South Australian Consolidated Acts South Australian Consolidated Acts19—Duties of employers
(1) An employer must,
in respect of each employee employed or engaged by the employer, ensure so far
as is reasonably practicable that the employee is, while at work, safe from
injury and risks to health and, in particular—
(a) must
provide and maintain so far as is reasonably practicable—
(i)
a safe working environment;
(ii)
safe systems of work;
(iii)
plant and substances in a safe condition; and
(b) must
provide adequate facilities of a prescribed kind for the welfare of employees
at any workplace that is under the control and management of the employer; and
(c) must
provide such information, instruction, training and supervision as are
reasonably necessary to ensure that each employee is safe from injury and
risks to health.
Maximum penalty:
(a) for
a first offence—Division 2 fine;
(b) for
a subsequent offence—Division 1 fine.
(3) Without derogating
from the operation of subsection (1), an employer must so far as is
reasonably practicable—
(a)
monitor the health and welfare of the employer's employees in their employment
with the employer, insofar as that monitoring is relevant to the prevention of
work-related injuries; and
(b) keep
information and records relating to work-related injuries suffered by
employees in their employment with the employer and retain that information
and those records for such period as may be prescribed; and
(c)
provide information to the employer's employees (in such languages as are
appropriate) in relation to health, safety and welfare in the workplace
(including the names of persons to whom the employees may make inquiries and
complaints about matters affecting occupational health, safety or welfare);
and
(d)
ensure that any employee who is to undertake work of a hazardous nature not
previously performed by the employee receives proper information, instruction
and training before he or she commences that work; and
(da)
keep information and records relating to occupational health, safety or
welfare training undertaken by any of the employer's employees during their
employment with the employer; and
(e)
ensure that any employee who is inexperienced in the performance of any work
of a hazardous nature receives such supervision as is reasonably necessary to
ensure his or her health and safety; and
(f)
ensure that any employee who could be put at risk by a change in the
workplace, in any work or work practice, in any activity or process, or in any
plant—
(i)
is given proper information, instruction and training
before the change occurs; and
(ii)
receives such supervision as is reasonably necessary to
ensure his or her health and safety; and
(g)
ensure that any manager or supervisor is provided with such information,
instruction and training as are necessary to ensure that each employee under
his or her management or supervision is, while at work, so far as is
reasonably practicable, safe from injury and risks to health; and
(h)
monitor working conditions at any workplace that is under the management and
control of the employer; and
(i)
ensure that any accommodation, or eating, recreational or
other facility, provided for the benefit of the employer's employees while
they are at work, or in connection with the performance of their work, and
under the management or control of the employer (either wholly or
substantially), is maintained in a safe and healthy condition.