Risk Management Advisories
CHILD CARE CENTRES IN SCHOOLS
Focus on...
- Maintenance activities must be logged.
Liability Responsibilities
The Ministry of Community & Social Services and the Ministry of Education
and Training have a partnership for Child Care Centres in schools. Under this
partnership school boards lease space for a Child Care Facility to Child Care
Professionals who operate the Centre independently of the school.
As joint occupiers of the school premises, both parties have a responsibility
under the Education Act and the Occupier's Liability Act to ensure that persons
entering on the premises are reasonably safe while on the premises.
As the owner of the premises, the school board has a responsibility to maintain
its buildings and grounds in good condition to prevent accidents from occurring.
Your OSBIE policy extends coverage to the board as "landlord", and
protects the board from suits arising from Occupiers' Liability issues related
to the maintenance of the premises.
The operator of the Child Care Centre also has a responsibility to provide
liability insurance for claims that might arise out of their activities as supervisors
and administrators of the Centre and as occupiers of the leased premises. School
boards should assure themselves that the operators of Child Care facilities
have adequate liability insurance for their operations, (minimum $2 million
suggested). Boards should be named as an additional insured under the tenant's
liability insurance as part of the lease arrangements.
In terms of risk management, school boards should recognize the increased exposure
of having young children on the premises and adults coming onto school property
daily to deliver and pick up their children 12 months of the year. A large number
of the claims OSBIE has paid to date have been as a result of adults slipping
and falling on school property. To reduce the risk of injury, school boards
should ensure that all walkways, driveways and parking lots are properly maintained
on a year-round basis by school and/or child care centre custodial staff. It
is essential also that maintenance is conducted prior to the early-morning arrival
of parents dropping of children and late afternoon pick-up of children at the
Child Care Centre. The lease agreement should clearly designate responsibility
for daily maintenance.
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