Safety Matters - Rail, Tram and Bus Union of NSW

Employer’s Duties to Others
Section 8(2) of the OHS Act states that an employer must ensure that people
(other than the employees of the employer) are not exposed to risks to their
health and safety arising from the conduct of the employer’s undertaking while
they are at the employers place of work.
This means that the employer is responsible for the health and safety of people
other than employees, who may be present at the workplace.
Others at the workplace could include:
• customers, passengers or clients visiting the workplace
• visitors on inspections
SECTION TWO
Safety Matters A Guide for Workplace OHS Representatives
• school students on work experience
• independent contractors who carry out work on the premises, eg. installing,
maintaining or repairing equipment
• workers of other employers who are present at the workplace
• customers or contractors who use plant, equipment or substances supplied
by the employer.
Some of the health and safety issues that may involve others at the workplace
include:
• visitors who require personal protective equipment (PPE), such as hard
hats or hearing protection
• contractors who work in an unsafe manner, creating risks for others
• contractors who undertake work considered to have significant risk or
requiring particular skills and knowledge eg. asbestos removal
• work experience students with minimal awareness of OHS issues
• children visiting a workplace that does not have appropriate guarding on
machinery
• delivery drivers unaware of site safety procedures for access, parking and
loading/unloading.
The employer is responsible for the health and safety of all people at the
workplace although the extent of this responsibility will vary according to
circumstances and level of control.
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Monitoring OHS Programs and Procedures
6
RAIL
TRAM AND BUS
U N
I O N