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
- To provide and maintain so far as reasonably practicable .... a working environment that is safe and without risk to health.
(without in any way limiting part 1) the employer must:
- provide and maintain (so far as reasonably practicable) safe plant (machinery, tools) and systems of work
- ensure that (so far as reasonably practicable) the use, handling, storage & transport of plant and substances (chemicals) is safe & without risks to health
- ensure that (so far as reasonably practicable) the workplace under his control is safe and without risks to health
- provide adequate facilities (washrooms, toilets, lockers, dining areas, first aid, etc) again, so far as reasonably practicable
- 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