3Duties of operator

#### 3 Duties of operator (1) The operator of a facility must take all reasonably practicable steps to ensure that: (a) the facility is safe and without risk to the health of any person at or near the facility; and (b) 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. Penalty: 1,000 penalty units. (2) Without limiting the generality of subclause (1), the operator of a facility must: (a) provide and maintain a physical environment at the facility that is safe and without risk to health; and (b) provide and maintain adequate facilities for the welfare of all members of the workforce at the facility; and (c) ensure that any plant, equipment, materials and substances at the facility are safe and without risk to health; and (d) implement and maintain systems of work at the facility that are safe and without risk to health; and (e) implement and maintain appropriate procedures and equipment for the control of, and response to, emergencies at the facility; and (f) 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 health and safety of persons at the facility; and (g) monitor the health and safety of all members of the workforce and keep records of that monitoring; and (h) provide appropriate medical and first aid services at the facility; and (i) develop, in consultation with members of the workforce and any workforce representatives, a policy, relating to occupational health and safety, that will: (i) enable the operator and the members of the workforce to cooperate effectively in promoting and developing measures to ensure the occupational health and safety of persons at the facility; and (ii) provide adequate mechanisms for reviewing the effectiveness of the measures. Penalty: 1,000 penalty units. (3) Paragraph (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. (4) A policy relating to occupational health and safety referred to in paragraph (2)(i) that is developed in consultation with members of the workforce and one or more workforce representatives must provide for the making of an agreement between: (a) on the one hand—the operator; and (b) on the other hand: (i) the members of the workforce; and (ii) 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—that workforce representative; that: (c) provides appropriate mechanisms for continuing consultation between the parties to the agreement; and (d) provides for such other matters (if any) as are agreed between the parties to the agreement.