Duty Of Care
Many employers have some knowledge of the Duty of Care concept. But, this comes back to a realisation that the employer has to comply with certain NSW OHS Law obligations. But, more than this little is known or understood.
In fact this obligation is set down in Section 8 of the NSW OH & S Act. The section consists of 5 parts.
Perhaps the most important word in this section is the use of the word –“must” before the section lists the 5 mandatory compliance requirements. The word “must” means compliance is –mandatory- which in plain English means – compulsory.
Part one - (S.8.1.a) deals with access to all parts of the employer’s premises. This includes safe exit from all parts. This does NOT only mean the sites front gate but includes every place the employee is required to perform his/ her duties.
Part Two - (S.8.1.b) deals with only two items, namely, Plant and Substances. These words mean –for example: factory boilers, large scale machinery, and the like. While substances- includes for example: chemicals of every description including what are called Dangerous Goods for example: hydrocarbons – from ULP to diesel to solvents and on to two pack cans of paint.
The employer must comply with all of the Laws’ requirements in regard to both Plant and Hazardous Substances. More detail in regard to Plant and Hazardous Substances is to be found in main headings under the O H & S Regulations 2007.
Part Three - (S 8.1.c) refers to “systems of work “ and the” working environment” An example of the former would be a Safe Work Method ( SWM ) While the latter refers to all aspects regarding an employees work –station where there may be “hazards” of many types. These must be “controlled” by means of the Workcover NSW hierarchy of controls namely – elimination, substitution , isolation , engineering controls, administrative controls and lastly, in order of preference – PPE that is- Personal Protective Equipment.
Part Four - (S.8.1.d) refers to the employers duty to provide information instruction , training and supervision that will ensure the workers health and safety.
Part Five - (S 8.1.e) refers to providing adequate welfare facilities such as a canteen or equivalent, suitable individual clothes storage cabinets, a wash -room etc.
DUTY OF CARE - the above five parts - list all of the key points of the employers duty.
We can assist you develop for your business a Safety Management System that will encompass all of these key conformance requirements.