sec.305IMeaning of obvious risk for s 305H

### sec.305I Meaning of obvious risk for s 305H For section 305H , an obvious risk to a worker who sustains an injury is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of the worker. Obvious risks include risks that are patent or a matter of common knowledge. A risk of something occurring can be an obvious risk even though it has a low probability of occurring. A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable. To remove any doubt, it is declared that a risk from a thing, including a living thing, is not an obvious risk if the risk is created because of a failure on the part of a person to properly operate, maintain, replace, prepare or care for the thing, unless the failure itself is an obvious risk. s 305I ins 2010 No. 24 s 21 (sec.305I-ssec.1) For section 305H , an obvious risk to a worker who sustains an injury is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of the worker. (sec.305I-ssec.2) Obvious risks include risks that are patent or a matter of common knowledge. (sec.305I-ssec.3) A risk of something occurring can be an obvious risk even though it has a low probability of occurring. (sec.305I-ssec.4) A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable. (sec.305I-ssec.5) To remove any doubt, it is declared that a risk from a thing, including a living thing, is not an obvious risk if the risk is created because of a failure on the part of a person to properly operate, maintain, replace, prepare or care for the thing, unless the failure itself is an obvious risk.