OHS Act
As an OHS Rep, I offer the following; (apologies to those that have been to the OH&S training and can recite these paragraphs verbatim)
21. Duties of employers to employees
(1) An employer must, so far as is reasonably practicable, provide and
maintain for employees of the employer a working environment that is safe and
without risks to health.
Penalty: 1800 penalty units for a natural person; 9000 penalty units for a
body corporate.
(2) Without limiting subsection (1), an employer contravenes that subsection
if the employer fails to do any of the following-
(a) provide or maintain plant or systems of work that are, so far as is
reasonably practicable, safe and without risks to health;
(b) make arrangements for ensuring, so far as is reasonably practicable,
safety and the absence of risks to health in connection with the use,
handling, storage or transport of plant or substances;
(c) maintain, so far as is reasonably practicable, each workplace under
the employer's management and control in a condition that is safe and
without risks to health;
(d) provide, so far as is reasonably practicable, adequate facilities for
the welfare of employees at any workplace under the management and
control of the employer;
(e) provide such information, instruction, training or supervision to
employees of the employer as is necessary to enable those persons to
perform their work in a way that is safe and without risks to health.
It really boils down to this,
1. Was there previously a hazard identified, and if so..
2. Was a risk assessment undertaken?
3. Where appropriate control measures in place?
4. Was the employee executing their duty in relation to Section 25 of the OH&S Act?
I will paste section 25 hereunder. For what it is worth, my own opinion in relation to this particular case is reserved as I would need to be right accross all the particulars.
I am not an advocate of suing or the "yank" way of doing things. I am in favour of reporting of potential risks to safety, employers and employees consulting to ensure a workplace is as safe and comfortable as possible.
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.