We consider the first option to be appropriate as it provides broader coverage and limits uncertainty as to what is included within the duty of care.
The objective of the proposed duty of care would be to ensure that the health and safety of persons at or adjacent to an area at which work is being conducted is not put at risk from the state or condition of the workplace etc. The state or condition of the workplace should be such as to allow it to be safely performed.
It is also important that the means of entering or exiting a work area are safe and without risks to health and safety. It has been suggested that this may extend in remote locations to include the means by which persons are ferried to and from areas or work activity.184
The duty of care would therefore require that the person with management or control of the workplace etc ensure so far as is reasonably practicable that the workplace etc and the means of entering and leaving the workplace are safe and without risks to health and safety.
