Chapter heading 1

RECOMMENDATION 33

The duties of care are owed to those persons using or otherwise dealing with (e.g. constructing, maintaining, transporting, storing, repairing), or whose health or safety may be affected by, the use of the plant, substance or structure.

What should the duty of care require?

90. 
    The duty should require the duty holder to ensure the particular function is undertaken without risks to health or safety to any person who might be affected by the activity. There are specific processes involved in each activity that are recognised in current OHS legislation and in the literature as being required to achieve that outcome. These include:²¹⁰
    

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  a process of hazard identification, risk assessment and risk control (collectively referred to as ‘risk management’);
  
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  testing and examination as appropriate; and
  
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  providing information to enable persons using the plant or substance to be aware of the hazards and risks involved and risk controls.
  

91. 
    In many circumstances, particularly in relation to substances, relevant information concerning hazards, risks or appropriate risk controls becomes available after the design or manufacture. This may occur through experience in the use of the plant or substance, or through further research, or by other means. The risk management process should require the provision of such information from the designer through the manufacture and supplier to the end user, when it becomes available, to ensure safe use.
    
92. 
    An issue that has been raised in the consultation process has been the extent of detail to be provided in the duties of care in the model Act. This has included whether to specify the elements of a risk management process within each of the duties of care in the model Act, or to provide for detailed requirements in the regulations. We consider broad risk management processes should be provided for in the specific duties of care. Additional detail of risk management requirements may be provided in either codes of practice or regulation (this is a matter which will be considered in our second report).