sec.305HContributory negligence

### sec.305H Contributory negligence A court may make a finding of contributory negligence if the worker relevantly— failed to comply, so far as was practicable, with instructions given by the worker’s employer for the health and safety of the worker or other persons; or failed at the material time to use, so far as was practicable, protective clothing and equipment provided, or provided for, by the worker’s employer, in a way in which the worker had been properly instructed to use them; or failed at the material time to use, so far as was practicable, anything provided that was designed to reduce the worker’s exposure to risk of injury; or inappropriately interfered with or misused something provided that was designed to reduce the worker’s exposure to risk of injury; or was adversely affected by the intentional consumption of a substance that induces impairment; or undertook an activity involving obvious risk or failed, at the material time, so far as was practicable, to take account of obvious risk; or failed, without reasonable excuse, to attend safety training organised by the worker’s employer that was conducted during normal working hours at which the information given would probably have enabled the worker to avoid, or minimise the effects of, the event resulting in the worker’s injury. Subsection (1) does not limit the discretion of a court to make a finding of contributory negligence in any other circumstances. Without limiting subsection (2) , subsection (1) (f) does not limit the discretion of a court to make a finding of contributory negligence if the worker— undertook an activity involving risk that was less than obvious; or failed, at the material time, so far as was practicable, to take account of risk that was less than obvious. s 305H (prev s 307) amd 2010 No. 24 s 22 (1) – (3) renum and reloc 2010 No. 24 s 22 (4) (sec.305H-ssec.1) A court may make a finding of contributory negligence if the worker relevantly— failed to comply, so far as was practicable, with instructions given by the worker’s employer for the health and safety of the worker or other persons; or failed at the material time to use, so far as was practicable, protective clothing and equipment provided, or provided for, by the worker’s employer, in a way in which the worker had been properly instructed to use them; or failed at the material time to use, so far as was practicable, anything provided that was designed to reduce the worker’s exposure to risk of injury; or inappropriately interfered with or misused something provided that was designed to reduce the worker’s exposure to risk of injury; or was adversely affected by the intentional consumption of a substance that induces impairment; or undertook an activity involving obvious risk or failed, at the material time, so far as was practicable, to take account of obvious risk; or failed, without reasonable excuse, to attend safety training organised by the worker’s employer that was conducted during normal working hours at which the information given would probably have enabled the worker to avoid, or minimise the effects of, the event resulting in the worker’s injury. (sec.305H-ssec.2) Subsection (1) does not limit the discretion of a court to make a finding of contributory negligence in any other circumstances. (sec.305H-ssec.3) Without limiting subsection (2) , subsection (1) (f) does not limit the discretion of a court to make a finding of contributory negligence if the worker— undertook an activity involving risk that was less than obvious; or failed, at the material time, so far as was practicable, to take account of risk that was less than obvious. - (a) failed to comply, so far as was practicable, with instructions given by the worker’s employer for the health and safety of the worker or other persons; or - (b) failed at the material time to use, so far as was practicable, protective clothing and equipment provided, or provided for, by the worker’s employer, in a way in which the worker had been properly instructed to use them; or - (c) failed at the material time to use, so far as was practicable, anything provided that was designed to reduce the worker’s exposure to risk of injury; or - (d) inappropriately interfered with or misused something provided that was designed to reduce the worker’s exposure to risk of injury; or - (e) was adversely affected by the intentional consumption of a substance that induces impairment; or - (f) undertook an activity involving obvious risk or failed, at the material time, so far as was practicable, to take account of obvious risk; or - (g) failed, without reasonable excuse, to attend safety training organised by the worker’s employer that was conducted during normal working hours at which the information given would probably have enabled the worker to avoid, or minimise the effects of, the event resulting in the worker’s injury. - (a) undertook an activity involving risk that was less than obvious; or - (b) failed, at the material time, so far as was practicable, to take account of risk that was less than obvious.