Part 6 — Legal duties and further information

Legal duties

The Occupational Health and Safety Act 2004 (OHS Act) requires all employers to provide and maintain a working environment that is safe and without risks to health. This duty is to be met so far as is reasonably practicable.

The OHS Act requires employers and self-employed individuals to ensure a working environment is safe and without risks to health, including proactively managing slips, trips and falls hazards. This involves identifying hazards, assessing and controlling risks, and implementing preventative measures so far as is reasonably practicable.

View more information about the OHS Act and Regulations.

Employers

Under the OHS Act and Regulations, employers have a primary duty to ensure the health and safety of their employees and others at the workplace, so far as is reasonably practicable. This includes providing a safe working environment, safe machinery and equipment, safe systems of work, and appropriate information, instruction, training, and supervision.

Self-employed people

Under the OHS Act, self-employed people have a primary duty to ensure, so far as is reasonably practicable, that persons are not exposed to risks to their health or safety arising from the conduct of their undertaking. This duty extends to protecting not only themselves but also others who may be affected by their work, such as customers, suppliers, visitors, and the public.

People with management or control of workplaces

Under OHS Act, people with management or control of a workplace have a primary duty to ensure the workplace and its entry/exit points are safe and without risks to health, so far as is reasonably practicable. This duty includes providing and maintaining safe plant and equipment, safe systems of work, adequate welfare facilities, and necessary information, instruction, training, and supervision for employees.

Employees

Under OHS Act, employees have several key duties to ensure their own health and safety and that of others, including taking reasonable care for themselves and others, cooperating with their employer on OHS matters, and not misusing or interfering with anything provided for OHS.

Consultation

Under the OHS Act, employers in Victoria have a duty to consult with employees and any elected Health and Safety Representatives (HSRs) on matters that affect, or are likely to affect, their health and safety.

Involving employees in health and safety issues results in a safer workplace. You get input on hazards, risks and solutions from people who understand and do the work. Being involved in making decisions gives people a stronger commitment to their implementation. Communicating on health and safety can also build co-operation and trust between employers and employees.

View more on the WorkSafe website about why consultation is essential.