Chapter heading 1


Options for the duty of a person conducting a business or undertaking



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Options for the duty of a person conducting a business or undertaking

    1. Option one –Provide for:

  1. a specific, separate duty of care by employers to ensure, so far as is reasonably practicable, that the health and safety of:

  1. employees; and

  2. persons other than employees

    is not put at risk from the conduct of the undertaking of the employer;142

  1. together with a separate duty of care by self-employed persons to ensure, so far as is reasonably practicable, that the health or safety of others is not put at risk from the conduct of the undertaking of the self-employed person.143

    1. Option two – Similar to the first option, except that it combines the two duties of care into a single section.

    2. This option would place a duty of care on employers and self-employed persons to ensure, so far as is reasonably practicable, that the health or safety of:

  • employees of the employer; and

  • other persons

    is not put at risk from the conduct of the undertaking of the employer or self-employed person.144

    1. Option three – Similar to the second option, but would:

  • replace references to the employer and self-employed person with a reference to a person conducting a business or undertaking; and

  • provide that the duty of care would be owed to a broad category of ‘workers’ and others.145

    1. This option would thereby provide simply that a person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health or safety of workers engaged in work as part of the conduct of the undertaking, and others, is not put at risk from the conduct of the undertaking.

    2. Option four – Similar to the third option, except that it would provide for the duty of care to be owed by the person conducting the business or undertaking to ‘all persons’, with no specific reference to ‘workers’.146


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