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CHCOHS501A Manage workplace OHS management ... - vetres

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24 <strong>CHC<strong>OHS</strong>501A</strong> <strong>Manage</strong> <strong>workplace</strong> <strong>OHS</strong> <strong>management</strong> systems V1<br />

Duty of care<br />

Under the Occupational Health and Safety Act, the employer must accept a duty of care (or<br />

responsibility) for the health and safety of all people in the <strong>workplace</strong>. Employers and<br />

managers must take care of the health and safety requirements of:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

all employees<br />

colleagues<br />

clients (this includes children)<br />

volunteers<br />

contractors<br />

suppliers<br />

visitors<br />

children being cared for while their carers or parents are attending the <strong>workplace</strong> as<br />

clients or workers.<br />

According to WorkCover (2007), these groups should be given reasonable information and<br />

instruction regarding:<br />

<br />

<br />

<br />

<br />

safe use of the site and equipment<br />

emergency procedures<br />

activities of clients<br />

other <strong>OHS</strong> issues to which they have exposure.<br />

Therefore, employers and managers must ensure that the principles of duty of care are<br />

incorporated into all <strong>management</strong> strategies, policies and procedures.<br />

As a worker you must also exercise a duty of care to those in your <strong>workplace</strong> environment.<br />

You are required ensure the health and safety of all colleagues, clients and visitors to your<br />

service at all times. These duty of care requirements include the following legislation and<br />

Acts:<br />

Disability Services Standards (NSW Disability Services Act, 1993)<br />

<br />

SAMPLE<br />

Home and Community Care Standards (Commonwealth Home and Community Care<br />

Act, 1985)<br />

NSW Supported Assisted Accommodation (NSW SAAP Standards 1998).<br />

Further information on duty of care is found later in this guide. As you can see there are a<br />

great number of legislative duties and requirements to be met when creating individual<br />

<strong>workplace</strong> procedures and policies. The employer is legally bound to follow all of the<br />

above-mentioned requirements, and tailor them to the specific <strong>workplace</strong>. They also have<br />

an obligation to consult or confer with employees, both formally and informally, regarding<br />

all <strong>OHS</strong> decisions.<br />

Developed by Community Services, Health, Tourism and Recreation Curriculum Centre<br />

© 2007, TAFE NSW

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