suitability of ways to eliminate or reduce the hazard or risk;”General Duty on an Employer ()OH&S Act, s 21(1)“An employer must, so far as is reasonably practicable, provide and maintain for employees of theemployer a working environment that is safeand without risks to health.”Seefor coverage of other relationshipsss 24-31Penalty is 1800 penalty units for a person, 9000 for a corp. One penalty unit is $140.84 thisfinancial yearOH&S Act, s 21(2)(2)Without limiting subsection (1), an employer contravenes that subsection if the employer fails todo any of the following-(a)provide or maintainplant or systems of workthat are, so far as is reasonably practicable,safe and without risks to health;(b)make arrangements for ensuring, so far as is reasonably practicable, safety and the absence ofrisks to health in connection withthe use, handling, storage or transport of plant orsubstances;(c)maintain, so far as is reasonably practicable,each workplace under the employer'smanagement and controlin a condition that is safe and without risks to health;(d)provide, so far as is reasonably practicable,adequatefacilities for the welfare of employeesat any workplace under the management and control of the employer;”(emphasis added)Chugg v Pacific Dunlop Ltd(1990) 170 CLR 249“The defendant is the occupier of a factory at Footscray in which there was, on 2 November 1985,a machine known as a Banbury Mill. The machine had a hopper intake door and a discharge door.Electrical modifications had been made to the machine with a viewto ensuring that the hopperdoor would automatically close and remain closedwhen the discharge door was open. When themachine was being used for production, a conveyor belt limited, but did not completely bar,access to the hopper door. On 2 November 1985 the machine was not being used for productionand theconveyor belt had been pushed aside, leaving the hopper door unguarded. On that day afourth year apprentice, Robert Mark Everest, was employed to modify the machine's pneumaticsystem so as to override the electrical modifications andallow the hopper door to be manuallyoperated. This work was to be effected at or on a control panel near the machine.It did notrequire work at, in, or upon the machine itself.Mr Everest apparently had occasion to go to themachine for he wasfatally injured when the hopper door closed,trapping the upper part of hisbody inside.”Duties of Employees ()OH&S Act, s 25(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 theemployee's acts or omissions at a workplace; andDownloaded by MusicPop World ([email protected])lOMoARcPSD|7573151
(c)co-operate with his or her employer with respect to any action taken by the employer tocomply with a requirement imposed by or under this Act or the regulations.