Employer and employee responsibility 

Key Topics

Employee and Employer Responsibility 

Positive duty of care

Primary duty of care

Officers duty of care

Workers duty of care

Others duty of care

 

All employers and employees should feel safe at work, and so everyone is given a 'duty of care' to ensure safety is maintained. This is something that they must demonstrate while they carry about their daily work. The Queensland WHS Act 2011list the responsibilities of everyone's 'duty of care' in regards to their Positive, Primary, Officer, Workers, and Others.

For example if someone at McDonalds was mopping the floor and didn't leave a slippery surface warning sign up, they are neglecting their duty of care and therefore committing a criminal offence by threatening the safety of their fellow colleagues who frequently walk on that surface.

What is employer and employee responsibilities?

 

 

 

It is considered a criminal offence no to duty of care is not to demonstrate duty of care at all times, this duty of care is qualified by the term 'where reasonably practical' which means that the employer/employee carrying out the duty of care must ensure they have carried out risk assessments such as:

 

  • The likelihood of an incident occurring.
  • The severity of possible harm.
  • The persons knowledge of the hazard.
  • The availability of ways to minimize the risk.
  • Whether the cost of eliminating the hazard is proportional to the risk itself.

 

 

 

Positive duty of care 

Primary duty of care

The PCBU (person or organisation conducting a business or undertaking) must ensure that the health and safety of all individuals under his instructions is maintained. This means that the PCBU is obligated to:

  • Provide and maintain the work environment without risk to health and safety.
  • Provide safe systems of work (Eg: pace and frequency of work)
  • Provide adequate facilities for the wellfare of the workers (Washrooms, eating areas etc.).
  • Provide any information training and supervision that is necessary.
  • Provide safe use, handling,storage and transport of dangerous structures.
  • Moniter health of workers 

Besides employing organisations is it also highly necessary for EVERYONE to demonstrate a primary duty of care.

 Officers duty of care