Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_11
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 11
Character Range: 2204196–2206416

11  Duties of employers

General duties in relation to employees
 (1) An employer must take all reasonably practicable steps to protect the health and safety of employees at a facility.
Note 1: See also clause 16.
Note 2: Breach of a requirement under this subclause is an offence: see Division 1A.

Specific duties in relation to employees
 (2) An employer 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 working environment that is safe for employees and without risk to their health;
 (b) to take all reasonably practicable steps to ensure that any plant, equipment, materials and substances used in connection with the employees' work are safe and without risk to health;
 (c) to take all reasonably practicable steps to implement and maintain systems of work that are safe and without risk to health;
 (d) to take all reasonably practicable steps to provide a means of access to, and egress from, the employees' work location that is safe and without risk to health;
 (e) to take all reasonably practicable steps to provide the employees, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their work in a manner that is safe and without risk to health.
 (3) An employer is taken to be subject, under subclause (1), to each of the following requirements:
 (a) to take all reasonably practicable steps to monitor the health and safety of employees;
 (b) to take all reasonably practicable steps to keep records of that monitoring.
 (4) Subclauses (2) and (3) do not limit subclause (1).

Duties in relation to contractors
 (6) A person has, in relation to a contractor of that person, the same obligations that an employer has under subclauses (1) and (2) in relation to an employee of that employer, but only in relation to:
 (a) matters over which the first‑mentioned person has control; or
 (b) matters over which:
 (i) the first‑mentioned person would have had control apart from express provision to the contrary in a contract; and
 (ii) the first‑mentioned person would, in the circumstances, usually be expected to have had control.