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Duty of Care

Duty of Care 1
by

Fluro Training

on 20 October 2014

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Transcript of Duty of Care

Refers to the duties that the OHS Act places upon people to ensure their safety in the workplace.
In a large workplace there could be many contractors and sub-contractors, and the legal relationships may become very complex
It is aimed at preventing workplace injury or illness.
designers manufacturers & suppliers
Duties are expressed in broad terms, reflecting that a ‘duty of care’ is owed in law by one person to another
The duty of care provisions of the Act are the starting point from which all other safety and health measures begin.
General duties of care apply to all employment relationships, including:
Where a person uses a contractor to carry out work, that person then has duties to the contractor and the contractors' employees.
Employers
employees
self-employed people
people in control of the workplace
contractors
subcontractors
labour hire arrangements
For example:
• An employer must, as far as practicable, provide a work environment in which employees are not exposed to hazards
• Employees must take reasonable care for their own safety and health, and that of others
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Duty of Care
• An employer must, as far as practicable, provide a work environment in which employees are not exposed to hazards
• Employees must take reasonable care for their own safety and health, and that of others
However, the duty of care relationships remain the same.
Who has a Duty of Care?
Duty of care.... we all have one
Duty of Care
lets look at what this means for each of us
Employers must provide and maintain a working environment where employees are not exposed to hazards.
Consult and cooperate with Health & Safety Representatives and other employees regarding health and safety.
what does this mean exactly?
An employer must:

Provide safe systems of work.

Provide personal protective equipment and clothing to protect against hazards that cannot otherwise be eliminated.
Provide information, instruction, training and supervision to enable workers to perform their jobs safely.
Ensure the safe use of plant, such as equipment & machinery.
Ensure the safe use and handling of hazardous substances.
Ensure other people are not harmed by the work undertaken by the employees.
There are many people working on a construction site who are all trying to get their job done.
Duty of Care
Employees must ensure their own health and safety at work and avoid harming the health and safety of others in the workplace.
Cooperate with the employer in regard to health and safety.
what does this mean exactly?
An employee must:
Follow the employer’s health and safety instructions.

Use personal protective equipment and clothing.
Use and and maintain safety equipment.
Report hazards that the employee is unable to correct.
Report work-related injuries or harm to health.
Ensure other people are not harmed by the work undertaken by the employees.
Duty of Care
who is this?
This is not necessarily an employer, but someone who is directing or controlling the worksite. This may be someone who has the authority to specify requirements for plant and materials or to determine work practices, systems of work and measures to address health and safety issues on site.
People who have, to any extent, control of a workplace must ensure that the workplace is safe so that people may enter, leave and use the workplace without exposure to hazards.
Test & examine plant to ensure safe design and construction.
of plant, equipment & facilities at the workplace.
Duty of Care
must...
Ensure plant is erected and installed so it can be used safely.
Ensure the design and construction of plant, buildings and structures is such that people are not exposed to hazards.
Ensure adequate information is provided about the dangers, specifications & maintenance requirements of the plant.
Ensure toxicological information is available for the safe use and handling of hazardous substances supplied.
as your Duty of Care, it is essential that you do everything reasonably practicable to protect yourself and others from harm.
Full transcript