Chapter heading 1

RECOMMENDATION 32

The duties of care should apply in relation to any reasonably foreseeable activity undertaken for the purpose for which the plant, structure or substance was intended to be used (e.g. construction, installation, use, maintenance or repair).

To whom should the duty of care be owed?

89. 
    The duty would be owed to any person who may use, or be affected by the use of, plant (its associated components), structures or substances. An example of the extent of the application of duties of this nature is the provision in the WA Act which refers to the specific persons who should not be exposed to hazards.²⁰⁹ The breadth of application is stated or implied in all other jurisdictions.