Duty of Care

Duty of Care: 
The legal duty on the part of all employers, employees and others including contractors and consultants who have an influence on the potential hazards in a work site, which requires them to take reasonable care to protect the health and safety of others at the work site including road users who may be at a foreseeable risk of harm. - MRWA

The employer must address workplace hazards such as bullying, stress and fatigue.

2004 OHS Act Section 21: Duties of the employer

  1. To provide and maintain so far as reasonably practicable .... a working environment that is safe and without risk to health.
  2. (without in any way limiting part 1) the employer must:
    1. provide and maintain (so far as reasonably practicable)  safe plant (machinery, tools) and systems of work
    2. ensure that (so far as reasonably practicable) the use, handling, storage & transport of plant and substances (chemicals) is safe & without risks to health
    3. ensure that (so far as reasonably practicable) the workplace under his control is safe and without risks to health
    4. provide adequate facilities (washrooms, toilets, lockers, dining areas, first aid, etc) again, so far as reasonably practicable
    5. provide as much information, instruction, training and supervision to the workers so that they can work safely, etc NOTE - this is NOT qualified by 'so far as is reasonably practicable'. - ohsrep.org.au

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