| RECOMMENDATION 37
The model Act should place a duty of care on any person providing OHS advice, services or products that are relied upon by other duty holders to comply with their obligations under the model Act.
RECOMMENDATION 38
The model Act should include a definition of a ‘relevant service’ and a ‘service provider’ to make it clear what activities fall within the duty and who owes the duty. The definition will be discussed in our second report.
To whom should the duty be owed?
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The duty would be owed to anyone who might be affected by the service offered. As an example if a trainer is providing training to supervisors and managers then the duty is owed to the persons undertaking the training.
What should the duty of care require?
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The objective of the duty of care would be to ensure that care is taken in the provision of services to ensure, so far as is reasonably practicable, that no person is put to a risk to their health or safety as a result of the provision of the services. The risks to health or safety may occur during the provision of the services, by the conduct of the service provider. The risks may occur some time later, as a result of reliance on the services. The duty of care should be drafted in such a way as to ensure that these risks are all considered and eliminated or reduced so far as is reasonably practicable during the provision of the services.
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