L2A1: Legislation Part 3

This month we’ve been talking about the new laws ,and the new policies implemented across the industry. But what exactly are YOUR duties as an apprentice?

Section 28 of the WHS Act outlines the 'Duties of workers' as:

• Taking reasonable care for the worker's own health and safety; and
• Taking reasonable care that the worker’s acts or omissions do not adversely affect the health and safety of other persons; and
• To comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and
• To cooperate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.

Put simply – it’s to follow reasonable direction, and make sure you’re up to date with safety and codes, and to make sure you’re being safe as well. In reality, that’s about it – but it’s a little more nuanced than that.

Remember, everyone is responsible for safety – and with the regulations you can be held accountable quite harshly. Fines of up to $680,000 may apply as well as jail time for individuals, or for a body corporate a fine of $3,500,000.

An approved Code of Practice is admissible in court as evidence. Which means, that if a court proceeding takes place, and there is a Code of Practice in place, it is approved, and you have not followed it – then this will be taken into evidence.

In short, if you do not read and follow the Code of Practice and any other reasonable safety instruction and procedures from EGT, a host employer, or a supervisor and something goes wrong based on your actions, you could be held liable and need to answer to a court. If found guilty as above, the penalties are severe. 

There is more information available on the WorkSafe website, and through their approved codes of practice.

And don't forget to keep up to date with our competition for L2A1: winning a $200 voucher or store credit to wherever you need to go! Details for this will be announced next week!