Canadian Safety Reporter

2 Canadian HR Reporter, a Thomson Reuters business 2017 CSR | January 2017 | News class size at 26, in the agree- ment between the school board and the teachers' union. How- ever, for shop classes such as the teacher's, the student limit was set at 22 students per class. A Department of Education spokesperson informed shop teachers that if they didn't accept the number of students assigned to them, they would lose their shop classes. The teacher felt threatened by this, as he felt he was the guardian of students in his class and was responsible for their safety. As the supervisor in the room, he felt it was his call on whether a situation was unsafe, and class sizes were getting too big to be safe. Shop teacher felt more than 15 students was hazardous In early 2016, the teacher refused to work with students using hand tools and machines in a class that included 17 students. He mea- sured the metals and wood shop floor areas and, based on recom- mendations and his experience, he determined that he should have no more than 15 students per class — with an allowance for one additional co-op stu- dent. He argued that adolescent students were prone to act in an unplanned manner, which could create hazardous situations — not to mention the variables involved if a class contained stu- dents with learning or attention deficit issues. He also pointed out that students were not employ- ees and were therefore exempt from the province's Occupation- al Health and Safety Act. A health and safety officer visited the classroom on Jan. 5, 2016, and determined that the teacher didn't have reasonable grounds to refuse work. The offi- cer cited the limit of 22 students and noted the teacher had an EA to help with the supervision. The New Brunswick Workplace Health, Safety and Compen- sation Commission (WHSC) chief compliance officer upheld the investigating officer's report three days later. The chief compliance officer found that occupational health and safety legislation in New Brunswick didn't refer to class sizes in school shop classes, so the school board's recommenda- tion of 22 students was the only authority. It also referred to an October 2015 health and safety report by a school-based com- mittee that examined the metal and wood shop and found 18-22 students was a reasonable class size, given that there were "two sets of eyes" between the teacher and the EA. The report also sug- gested that new instructional practices may be necessary so not all students needed the same tools at the same time, institut- ing a buddy system for students, and moving some tables and ma- chinery around. The teacher appealed, arguing the collective agreement provi- sion on class sizes didn't specifi- cally deal with shop classes and had nothing to do with creating a safe environment. He also ar- gued that the limit of 22 students was arbitrary and should only be used if sufficient space was avail- able and students didn't need as- sistance from an EA. He cited a best practices guide for British Columbia technology education that referred to class size and minimum shop working area. The teacher also noted the EA wasn't a fully qualified instructor and he was also responsible for the EA's safety in addition to that of the students. In addition, the teacher said the October 2015 report was based on a walk-through of the shop by the committee outside of class hours and didn't provide an accurate view of the actual class time with regards to the space and noise involved when class was in session. And be- cause the students weren't em- ployees, their lack of knowledge and experience placed them and the teacher in greater danger, he claimed. No evidence of unsafe conditions The tribunal found that students were at the teacher's place of em- ployment for a purpose in con- nection to his employment, so they fell within the meaning of "employee" under New Bruns- wick's act and were therefore subject to it. However, there was no legislation governing class sizes with regards to shop class safety. The tribunal noted that the B.C. best practices guide to which the teacher referred was just that — best practices — and didn't constitute a hard maxi- mum that must be followed. While the teacher may take "a great deal of pride in providing a meaningful teaching experience and a clear respect for safety," the tribunal denied his appeal, determining that the October 2015 report stating that 22 stu- dents or less was manageable in the shop. In addition, the tribu- nal found the teacher presented no evidence that a class size be- tween 16 and 22 presented any particular danger, other than his own opinion. "While it is obvious that the teaching experience will suf- fer, it was apparent from the (teacher's) testimony that less hands-on experience and more classroom time will ensure the safety of the students," said the tribunal. "While students might not like less hands-on training, the issue before me concerns whether the Jan. 8, 2016, deci- sion should be overturned." For more information see: • Decision No. 20168017 (Aug. 31, 2016), J. Wheely — Chair- person (N.B. Workers' Com- pensation Appeals Trib.). Shop < pg. 1 Teacher concerned with unpredictability of students Credit: Shutterstock/Michael Woodruff

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