The Work Health and Safety Act imposes Principles that apply to duties.
Duties not transferable, Person may have more than 1 duty, more than 1 person can have a duty, Management of risks (Eliminate, if not reasonably practicable then minimise risks)
Person conducting a business or undertaking (PCBU) Responsibility
1. must ensure, so far as is reasonably practicable, the health and safety of:
a. workers engaged, or caused to be engaged, by the person; and
b. workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking.
2. A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
3. Without limiting points (1) and (2) above, a person conducting a business or undertaking must ensure, so far as is reasonably practicable:
a. the provision and maintenance of a work environment without risks to health and safety; and
b. the provision and maintenance of safe plant and structures; and
c. the provision and maintenance of safe systems of work; and
d. the safe use, handling and storage of plant, structures and substances; and
e. the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and
f. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and
g. that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.
Duties of Workers
The employee has a responsibility to:
1. take reasonable care for the worker’s own health and safety; and avoid adversely affecting the safety of others
2. take reasonable care that the worker’s acts or omissions do not adversely affect the health and safety of other persons; and
3. comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and
4. cooperate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers
Duties of other persons at the workplace
A person at a workplace (whether or not the person has another duty under this Part) must
1. take reasonable care for the person’s own health and safety; and
2. take reasonable care that the person’s acts or omissions do not adversely affect the health and safety of other persons; and
3. comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person conducting the business or undertaking to comply with this Act.
Brian Bawdon
General Manager
