A breach of regulations 3.1.1, 3.1.2 or 3.1.3 of the Occupational Health and Safety Regulations 2007 (Vic) confers a private right of action upon an injured worker, notwithstanding the Act compliance note mechanism introduced by reg 1.1.7, because those regulations were made under both paragraphs (a) and (b) of s 158(1) of the Occupational Health and Safety Act 2004 and neither the Act nor the Regulations evince a contrary intention sufficient to displace the long-standing presumption. An employer's non-delegable duty of care extends to the methods and equipment used by an employee, not merely the tasks assigned, and the employer cannot discharge that duty by leaving equipment selection and work methods to the employee. Where a party adopts facts underlying expert evidence in cross-examination without seeking a s 136 limitation, it cannot subsequently challenge those facts.
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