7.7       Work Experience

Work experience has become an essential element of several courses, notably LCVP, TYP, LCA and PLC. Work experience, generally, includes work shadowing and work simulation. Work experience, in its basic form, means that a student actually works in a place of employment, usually under the guidance and supervision of a mentor. This type of assignment is designed to give the student insight into the particular work and into the nature of formal employment.

The various versions of work experience raise a considerable range of issues for a Board of Management. The issues arising include the following.

Liability for injury to Students in the Work‑place

If a student suffers injury in the workplace during a work experience assignment there are several possibilities about liability.

The employer has a duty of care to employees and visitors. That duty arises from several sources, including common law and statute law. If an employer is remiss in keeping the place of work free from hazards, clearly s/he is responsible for any injury that may be suffered as a result of her/his negligence. The employer’s liability, however, may be indemnified by the Board of Management in accordance with the terms outlined by the Department of Education and Skills concerning insurance arrangements for pupils on work experience modules in Community and Comprehensive Schools (See Appendix 5).

The school, in placing the student with an employer, has a responsibility to ensure that the student is not placed at risk. In the event of an injury, which could give rise to a claim, it is possible that the Board of Management may be sued. The indemnity provided by the State, in lieu of insurance, and the Work Experience Insurance referred to in Appendix 5, covers the Board, provided the Board or its agents had not been reckless in placing the student in the employment in the first place.

A court of law would expect a school to take reasonable precautions, as a prudent parent would, to ensure that a student is not exposed to peril or hazard.

Students who wish to gain work experience on construction sites are obliged to have the “Safe Pass” certificate. To achieve this, students must be 16 years of age and must take a training programme organised by FÁS. Boards of Management may arrange for this training programme by an accredited tutor. The costs associated with the tutor and the Safe Pass training programme may be met from the school’s No.1 Account in respect of the work experience element of courses offered by the school. Details may be obtained from FÁS or from ACCS.

Product Liability

If a mini-company in a school produces merchandise which is defective, and which might cause injury, there may be a product liability accruing to the Board of Management. If the product is food, a claim relating to food poisoning could arise. If the product is an item of hardware or a toy, claims could arise in relation to dangerous parts or defective construction.

Clearly, no producer of goods for sale can entirely prevent or forestall claims for injury arising from defects in goods. However, it is important that schools are aware of potential liabilities and that good standards of quality control are in place to reduce the risk of injury to any purchaser, consumer or user of school produced goods.