Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_15
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 15
Character Range: 2219522–2221796

15  Duties of persons in relation to occupational health and safety

Duties of person at a facility
 (1) A person at a facility must, at all times, take all reasonably practicable steps:
 (a) to ensure that the person does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the health or safety of that person or of any other person at or near the facility; and
 (b) in respect of any obligation imposed on the operator or on any other person by or under a listed OHS law—to cooperate with the operator or that other person to the extent necessary to enable the operator or that other person to fulfil that obligation; and
 (c) to use equipment that is:
 (i) supplied to the person by the operator, an employer of the person or any other person having control of work at a facility (the equipment supplier); and
 (ii) necessary to protect the health and safety of the person, or of any other person at or near the facility;
  in accordance with any instructions given by the equipment supplier, consistent with the safe and proper use of the equipment.
Note: Breach of a requirement under this subclause is an offence: see Division 1A.

Agreements
 (3) Despite subclause (1), the choice or manner of use of equipment of the kind referred to in subparagraph (1)(c)(ii) is a matter that may be, consistently with each listed OHS law:
 (a) agreed on between the equipment supplier and any relevant health and safety representative; or
 (b) agreed on by a health and safety committee.
 (4) If an agreement of the kind referred to in paragraph (3)(a) or (b) provides a process for choosing equipment of a particular kind that is to be provided by the equipment supplier, action must not be taken against a person for failure to use equipment of that kind that is so provided unless the equipment has been chosen in accordance with that process.
 (5) If an agreement of the kind referred to in paragraph (3)(a) or (b) provides a process for determining the manner of use of equipment of a particular kind, action must not be taken against a person for failure to use, in the manner required by the equipment supplier, equipment of that kind that is so provided unless the manner has been determined in accordance with that process.