Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 25

Duties of employees

25. Duties of employees



(1) While at work, an employee must-

   (a)  take reasonable care for his or her own health and safety; and

   (b)  take reasonable care for the health and safety of persons who may be
        affected by the employee's acts or omissions at a workplace; and

   (c)  co-operate with his or her employer with respect to any action taken
        by the employer to comply with a requirement imposed by or under this
        Act or the regulations.

Penalty: 1800 penalty units.





(2) While at work, an employee must not intentionally or recklessly interfere
with or misuse anything provided at the workplace in the interests of health,
safety or welfare.

Penalty: 1800 penalty units.

(3) In determining for the purposes of subsection (1)(a) or (b) whether an
employee failed to take reasonable care, regard must be had to what the
employee knew about the relevant circumstances.

(4) An offence against subsection (1) or (2) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).

Division 5-Duties of other persons