publication, Staying Healthy in Child Care. The Board, through the Director, will be responsible for providing fact sheets on the following diseases and making these available at the service for educators and families: Vaccine Preventable Diseases Hepatitis A, B, Measles Mumps Rubella Pertussis (Whooping Cough) Varicella (Chicken Pox) Non- Vaccine Preventable Diseases Cytomegalovirus (CMV) Human Immunodeficiency Virus (HIV) Parvovirus B19 Hepatitis C Pregnancy The Fair Work Act 2009 and Paid Parental Leave Scheme establish that employees are entitled to both paid and unpaid parental leave, flexible working arrangements to help to balance work and family responsibilities and protection from discrimination due to their pregnancy or family responsibilities including breastfeeding/expressing. Occupational Safety & Health John Street considers that any workplace hazard for pregnant educators may also be a hazard for other educators. Therefore procedures to reduce risk of injury or ill health will be discussed with all educators in accordance with John Street s Occupational Safety & Health policy. Where there is an identifiable risk associated with a pregnant educator s work, the Director will consult with the educator to examine how the work can be modified to eliminate or minimise the risk. The Board will maintain current information about their occupational health and safety responsibilities to their educators and where practicable, maintain a safe workplace for all educators. The Board, through the Director, will keep an Immunisation Record of current immunisations for all educators employed at the service. In regard to infectious diseases, the Board, through the Director, will alert all educators to the potential risks to health that may arise through their employment at John Street. Female
6 educators will be advised they should have their immunity to Rubella, Measles, Chicken Pox and Cytomegalovirus (CMV) infections tested well before planning pregnancy. An educator can be immunised against Rubella before pregnancy although care should be taken not to fall pregnant within three months of immunisation. As there is no immunisation against CMV, should an educator who is planning pregnancy be found to be seronegative (non-immune), they should discuss this with the Director and health professional to identify measures that will minimise any risk potential during pregnancy. This will include increased vigilance in ensuring universal hygiene procedures are followed. Employee Responsibilities It is necessary that educators inform the Board, through the Director, of their pregnancy as early as possible so that any potentially adverse risks can be averted and alternative arrangements made if necessary. Pregnant educators have an obligation to inform the Board, through the Director, in writing of the expected date of birth and the intention to take parental leave including the dates on which the educator wishes to start and finish the leave. A doctor s certificate confirming the pregnancy and expected date of birth is required to prove entitlement to take parental leave. If the educator wishes to continue working past 6 weeks prior to the expected date of birth, they are required to provide a doctor s certificate confirming they are fit, and able to continue to work. The Board requires that pregnant educators raise any difficulties that they are experiencing in regard to performing their duties at John Street so that potential risks to health can be avoided and quality child care maintained. Educators have a responsibility under the Occupational Health & Safety Act 2004 to take reasonable care to protect themselves (and others) in the workplace. This includes co operating with the Board on health and safety matters, such as taking appropriate precautions to avoid health risks during pregnancy. Industrial Issues The Board, through the Director, will maintain current information about their industrial responsibilities to their employees included in the Fair Work Act 2009, the relevant industrial award, and will be registered with Centrelink for the Paid Parental Leave Scheme. The Board, through the Director, will ensure that all educators are made aware of their legal right to paid and unpaid parental leave during orientation to their position, and/or at the time the educator advises of their pregnancy.
7 Managing the work environment John Street will be as flexible as possible, within the constraints of the program, to ensure the special needs of pregnant educators are considered and options to address their needs implemented wherever possible. This may include all or some of the following, depending on the specific needs of the individual: Review the educator s duties and negotiate alternative duties where this is necessary and possible in consideration of operational and other educator s needs. Review work practices in conjunction with the team of educators at John Street, to address specific issues for pregnant employees, for example: o manual handling aids or support from other educators; o ability to set up heavy or awkward equipment; o appropriate seating; o toilet breaks; o heat intolerance; o and review aspects of universal hygiene procedures Ensure all educators are supported by another educator in line with John Street policies and procedures confirming the pregnant employee is always supported by another educator and protected from aggressive actions when dealing with distressed children or difficult behaviours. Seek the co operation of the educators to be flexible and supportive of the pregnant educator. Review rosters to accommodate health issues such as morning sickness, increased fatigue, ante-natal visits, doctor s appointments etc. The Board, through the Director, will support liaison with medical Practitioners by providing a Pregnant Employee Medical Information Sheet, detailing the educator s duties, to assist the medical practitioner to assess the pregnant educator s fitness for work and consideration of alternative duties where applicable. Returning to work after Maternity Leave Educators returning to work after the birth of their child will not be discriminated against in regard accessing education and care for their child within John Street, or breastfeeding/expressing. To ensure the professional integrity of John Street, educators will not work in the same room as their child where possible. Should issues arise in relation to caring for an educator s child at John Street, the options for a change in care arrangements will be discussed with the educator, with the aim of reaching an agreed resolution. The Director will support the returning employee to settle back into the work environment and have concern for their physical and emotional wellbeing.
8 In the interests of maintaining a supportive and healthy workplace, and to encourage employees to return to work after parental leave, thus maintaining continuity of care for children, the employer will, where practicable, offer flexible work hours to the employee on their return to work. More information on leave entitlements (including returning to work) is provided in John Street s staffing policy on wages and conditions. Tobacco, Alcohol and other drugs Both adults and children at John Street are entitled to be protected from the effects of environmental tobacco smoke, and the actions of people under the influence of alcohol or other drugs. Educators with health issues that require on-going medications/drugs, may need special consideration in relation to this policy: The use of tobacco, alcohol and other drugs will be highlighted to all educators during their orientation to John Street when first employed, and educators will be regularly reminded during meetings, or though staff room notices that they must not smoke in the buildings or outdoor play areas, or report to work if they are impaired from the use of drugs or alcohol as this will compromise their duty of care to children, and their work colleagues. Educators will be provided with access to resources that explain the risk to occupational health and safety that environmental tobacco smoke in the workplace and the consumption of alcohol or other drugs poses, and the legislative provisions banning these activities in the workplace. No smoking signs are displayed at the entrances (foyer) and throughout the premises to alert educators, visitors entering John Street and the community, to the no-smoking policy. Smoking is not permitted at functions such as professional meetings, parent information session, social/community evenings, in-service training sessions etc. held at John Street. Use of medication, alcohol or other drugs Educators must notify the Director of any changes or additional to any personal medication requirements. This is to ensure the safety of the educator and their co-workers in the event that they have an adverse reaction to the medication being taken. This includes all over the counter medication as well as prescription medication. Educators must not use recreational drugs or consume alcohol for a minimum of 8 hours before their shift beginning.
9 If the Director suspects an educator of being impaired from alcohol or other drugs during their shift they will immediately consult with the educators to identify the extent of the problem and allow the educator to respond to any issues. If another educator suspects a colleague of being impaired from alcohol or other drugs they should immediately report their concerns to the Director. If after the educator concerned admits to being impaired from alcohol or other drugs. The educators will be warned that their behaviour was unacceptable and that a repeat will be seriously dealt with, and they will be instructed to leave the workplace immediately. If the educator does not admit to being impaired from alcohol or other drugs, but the Director believes that their behaviour and responses to questions indicates otherwise, this will be explained to the educator and one of the following options will be implemented depending on the specific situation: o The educator will be asked to undergo an alcohol or drug test o The educator will be allocated duties which do not require contact with enrolled children o The educator will be required to leave the workplace. *Where a positive test result is received, the employee will be warned that their behaviour was unacceptable and that a repeat will be considered to be serious misconduct and will be handled in line with standard grievance procedures. Supporting employees to better health: John Street will encourage, support and assist educators who wish to give up smoking where practicable. Where the educator has a specific problem that is contributing to their behaviour, John Street will support them through some or all of the following means: o Suggesting the educator contact their personal doctor for initial assessment and treatment, and helping the educator locate a doctor if they do not have one. o Identifying community based organisations, including those of a medical and nonmedical nature, and self-help groups that may be useful to educators in dealing with their alcohol or drug-related problems, and refer the educator to those organisations. o Identify professionals and services which specialise in the counselling, treatment and rehabilitation of alcohol and drug-related problems in the community. The level of support that John Street is able to provide to educators in this situation will be dependent upon: o The seriousness of the educator s actions o The educator s length of service and past record o John Street s ability to provide support.
10 Maintaining a safe premises Any further incident in which the educator is found smoking (as per guidelines), or impaired from alcohol or other drugs during their work with children will be considered to be serious misconduct and will be handled in line with standard grievance procedures. General Information Paid Parental Leave Scheme The Paid Parental Leave scheme is a new entitlement for working parents of children born or adopted from 1 January 2011. Parental Leave Pay is available to working parents who meet the eligibility criteria. Eligible working parents can get 18 weeks of government funded Parental Leave Pay at the rate of the National Minimum Wage. To find out more about the Paid Parental Leave scheme and Parental Leave Pay, visit www.familyassist.gov.au or phone the Family Assistance Office on 13 61 50. Responsibility It is the responsibility of the Board, the Director and all educators at John Street to ensure that these policy and procedures are actively implemented. Legislative Provisions Education and Care Services National Law Act Sections 3 (2)(a); 3 (3)(f); 167 Education and Care Services National Regulations: R. 77 Health, Hygiene and Safe Food Practices R. 82 Tobacco, drug and alcohol-free environment R. 83 Staff members and family day care educators not to be affected by alcohol or drugs R. 88 Infectious Diseases R.168 Education and Care Service must have policies and procedures National Quality Standard for Early Childhood Education and Care & School Age Care Element 2.1.3 Element 2.1.4 Element 2.3.1 Effective hygiene practices are promoted and implemented Steps are taken to control the spread of infectious diseases and to manage injuries and illness, in accordance with recognized guidelines Children are adequately supervised at all times
11 Element 2.3.2 Element 2.3.3 Element 7.3.5 Every reasonable precaution is taken to protect children from harm and any hazard likely to cause injury Plans to effectively manage incident and emergencies are developed in consultation with relevant authorities, practices and implemented Service practices are based on effectively documented policies and procedures that are available at the service and reviewed regularly. Background Legislation Occupational Health & Safety Act 2004 OH&S Regulations 2007 Victorian Workcover Authority Risk Management Fair Work Act 2009 (Cth.) National Employment Standards Information Privacy Act 2000 (Vic) Management of personal information A New Tax System Act 2000 (Cth.) Family Assistance Administration Health Records Act 2001 (Vic) Confidentiality & Management of Records Sources National Health and Medical Research Council. (2005) Staying Healthy in Child care. Preventing infectious diseases in child care.. 4 th ed. 2005. NHMRC Publications Unit. Available on line. http://www.nhmrc.gov.au/publications/synopses/_files/ch43.pdf Royal Children s Hospital. Melbourne. Centre for Community Child Health (2004). Childcare and Children s Health - Stress Management for Carers of Young Children. Retrieved June 2012 from http://www.rch.org.au/emplibrary/ecconnections/cch_vol7_no6_december2004.pdf National Health & Medical Research Council Immunisation Handbook, 9 th Edition (2008) Retrieved June 2012 from http://www.health.gov.au/internet/immunise/publishing.nsf/content/handbook-home National Professional Support Coordinator Alliance (2012) Getting started with policies for the NQF: Policies in Practice template Managing Pregnancy within childcare/use of Tobacco, Alcohol and other drugs/staff immunization Accessed February 2012 from www.pscalliance.gov.au Victorian Government Department of Health www.health.vic.gov.au North and West Metropolitan Region 145 Smith Street, Fitzroy 3065 VIC Telephone: 1300 360 408 Related John Street Policies, Procedures and Guidelines Policies Appendices Accident, Injury, Trauma & Administration of First Aid; Occupational Health & Safety; Delivery & Collection of Children; Immunisation; Establishing a Protective Care Environment; Illness & Infection Control; Nutrition, Special Dietary Requirements, Food Safety & Hygiene; Providing a Child Safe Environment; Dealing with Medial Conditions & Medication; Sun Smart; Payment of Wages & Conditions; Recruitment & Retention of Educators; Smoke-Free Environment; Immunisation; Supervision of Children; Establishing a Protective Care Environment; Emergency & Evacuation; Excursions; Hazard Report; Accident Plan; Accident/Ilnness/Trauma Report for children, educators & visitors; Action Plans & Risk Minimisation Plans for Anaphylaxis/Asthma/Diabetes; Safety
12 Guidelines Checklist; Professional Development Plan; Pregnant Employee Medical Information Sheet; Educators choosing not to Immunise; Immunisation Record; John Street s Occupational Health & Safety Handbook available in the administration office Authorisation & Review The Board, through the Centre Director, will ensure that the health of educators is a priority for John Street, to work towards ensuring high quality education and care through quality, healthy educators, with provisions in place to manage lifestyle choices and complications. The review and development of policies and procedures will be completed by the Grants and Policy subcommittee of the Board, in collaboration with the Centre Director. In accordance with R. 172 of the Education and Care Services National Regulations, John Street will ensure that families of children enrolled at John Street are notified at least 14 days before making any change to a policy or procedure that may have a significant impact on John Street s provision of education and care to any child enrolled at John Street, or a family s ability to utilise John Street; or the fees charged or the way in which fees are collected. To ensure that that John Street is compliant, and maintains collaborative approaches with the community, John Street will notify all families of children enrolled at least 14 days before making ANY policy change, unless this time period would pose risk to the safety, health or wellbeing of any child enrolled in John Street, in which case John Street will act to adjust any policies and/or procedures to ensure the safety, health and wellbeing of all children, and will notify families as soon as practicable after making the necessary change(s). The Board authorises this policy and welcomes the opportunity to discuss any aspect with stakeholders. We appreciate your support while we strive to provide a quality education and care service for children and families in our community. Date approved: Signed: Date Reviewed Details of Change Date of next Review September 2009 September 2011 August 2011 August 2012 February 2012 Complete redevelopment; to include immunizations, pregnancy, medication, tobacco, alcohol and other drugs, National Law and regulatory requirements. March 2014