Chapter heading 1

Options for who should owe a duty of care and over what

20. 
    We have considered the duties of care in current Australian OHS legislation relating to the management or control of a workplace and associated areas, as well as the views expressed in submissions and during consultation. We have identified two options.
    
21. 
    Option one – Place a duty of care on a person who has, to any extent, management or control of:
    

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  a relevant workplace (or part thereof);
  
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  any area adjacent to a relevant workplace area;
  
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  fixtures;
  
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  fittings; or
  
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  plant.
  

22. 
    The duty would create an obligation on such a person to ensure that the area (including the means of entering and exiting), fixtures, fittings and plant within it are safe and without risks to the health and safety of any person at the workplace. The duty would be limited to those matters over which the person has management or control.
    
23. 
    The definition of a ’workplace’ will be considered in our second report. However, the application of the duty of care to adjacent areas would cover any circumstances where the relevant area might not be considered to be a part of the ‘workplace’ (for example, because work is not done there) but it is under the management or control of the duty holder and used or travelled through by workers at the workplace or by other persons coming onto the workplace.
    
24. 
    Specific reference to those things that are connected to the workplace (fixtures, fittings or plant) would remove arguments as to whether such items are part of the workplace. They are likely to be under the management or control of the person who has management or control of the workplace, but if they are not, then the duty would not apply to that person. Including fixtures, fittings and plant in the duty follows the approach already adopted in Qld.¹⁸³
    
25. 
    Option two – Limit the duty of care to the ‘workplace’ and would place a duty of care on a person who has, to any extent, management or control of a ‘workplace’ to ensure for any person:
    

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  the workplace is safe and without risks to health; and
  
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  there is a safe means of entering and exiting the workplace.