Teaching in unsafe labs a ‘legal risk’
Barrister Oliver Mahon, who specialises in education law, said science labs are among the most common parts of a school where injuries to students lead to legal action.
His comments were made as relations between the Department of Education and secondary teachers’ union ASTI worsened over an order to their members not to teach a new syllabus for Junior Certificate science. ASTI leaders insist the matter is a health and safety issue, because most school labs are not properly equipped for the dozens of experiments children must conduct. But Education Minister Noel Dempsey interprets it as industrial action and has warned that pay rises for members could be at risk if the leadership directive is not withdrawn.
Mr Mahon said, while there is not a high risk of an accident every time students enter a lab, it stands to reason that children face greater risks if they do more experiments.
“It’s well established that some subjects present much higher risks to students than others. Science and chemistry are among them, because there are naked flames on bunsen burners, acids, glass vessels, use of electricity and other kinds of equipment,” he said.
“Teachers themselves can and have been sued over accidents in labs, although the school board is more likely to face legal action since changes under the Education Act in 1998,” said Mr Mahon.
ASTI president Pat Cahill said the last thing teachers want is to be sued for trying to teach in labs they think are unsafe.
“This is strictly a health and safety issue, not industrial action, because children have to do 30 experiments using gas, sharp instruments, glass and other such things. The resources have to be in place for this to be done safely,” he said.
The union’s standing committee, which issued the directive to science teachers last week, meets this morning to decide whether they should withdraw it as Mr Dempsey has asked. However, sources suggested last night that internal rules could make it more difficult for the decision to be reversed.
Mr Cahill said the Government should act on a task force report produced last year recommending upgraded labs and technicians for every school before any new science course is introduced.
However, the chair of that group, Dr Danny O’Hare, said this week that the new syllabus should be taught in schools which have suitable labs and equipment.
Employers’ organisation IBEC called on the Government to withhold benchmarking pay increases for teachers who refused to implement the new syllabus, sparking anger from ASTI leaders.
