Duty to report a child in need of protection
(See also chapter on Protecting Students at Risk and the Ontario College of Teachers' Professional Advisory - Duty to Report https://www.oct.ca/resources/advisories/duty-to-report). A principal is accountable for reporting a reasonable suspicion that a child may be in need of protection as described in the Child and Family Services Act and relevant board policies.
- Duty to report applies to all professionals working with children
- Report must be made forthwith
- Any further information received by the principal must also be reported forthwith
- Report must include identifying information and details of the allegations
- On-going duty to report additional reasonable grounds
- Report must be made directly to the Children’s Aid Society. A person cannot rely on another person to make a report on his or her behalf
- Do not do informal CAS "consults" – refer to chapter Protecting Our Students. Educators’ statutory obligations to report suspicions of children in need of protection based upon reasonable grounds, directly and personally, no longer leave room for the historical process of consultations. There are some school boards in the province that continue to follow policies that make reference to a "consult" process. These policies should be reviewed with both local CAS agencies and school principals. When in doubt, the best course of action is a formal report by an educator to the local CAS that a child is in need of protection.
- Negative finding: Provincial offences, fines up to $50,000 for failure to execute duties under the Child & Family Services Act.
Occupational Health and Safety Act
The Occupational Health and Safety Act (OHSA) aims to protect workers against health and safety hazards at work. The OHSA imposes a general duty on employers to take all reasonable precautions to protect the health and safety of the workers. The OHSA also imposes a duty on supervisors to take every reasonable precaution to protect workers and a duty on workers to work safely. A principal has the duties of a supervisor and a worker under the OHSA.
A workplace supervisor’s duties under the OHSA include:
- ensuring that a worker (e.g. teachers, educational assistants) comply with the OHSA and regulations
- ensuring that workers use or wear any equipment, protective device or clothing required by the employer
- advising a worker of any potential or actual health or safety dangers known by the supervisor
- providing a worker with written instructions about the measures and procedures to be taken for the worker’s protection (if prescribed)
- taking every precaution reasonable in the circumstances for the protection of workers.
A worker’s duties under the OHSA include:
- working in compliance with the OHSA and regulations
- using or wearing any equipment, protective devices or clothing required by the employer
- reporting to his or her employer or supervisor the absence of or defect in any equipment or protective device that may be dangerous
- reporting any known workplace hazard to the employer or supervisor
- not removing or making ineffective any protective device required by the regulations or by the employer
- not using or operating any equipment in a dangerous manner
- not engaging in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.
In December 2009, the OHSA was amended to require the following:
- An employer must prepare a policy regarding workplace violence and harassment and review the policy at least annually
- An employer must develop and maintain a program to implement the policy regarding workplace violence
- An employer must conduct risk assessments of workplace violence
- If an employer (or supervisor) becomes aware or ought to reasonably be aware, that domestic violence would likely expose a worker to physical injury, the employer must take every reasonable precaution to protect the worker
- An employer (or supervisor) has a duty to disclose information to a worker, including personal information, related to a risk of workplace violence from a person with a history of violent behaviour if:
– the worker can be expected to encounter that person at work; and – the risk of workplace violence is likely to expose the worker to physical injury.
Every person who contravenes or fails to comply with the OHSA or regulations is guilty of an offence and on conviction, is liable to a fine of up to $25,000 and/or to imprisonment for up to 12 months.