Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) An employer must, in respect of each employee employed 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, must –
(a) provide and maintain so far as is reasonably practicable –
(i) a safe working environment; and
(ii) safe systems of work; and
(iii) plant and substances in a safe condition; and
(b) provide facilities of a prescribed kind for the welfare of employees at any workplace that is under the control or management of the employer; and
(c) provide any information, instruction, training and supervision reasonably necessary to ensure that each employee is safe from injury and risks to health.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 1 500 penalty units; or
(b) a natural person, a fine not exceeding 500 penalty units.
(2) Without limiting subsection (1), an employer must so far as is reasonably practicable –
(a) if hazards exist and have been identified to the employer, in writing, by the Director, monitor the health of employees in their employment with the employer to ensure the prevention of work-related injuries and illnesses; and
(b) keep records relating to work-related injuries and illnesses suffered by employees in their employment with the employer and retain those records for such period as is 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 of the employer who is to undertake work of a hazardous nature, which, to the employer's knowledge, the employee has not previously performed, receives proper information, instruction and training before the employee commences that work; and
(e) ensure that any employee of the employer who is inexperienced in the performance of any work receives such supervision as is reasonably necessary to ensure the employee's health and safety; and
(f) ensure that any employee of the employer 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 the employee's health and safety; and
(g) ensure that any responsible officer, manager or supervisor appointed by the employer is provided with any information, instruction and training reasonably necessary to ensure that each employee under his or her management or supervision is, while at work, safe from injury and risks to health; and
(h) monitor working conditions at any workplace that is under the control or management 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 control or management of the employer, either wholly or substantially, is maintained in a safe and healthy condition.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 1 500 penalty units; or
(b) a natural person, a fine not exceeding 500 penalty units.
(3) An employer must ensure so far as is reasonably practicable that the health and safety of any person, other than an employee of the employer or a contractor or any person employed or engaged by a contractor, is not adversely affected as a result of the work carried on at a workplace.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 1 500 penalty units; or
(b) a natural person, a fine not exceeding 500 penalty units.
(4) Any employer who exercises, or is in a position to exercise, management or control over a workplace must ensure that, so far as is reasonably practicable, any person at that workplace is safe from injury and risks to health.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 1 500 penalty units; or
(b) a natural person, a fine not exceeding 500 penalty units.
(5) An employer must not allow a contractor engaged by the employer or any person employed or engaged by that contractor to carry on work for the employer at the employer's workplace in a manner which the employer reasonably believes would place at risk the health or safety of any person.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 1 500 penalty units; or
(b) a natural person, a fine not exceeding 500 penalty units.
(6) At any workplace under the control or management of a person who is a principal but is not an employer, that person must comply with subsections (4) and (5) as if that person were an employer.
(7) Nothing in subsection (4) or (5) limits the duties of a contractor, specified in subsections (1), (2), (3) and (8), to any persons employed or engaged by the contractor or affected by the work which the contractor or any person employed or engaged by the contractor is carrying on.
(8) An employer or a principal who is not an employer must so far as is reasonably practicable –
(a) ensure that visitors to a workplace which is under the employer's or principal's control or management are aware of the health and safety requirements relevant to such visitors and that they comply with those requirements; and
(b) remove a visitor who fails to comply with any health and safety requirements relevant to visitors to the workplace.
Penalty:
In the case of –(a) a body corporate, a fine not exceeding 100 penalty units; or
(b) a natural person, a fine not exceeding 20 penalty units.