'n Model vir die sorgsame toesighoudingsopdrag van die skoolwerkwinkelopvoeder

Abstract

Workshop educators have a legal duty with regard to health and safety in the school workshop for the protection of the learners in their care. It is expected of the workshop educators to look after the learners placed in their care as a conscientious and solicitous parent would. The workshop educator's discretion and conduct should always be based on predictable and preventable action. Because learners cannot possibly have the discernment of adults concerning more or less dangerous situations, the workshop educator should make provision for this possibility in the health and safety management of the school workshop. Common law principles such as duty of care, predictability and preventability, in addition to requirements for delictual liability (an act, unlawfulness, fault, causality and damage) demarcate and elucidate the role of the workshop educator who is responsible for the safety management of the school workshop. Workshop educators should ascertain that they are familiar with all these principles. A literature survey was undertaken with regard to these matters. Although workshop educators are responsible for the health and safety of the learners in their care, the literature survey revealed that health and safety in workshops in general is addressed and made compulsory by legislation, but that the specific needs of the school workshop are not adequately addressed. The aims of the empirical research were to determine: • the functioning of health and safety management in the contemporary school workshop and • to what extent the workshop educator is equipped for his duty of care responsibility with regards to the health and safety of the learners placed in his care. Questions were asked on the knowledge and execution of health and safety rules laid down by legislation, as well as the knowledge and execution of safety rules which are not necessarily laid down by legislation. Questions on safety rules devised by the respondents to improve the health and safety in the school workshop were also included in the questionnaire. The empirical study lead to the following: • The respondents seemed to have a reasonable knowledge of general health and safety rules laid down by legislation but in questions asked to verify the above mentioned answers, it seemed that the respondents were in some cases ignorant about these health and safety rules. Some of the respondents seem to ignore the safety rules in the execution of the health and safety rules. • A small number of the respondents seem to have a good knowledge of health and safety rules which are not necessarily laid down by legislation. • Quite a number of the respondents reported health and safety rules specifically devised for school workshops by their respective schools. Specific recommendations have been made and a model for health and safety management in the school workshop has been devised. This model should lead to better health and safety management in the school workshop and should thus ensure a safer school workshop for learners.