Suitability of ways to eliminate or reduce the hazard

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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 the employer a working environment that is safe and without risks to health.” See for coverage of other relationships ss 24-31 Penalty is 1800 penalty units for a person, 9000 for a corp. One penalty unit is $140.84 this financial year OH&S Act, s 21(2) (2) Without limiting subsection (1), an employer contravenes that subsection if the employer fails to do any of the following- (a) provide or maintain plant or systems of work that 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 of risks to health in connection with the use, handling, storage or transport of plant or substances ; (c) maintain, so far as is reasonably practicable, each workplace under the employer's management and control in a condition that is safe and without risks to health; (d) provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at 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 view to ensuring that the hopper door would automatically close and remain closed when the discharge door was open. When the machine 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 production and the conveyor belt had been pushed aside, leaving the hopper door unguarded . On that day a fourth year apprentice, Robert Mark Everest, was employed to modify the machine's pneumatic system so as to override the electrical modifications and allow the hopper door to be manually operated . This work was to be effected at or on a control panel near the machine. It did not require work at, in, or upon the machine itself. Mr Everest apparently had occasion to go to the machine for he was fatally injured when the hopper door closed, trapping the upper part of his body 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 the employee's acts or omissions at a workplace; and Downloaded by MusicPop World ([email protected]) lOMoARcPSD|7573151
(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.

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