Chapter 9: Duties of Care owed by Workers and Others
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Reference
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44
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The model Act should place on all persons carrying out work activities (‘workers’) a duty of care to themselves and any other person whose health or safety may be affected by the conduct or omissions of the worker at work.
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Page 87
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45
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The duty of care should be placed on ‘workers’, defined in a way as to cover all persons who are carrying out work activities in a business or undertaking.
Note: The definition of ‘worker’ is to be dealt with in our second report.
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Page 87
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46
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The duty of care should require workers to:
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take reasonable care for their own health and safety;
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take reasonable care that their acts and omissions do not adversely affect the health or safety of others; and
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co-operate with any reasonable action taken by the person conducting the business or undertaking in complying with the model Act.
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Page 88
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47
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The workers’ duty of care should be qualified by the standard of ‘reasonable care’ being the standard applied for negligence under the criminal law.
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Page 88
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48
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The model Act should place a limited duty of care on other persons present at a workplace (not being a worker or other duty holder under the model Act) involved in work activity:
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to take reasonable care for their own health and safety; and
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to take reasonable care that their acts and omissions do not adversely affect the health and safety of others; and
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to co-operate with any reasonable action taken by the person conducting the business or undertaking in complying with the model Act.
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Page 89
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49
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The duty of care of such other persons present at the workplace should be qualified by the standard of ‘reasonable care’, being the standard applied for negligence under the criminal law.
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Page 89
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