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Work Health and Safety (National Uniform Legislation) Act 2011
19Primary duty of care
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19 Primary duty of care
(1) A person conducting a business or undertaking must ensure, so far
as is reasonably practicable, the health and safety of:
(a) workers engaged, or caused to be engaged, by the person;
and
(b) workers whose activities in carrying out work are influenced or
directed by the person;
while the workers are at work in the business or undertaking.
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(2) A person conducting a business or undertaking must ensure, so far
as is reasonably practicable, that the health and safety of other
persons is not put at risk from work carried out as part of the
conduct of the business or undertaking.
(3) Without limiting subsections (1) and (2), a person conducting a
business or undertaking must ensure, so far as is reasonably
practicable:
(a) the provision and maintenance of a work environment without
risks to health and safety; and
(b) the provision and maintenance of safe plant and structures;
and
(c) the provision and maintenance of safe systems of work; and
(d) the safe use, handling and storage of plant, structures and
substances; and
(e) the provision of adequate facilities for the welfare at work of
workers in carrying out work for the business or undertaking,
including ensuring access to those facilities; and
(f) the provision of any information, training, instruction or
supervision that is necessary to protect all persons from risks
to their health and safety arising from work carried out as part
of the conduct of the business or undertaking; and
(g) that the health of workers and the conditions at the workplace
are monitored for the purpose of preventing illness or injury of
workers arising from the conduct of the business or
(4) If:
(a) a worker occupies accommodation that is owned by, or under
the management or control of, the person conducting the
business or undertaking; and
(b) the occupancy is necessary for the purposes of the worker's
engagement because other accommodation is not reasonably
available;
the person conducting the business or undertaking must, so far as
is reasonably practicable, maintain the premises so that the worker
occupying the premises is not exposed to risks to health and safety.
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(5) A self-employed person must ensure, so far as is reasonably
practicable, his or her own health and safety while at work.
A self-employed person is also a person conducting a business or undertaking
for the purposes of this section.