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HEALTH & SAFETY POLICY MANUAL - Stuff

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<strong>HEALTH</strong> & <strong>SAFETY</strong><br />

LEGISLATION Continued ...<br />

TRAINING AND EQUIPMENT<br />

WTFW&JF will provide:<br />

1. Accessible information and appropriate training in<br />

occupational health and safety.<br />

2. Safety and protective equipment where required.<br />

PARTICIPATION<br />

WTFW&JF will encourage active participation by staff in the ongoing maintenance<br />

and improvement of a safe and healthy environment. This is possible by open and<br />

active communication with Management as well as through use of the Accident/<br />

Incident Register and the Hazard Notice.<br />

WHAT SHOULD AN EMPLOYEE DO IF THEY SUSPECT THAT<br />

WORK IS UNSAFE<br />

Section 19 creates an obligation for employees not to undertake work which is<br />

unsafe, or which involves unsafe practices. Where an employee becomes aware of<br />

an unsafe work situation or practice, they should make it safe, or if they cannot,<br />

inform their supervisor or manager. There may be occasions when this involves<br />

refusing unsafe work (see http://www.osh.govt.nz/order/catalogue/hseact-text/<br />

hse3.shtml for more detailed information about this).<br />

WHAT IS THE EXTENT OF THE EMPLOYEE’S GENERAL DUTY<br />

The employee’s general duty applies to all people who are within the definition of<br />

“employee” given above.<br />

The duty is wide as it extends to “any other person”. The idea of harm is wide<br />

also, because it need not have actually occurred — if it was “likely to have caused<br />

harm” this is sufficient to warrant failure. The standard of care that has to be taken<br />

is that of “all practicable steps”.<br />

WHAT ARE ALL PRACTICABLE STEPS<br />

Because the standard of care is “all practicable steps”, the degree of care and<br />

responsibility that is expected may vary from one employee to another. A doctor in<br />

administering medical treatment is expected to exercise the “reasonable skill and<br />

care” of his or her profession, as is a farmer, or a retail assistant — the reasonable<br />

expectation of an employer, or the law, varies in each case.<br />

This duty applies to acts or omissions. Section 19 refers to any action by an<br />

employee and other things that an employee may forget to do or<br />

choose not to do in the place of work.<br />

Waikato Times Food, Wine and Jazz Festival >> Health and Safety Policy Manual PAGE 5

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