Source: WorkSafe Victoria
This week Steve Darnley of WorkSafe's
Construction Unit writes about the health and
safety duties that employees have to other
people... and the consequences of ignoring
these responsibilities.
After a recent prosecution of a mobile plant
operator who did not take reasonable care of
the health and safety of another person, I feel
it's an opportune time to remind employees of
their duties under occupational health and
safety laws.
Breaches of employee duties are indictable
offences that have significant penalties
attached, including fines and/or a criminal
conviction. Currently, one penalty unit is
$144.36. This means that a maximum fine can add
up to almost $260,000.
The relevant section of the OHS Act is listed
below:
Division 4 - Duties of employees
25. Duties of employees
(1) While at work, an employee must -
(a) take reasonable care for his or her own
health and safety; and
(b) take reasonable care for the health and
safety of persons who may be affected by the
employee's acts or omissions at a workplace;
and
(c) co-operate with his or her employer with
respect to any action taken by the employer to
comply with a requirement imposed by or under
this Act or the regulations.
Penalty: 1800 penalty units.
(2) While at work, an employee must not
intentionally or recklessly interfere with or
misuse anything provided at the workplace in
the interests of health, safety or welfare.
Penalty: 1800 penalty units.
(3) In determining for the purposes of
subsection (1) (a) or (b) whether an employee
failed to take reasonable care, regard must be
had to what the employee knew about the
relevant circumstances.
(4) An offence against subsection (1) or (2)
is an indictable offence.
Note - However, the offence may be heard and
determined summarily (see section 28 of the
Criminal Procedure Act 2009).
Remember, consider the impacts of your actions
on other people and don't put anyone (including
yourself) at risk.
Most of the time when short cuts are taken,
the consequences are relatively minor - like
being yelled at by the builder or the health
and safety bloke. But if a worker or member of
the public is hurt or killed as a result of a
decision you have made or action you have (or
haven't) taken, then the penalties will be
stronger than a telling off.
Have a safe fortnight,
Steve Darnley
WorkSafe Construction Unit
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