The duty of employers is the broad duty of care under common law. Each case involves examining circumstances such as the nature of thejob, skill levels required, tasks being performed.
There is a threefold division:
Duty to provide safe premises
duty to provide safe plant and equipment
duty to provide a safe work system
Courts base decisions on what a "reasonable" employer would have done.
Employees have a common law duty to carry out work in a skilful and competent manner and to exercise reasonable care. The extent of competence depends on the skill and expertise of the individual worker. Employees must display competence, care, obedience and good faith.
The duties of an employee safety representative are to represent the health and safety interests of employees, to encourage safe work practices, and to bring to the notice of employers any safety or health hazards.
OHS legislation at commonwealth and state levels codify these duties and impose penalties for breaches.
Trade unions take a strong interest in OHS issues and seek, through influencing state and federal legislation:
recognition of union-appointed OHS representatives and a definition of their rights and powers.
environmental and medical monitoring of workplaces
the right to see employers OHS policies (thus making sure the employers have one)
prevention policies in workplaces to minimise the risks of injury and disease.
Unions maintain the right to industrial action to ensure safe workplaces.
Neale Towart
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