Induction-SJLM-Workshop

Staff & Visitors must at all times, as a minimum, demonstrate compliance with Occupational Health and Safety Act 2011.

Part 2 Health and safety duties

13 Principles that apply to duties
This Subdivision sets out the principles that apply to all duties that persons have under this Act.
Note. The principles will apply to duties under this Part and other Parts of this Act such as duties relating to incident notification and consultation.
14 Duties not transferrable
A duty cannot be transferred to another person.
15 Person may have more than one duty
A person can have more than one duty by virtue of being in more than one class of duty holder.
16 More than one person can have a duty

1. More than one person can concurrently have the same duty.
2. Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.
3. If more than one person has a duty for the same matter, each person:
   • retains responsibility for the person’s duty in relation to the matter, and
   • must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.

17 Management of risks
A duty imposed on a person to ensure health and safety requires the person:

• to eliminate risks to health and safety, so far as is reasonably practicable, and
• if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.

Subdivision 2 What is reasonably practicable

18 What is “reasonably practicable” in ensuring health and safety
In this Act, reasonably practicable, in relation to a duty to ensure health and safety,  means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including:

• the likelihood of the hazard or the risk concerned occurring, and
• the degree of harm that might result from the hazard or the risk, and
• what the person concerned knows, or ought reasonably to know, about:
• the hazard or the risk, and
• ways of eliminating or minimising the risk, and
• the availability and suitability of ways to eliminate or minimise the risk, and

• after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Division 2 Primary duty of care

19 Primary duty of care

• A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of:
  • workers engaged, or caused to be engaged by the person, and
  • 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.
• 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.
• Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable:
  • the provision and maintenance of a work environment without risks to health and safety, and
  • the provision and maintenance of safe plant and structures, and
  • the provision and maintenance of safe systems of work, and
  • the safe use, handling, and storage of plant, structures, and substances, and
  • 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
  • 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
  • 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.

28 Duties of workers
While at work, a worker must:

• • take reasonable care for his or her own health and safety, and
  • take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and
  • 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
  • co-operate 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.

29 Duties of other persons at the workplace
A person at a workplace (whether or not the person has another duty under this Part) must:

• take reasonable care for his or her own health and safety, and

• • take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and
  • 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.