Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 16

16. (1) An employer must take all reasonably practicable steps to protect the
health and safety at work of the employer's employees.
Penalty: in the case of a Government business enterprise - $100,000.

(2) Without limiting the generality of subsection (1), an employer contravenes
that subsection if the employer fails to take all reasonably practicable
steps:

   (a)  to provide and maintain a working environment (including plant and
        systems of work):

        (i)    that is safe for the employer's employees and without risk to
               their health; and

        (ii)   that provides adequate facilities for their welfare at work;
               and

   (b)  in relation to any workplace under the employer's control, to:

        (i)    ensure the workplace is safe for the employees and without risk
               to their health; and

        (ii)   provide and maintain a means of access to, and egress from, the
               workplace that is safe for the employees and without risk to
               their health; and

   (c)  to ensure the safety at work of, and the absence of risks at work to
        the health of, the employees in connection with the use, handling,
        storage or transport of plant or of substances; and

   (d)  to develop, in consultation with any involved unions in relation to
        the employees of the employer, and with such other persons as the
        employer considers appropriate, a policy, relating to occupational
        health and safety, that will:

        (i)    enable effective co-operation between the employer and the
               employees in promoting and developing measures to ensure the
               employees' health, safety and welfare at work; and

        (ii)   provide adequate mechanisms for reviewing the effectiveness of
               the measures; and

   (e)  to provide to the employees, in appropriate languages, the
        information, instruction, training and supervision necessary to enable
        them to perform their work in a manner that is safe and without risk
        to their health.

(3) A policy relating to occupational health and safety of the kind referred
to in paragraph (2) (d) that is developed in consultation with involved unions
must provide for the making of an agreement between the employer and such
involved unions that:

   (a)  provides appropriate mechanisms for continuing consultation, between
        the employer, such involved unions and the employees, on occupational
        health and safety matters; and

   (b)  provides for such other matters (if any) as are agreed between the
        employer and such involved unions.

(4) The obligations of an employer in respect of the employer's employees that
are set out in subsections (1) and (2) apply also in respect of persons who
are contractors of that employer but only in relation to:

   (a)  matters over which the employer has control; or

   (b)  matters over which the employer would have had control but for an
        express provision in an agreement made by the employer with such a
        contractor to the contrary, being matters over which the employer
        would, in the circumstances, usually be expected to have had control.

(5) Without limiting the generality of subsection (1) insofar as that section
applies in relation to an employer's employees, the employer contravenes that
subsection if the employer fails to take all reasonably practicable steps:

   (a)  to take appropriate action to monitor the employees' health and safety
        at work, and the conditions of the workplaces under the employer's
        control; or

   (b)  to maintain appropriate information and records relating to the
        employees' health and safety; or

   (c)  to provide appropriate medical and first aid services for the
        employees.