Chapter heading 1

RECOMMENDATION 20

The model Act should extend the primary duty of care to circumstances where the primary duty holder provides accommodation to a worker, in circumstances where it is necessary to do so to enable the worker to undertake work in the business or undertaking (along the lines of that currently found in Part III, Division 4 of the WA Act). Detailed requirements and the specified scope should be contained in regulations.

Drawing all the elements together in a section

1. 
   There are a number of elements to the proposed primary duty of care. The interaction of these elements will be important to the effectiveness of the provision. The drafting of the provision will require care to ensure that all of the matters discussed above are provided for, with sufficient clarity to limit the need for interpretation. They should be in the one section (or collocated if in more than one).
   
2. 
   We provide the following wording to illustrate how the various elements could be drawn together in a section:¹⁶⁷
   

1. 
   A person conducting a business or undertaking (other than in the capacity of a worker or officer) must ensure so far as is reasonably practicable that workers engaged in work as part of the business or undertaking, and any other persons, are not exposed to a risk to their health or safety from the conduct of the business or undertaking.
   
2. 
   Without limiting sub-section (1), a person conducting a business or undertaking must so far as is reasonably practicable ensure:
   

1. 
   the provision and maintenance of plant and systems of work as are necessary for the work to be performed without risk to the health or safety of any person;
   
2. 
   the provision and maintenance of arrangements for the safe use, handling, storage and transport of plant and substances;
   
3. 
   each workplace under the control or management of the business operator is maintained in a condition that is safe and without risks to health;
   
4. 
   the provision of adequate welfare facilities;
   
5. 
   the provision of such information, training, instruction and supervision as necessary to protect all persons from risks to their health or safety from the conduct of the business or undertaking; and
   

1. 
   Where –
   

1. 
   a person conducting a business or undertaking supplies accommodation for occupancy by a worker; and
   
2. 
   the occupancy of that accommodation by the worker is necessary to enable work to be undertaken by the worker because other suitable accommodation is not reasonably available,
   

the person conducting the business or undertaking must ensure so far as is reasonably practicable that the accommodation and the means of entering and leaving it are safe and without risks to the health and safety of any person when used for the purpose for which it is provided.

4. 
   In this section:
   

[provide definitions of ‘business or undertaking’, ‘worker’ (if not defined elsewhere in the model Act) and ‘accommodation’]

1. 
   For the avoidance of doubt, the duties and obligations imposed by this section apply without limitation notwithstanding anything provided elsewhere in this Act.