Duties of persons in relation to occupational health and safety
13 Duties of persons in relation to occupational health and safety
A person at a facility must, at all times, take all reasonably practicable steps—
to ensure the person does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the occupational health and safety of the person or of another person at or near the facility; and
in relation to any obligation imposed on the operator or on another person by or under a listed OHS law, to co-operate with the operator or the other person to the extent necessary to enable the operator or the other person to fulfil the obligation; and
to use prescribed equipment in accordance with any instructions given by the equipment supplier, consistent with the safe and proper use of the equipment.
Maximum penalty—75 penalty units.
Despite subsection (1), the choice or manner of use, or choice and manner of use, of prescribed equipment of the kind mentioned in subsection (5), definition prescribed equipment, paragraph (b), is a matter that may be, consistently with each listed OHS law—
agreed on between the equipment supplier and any relevant health and safety representative; or
agreed on by a health and safety committee.
If an agreement of the kind mentioned in subsection (2)(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 the equipment unless the equipment has been chosen in accordance with that process.
If an agreement of the kind mentioned in subsection (2)(a) or (b) provides a process for deciding the manner of use of equipment of a particular kind, action must not be taken against a person for failure to use the equipment in the manner required by the equipment supplier unless the manner has been decided in accordance with that process.
In this section—
prescribed equipment means equipment that is—
supplied to the person by the operator, an employer of the person or another person having control of work at a facility (the equipment supplier); and
necessary to protect the occupational health and safety of the person, or of another person at or near the facility.
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