Section 28(1) of the Workplace Health and Safety Act 1995 (Qld) creates a civil cause of action for employees injured at work by their employer's failure to ensure workplace health and safety. The defences in ss 26 and 37 are available in civil proceedings as well as prosecutions, except for s 37(2) which is limited to criminal proceedings. For low-risk manual handling tasks, an employer may discharge its obligation through informal but adequate systems without formal compliance with the Code of Practice for Manual Handling, provided the system gives the same level of protection as the Code's recommended practices. The question of interaction between the Workplace Health and Safety Act and the WorkCover Queensland Act 1996 was expressly left open.
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