Duties of operator
7 Duties of operator
The operator of a facility must take all reasonably practicable steps to ensure—
the facility is safe and without risk to the health of any person at or near the facility; and
all work and other activities carried out on the facility are carried out in a manner that is safe and without risk to the health of any person at or near the facility.
Maximum penalty—1470 penalty units.
Without limiting subsection (1), the operator of a facility must do each of the following—
provide and maintain a physical environment at the facility that is safe and without risk to health;
provide and maintain adequate facilities for the welfare of all members of the workforce at the facility;
ensure any plant, equipment, materials and substances at the facility are safe and without risk to health;
implement and maintain systems of work at the facility that are safe and without risk to health;
implement and maintain appropriate procedures and equipment for the control of, and response to, emergencies at the facility;
provide all members of the workforce, in appropriate languages, with the information, instruction, training and supervision necessary for them to carry out their activities in a manner that does not adversely affect the occupational health and safety of persons at the facility;
monitor the occupational health and safety of all members of the workforce and keep records of that monitoring;
provide appropriate medical and first aid services at the facility;
develop, in consultation with members of the workforce and workforce representatives, a policy relating to occupational health and safety that—
will enable the operator and the members of the workforce to co-operate effectively in promoting and developing measures to ensure the occupational health and safety of persons at the facility; and
will provide adequate mechanisms for reviewing the effectiveness of the measures; and
provides for the making of an agreement that complies with subsections (4) and (5).
Maximum penalty—1470 penalty units.
Subsection (2)(i) does not require the operator of a facility to engage in consultations with a workforce representative unless a member of the workforce at the facility has requested the workforce representative to be involved in those consultations.
The agreement mentioned in subsection (2)(i)(iii) must be between—
on the 1 hand—the operator; and
on the other hand—
the members of the workforce; and
if a member of the workforce at the facility has requested a workforce representative in relation to the member to be a party to that agreement—the workforce representative.
The agreement mentioned in subsection (2)(i)(iii) must provide appropriate mechanisms for continuing consultation between—
on the 1 hand—the operator; and
on the other hand—
the members of the workforce; and
if a member of the workforce at the facility has requested a workforce representative in relation to the member to be involved in consultations on a particular occasion—the workforce representative.
The agreement may provide for other matters agreed between the parties to it.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.