Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_9:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 9 (pt 1/2)
Character Range: 2198460–2201214

9  Duties of operator

General duties
 (1) The operator of a facility must take all reasonably practicable steps to ensure that:
 (a) the facility is safe and without risk to the health of any person at or near the facility; and
 (b) all work and other activities carried out on the facility are carried out in a manner that is safe and without risk to the health of any person at or near the facility.
Note 1: See also clause 16.
Note 2: Breach of a requirement under this subclause is an offence: see Division 1A.

Specific duties
 (2) The operator of a facility is taken to be subject, under subclause (1), to each of the following requirements:
 (a) to take all reasonably practicable steps to provide and maintain a physical environment at the facility that is safe and without risk to health;
 (b) to take all reasonably practicable steps to provide and maintain adequate facilities for the welfare of all members of the workforce at the facility;
 (c) to take all reasonably practicable steps to ensure that any plant, equipment, materials and substances at the facility are safe and without risk to health;
 (d) to take all reasonably practicable steps to implement and maintain systems of work at the facility that are safe and without risk to health;
 (e) to take all reasonably practicable steps to implement and maintain appropriate procedures and equipment for the control of, and response to, emergencies at the facility;
 (f) to take all reasonably practicable steps to provide all members of the workforce, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their activities in a manner that does not adversely affect the health and safety of persons at the facility;
 (g) to take all reasonably practicable steps to monitor the health and safety of all members of the workforce and keep records of that monitoring;
 (h) to take all reasonably practicable steps to provide appropriate medical and first aid services at the facility;
 (i) to take all reasonably practicable steps to develop, in consultation with:
 (i) members of the workforce; and
 (ii) if a member of the workforce at the facility has requested a workforce representative in relation to the member to be involved in those consultations—that workforce representative;
  a policy, relating to occupational health and safety, that:
 (iii) will enable the operator and the members of the workforce to cooperate effectively in promoting and developing measures to ensure the occupational health and safety of persons at the facility; and
 (iv) will provide adequate mechanisms for reviewing the effectiveness of the measures; and
 (v) provides for the making of an agreement that complies with subclauses (5)