The consequences Duty of Care

People don't appreciate that, as an employee, they have certain

If you fail to meet your duties as an employee, you are
liable to a fine of up to $10,000.
If this failure results in the death or serious injury to
another person, you are liable to a fine of up to
$20,000.
If employers fail to meet their duties, they are liable to a
fine of up to $100,000.
If this failure results in death or serious injury, they are
liable to a fine of up to $200,000.
legal obligations with regard to their own safety and the safety of
other people in their workplace.
A failure to recognise and meet these legal obligations can result
in:
• injury or harm to yourself;
• injury or harm to other people; and
• you being prosecuted.
This sheet outlines the basic requirements of Duty of Care. Keep
it in your glove box, tool box or folder.

Employee Employer
duties duties

In order to provide and maintain a safe place of work for all

concerned, employees and employers have legal duties to
Occupational safety legislation operates in the same fashion as
carry out.
other aspects of the law. Ignorance of the law is no defence for
committing an offence. Like a coin, the Duty of Care requires two sides in order to be
of value.
The employee’s duties The employer’s duties
Provide employees with adequate information,
Follow the employer’s instructions. instructions, training and supervision.

Correctly use the Personal Protective Equipment Consult and co-operate with elected safety and health
and clothing provided. representatives.

Do not misuse or deliberately damage any safety Provide employees with adequate Personal Protective
equipment. Equipment.

Report all hazards that you are unable to fix Report all accidents involving fatal or major injuries to the
yourself. relevant State Government Safety Inspectorate.

Report any injury or harm to your health. Ensure the safe use of plant and substances in the
work place.

Co-operate with the employer.

To provide and maintain safe workplaces, plant
and systems of work.