Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 21

21. (1) An employee must, at all times while at work, take all reasonably
practicable steps:

   (a)  to ensure that the employee does not take any action, or make any
        omission, that creates a risk, or increases an existing risk, to the
        health or safety of the employee, or of other persons (whether
        employees or not) at or near the place at which the employee is at
        work; and

   (b)  in respect of any duty or obligation imposed on the employee's
        employer, or on any other person, by or under this Act or the
        regulations, to co-operate with the employer, or that other person, to
        the extent necessary to enable the employer or other person to fulfil
        that duty or obligation; and

   (c)  to use equipment, in accordance with any instructions given by the
        employee's employer consistent with its safe and proper use, that is:

        (i)    supplied to the employee by the employer; and

        (ii)   necessary to protect the health and safety of the employee, or
               of other persons (whether employees or not) at or near the
               place at which the employee is at work.
Penalty: in the case of an employee who is employed by a Government business
enterprise - $5,000.

(2) Nothing in subsection (1) is to be taken to imply that the choice, or
manner of use, or choice and manner of use, of equipment of the kind referred
to in subparagraph (1) (c) (ii) is not a matter that may be, consistent with
the requirements of this Act and of the regulations:

   (a)  agreed on between the employer and any involved union in relation to
        the employees of that employer; or

   (b)  agreed on by a health and safety committee in respect of the employees
        of the employer.

(3) Where an agreement of the kind referred to in paragraph (2) (a) (whether
or not entered into before the commencement of this section) or of the kind
referred to in paragraph (2) (b) provides a process for choosing equipment of
a particular kind that is to be provided by the employer, action must not be
taken against an employee of the employer for failure to use equipment of that
kind that is so provided unless the equipment has been chosen in accordance
with that process.

(4) Where an agreement of the kind referred to in paragraph (2) (a) (whether
or not entered into before the commencement of this section) or of the kind
referred to in paragraph (2) (b) provides a process for determining the manner
of use of equipment of a particular kind, action must not be taken against an
employee of the employer for failure to use, in the manner required by the
employer, equipment of that kind that is so provided unless the manner has
been determined in accordance with that process.