VO

MR plays an important role in the further opening of secondary education

The cabinet believes that the XNUMX meter distance between pupils in secondary education can be eliminated. However, this poses risks for the staff. The MR plays an important role in the question of whether - and how - schools can continue to open safely.

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The OMT has advised the cabinet that - under strict conditions - the distance rule between students in secondary education can be abandoned. Based on this advice, the cabinet has decided that schools can fully reopen from 31 May.

However, the OMT advice is very cautious. It says many clusters of infections have been reported since the reopening of secondary education in March - up to 60 in April. Teachers were also affected in XNUMX percent of those clusters. The further opening of secondary education can lead to a significant increase in the number of infections, according to the OMT.

According to the Working Conditions Act, every employer must assess the risks to the health of employees and consult with the (P) MR

According to the OMT, an 'active testing policy' should be pursued in schools to prevent infections from recurring. All students must then conduct a self-test under supervision twice a week. Students who test positive are immediately quarantined.

Self test

This condition of the OMT means that the school must ensure that the students actually carry out the self-test twice a week. The Ministry of Education, Culture and Science wants the students to do the self-tests at home. However, it is expected that only a limited number of students will follow this up. Self-tests are also only performed on a voluntary basis.

Only in the case of a source of infection will tests be carried out at school, with the involvement of the GGD. But even then, testing remains voluntary.

Working Conditions Act

The minister has announced that the schools will in principle be fully open from 7 June. But it does allow for customization and schools are not held to the impossible. The Working Conditions Act (Arbowet) is important here. This law obliges every employer to ensure the safety of employees and to take all necessary measures to this end. This can therefore mean that a school can only partially open.

Risks

Pursuant to the Working Conditions Act, every employer must assess the risks to the health of employees in a new situation and consult the (P)MR or at a vo/mbo school about the necessary measures: Works Council. The participation council can pay attention to a number of important points in this regard. As:

- How will the school ensure that the students are actually tested twice a week?

- And how does the school ensure that the one and a half meter distance rule between students and staff will also be enforced in the future? This also depends on the actual housing situation of the school (including the corridors and classrooms).

- Do the students keep a distance of one and a half meters from the staff and do they comply with the mask obligation outside the classrooms?

- Is the ventilation in order? Because according to the RIVM, contamination can also take place via aerosols under certain circumstances. Particularly in areas where there is little or no ventilation and/or many people are together, especially for a longer period of time. Does the ventilation in all rooms meet the standards?

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In recent weeks, many secondary school colleagues have expressed serious concerns about their safety should the school reopen fully without proper measures.

Because of the situation that has now arisen, the education unions see AOb, CNV, Fvov, FNV Education and LIA are forced to do so appoint their members on their right to use the interrupt work. There also is a roadmap (the step-by-step plan has been renewed on Sunday morning!). The unions also call on anyone who is concerned about their own safety to enter into a dialogue with the employer, where possible collectively.

Right of consent

Both the PMR and the MR as a whole have a right of consent for most measures that are necessary for a safe further opening of education.

- When it comes to the safety of teaching staff (Working Conditions Act), the PMR has the right of consent pursuant to Article 12 of the WMS.

- If the safety of the pupils is also a concern, which is often the case, then the right of consent of the entire council also applies (Article 10 of the WMS). In those cases, the MR as a whole, but also the PMR separately, must agree to the measures.

- In the case of measures that only relate to the safety of the students, this is a decision 'not falling within the competence of the staff section', and only the right of consent of the MR as a whole is involved.

Advice

Our advice to the (P) MR is: check with the teaching staff to what extent the school can be opened further and whether additional measures are needed. Discuss this with the school management. In principle, the (P) MR must have agreed to these measures (or to the decision that no further measures are required) before the school can be fully resumed. Where necessary, the (P) MR can also file a report with the Inspectorate SZW (formerly the Labor Inspectorate). See also the AObguide 'Covid-19 and safe education'.

 

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