Workplace Health and Safety
All employees working in Australia have workplace rights, including to minimum wages and conditions of employment. Everyone has the right to work in a safe environment, free from unlawful discrimination, bullying and harassment.
Educational providers are required by law to protect all staff, students and visitors from injuries and illness as per work, health and safety laws in each state and territory in Australia.1 The DDA does not set out explicitly how it relates to health and safety; however, the ability to work safely (i.e. without reasonable risk to others) is identified by the Australian Human Rights Commission as a requirement.3 The DDA does, however, identify that education and training providers are liable for the actions of employees and agents. Clear policies and effective staff training are key risk-minimisation strategies to reduce discrimination and harassment.
Research has clearly identified that disability does not pose an inherent safety risk2. The fact that a student or staff member has a disability does not excuse them from complying with reasonable application of reasonable rules.
Supporting students safely
Challenges for students often arise while students are undertaking work-integrated learning (WIL) or work placements. The provision of reasonable adjustments that students have in place for their studies would apply for practical activities such as WIL or work placements. A learning access plan would be devised between the student, the disability practitioner and other key stakeholders such as placement officers, on-site educational facilitators and workplace supervisors can ensure that reasonable adjustments are put in place.
In this section there are links to strategies for supporting students in a variety of locations and placement scenarios:
Consider the reasonable adjustments you may need to make for a workplace activity in the context of their indiviual needs and the type of disability they have. In other sections of the ADCET website there is additional information on reasonable adjustments and inclusive teaching strategies for specific disabilities.
Support for employers
How disability confident are the employers that you are working with? Many large employers who regularly support students in work placements may have their own disability awareness training opportunities
Further resources
Australian Human Rights Commission (AHRC), DDA. guide: Earning a living: https://humanrights.gov.au/our-work/disability-rights/dda-guide-earning-living
AHRC, Willing to Work: Good Practice Examples for Employers
https://humanrights.gov.au/our-work/disability-rights/publications/willing-work-good-practice-examples-employers-2016
AHRC, A brief guide to the Disability Discrimination Act https://humanrights.gov.au/our-work/disability-rights/brief-guide-disability-discrimination-act
AHRC, A guide for Employers https://humanrights.gov.au/education/employers
AHRC, Includability https://humanrights.gov.au/our-work/disability-rights/includeability-equality-work
References
1 Commonwealth of Australia (2013). WHS/OH&S Acts, Regulations and Codes of Practice. Accessed on 20 November 2014. Retrieved from https://business.gov.au/risk-management/health-and-safety/work-health-and-safety
2 Doyle, C. & Robson, K. 2002. Accessible Curricula: Good Practice for all. Cardiff: UWIC Press. Retrieved from http://www.adcet.edu.au/resource/5198/accessible-curricula-a-good-practice-guide/
3 Australian Human Rights Commission (n.d.). Employment and the Disability Discrimination Act. Part 1. Accessed on 19 November 2014. Retrieved from https://humanrights.gov.au/our-work/employment-standards-under-disability-discrimination-act-resource-paper