Worker duties

As a Worker, you have a legal obligation to recognise, document and report hazards to personnel.

Now let us look at the sections covered in these performance criteria and explain in detail how each section impacts on you and your legal obligations for failure to comply with your duty of care.

Under the WHS/WHS Act, if you are a worker or other person you have a legal responsibility to:

• Keep the workplace safe for yourself and others
• Comply with reasonable instruction; and
• Co-operate with any reasonable policy or procedure of the PCBU.

A worker may include a person who carries out work in any capacity, including work as:

• A Worker
• A contractor or subcontractor
• A Worker of a contractor or sub-contractor
• A Worker of a labour hire company assigned to work
• An outworker
• An apprentice or trainee
• A student gaining work experience
• A volunteer
• A person of a prescribed task
• A police officer (when on duty and performing the tasks of a police officer)
• The person conducting the business or undertaking if the individual carries out work in that business or undertaking

As a worker, under the WHS Regulations, you must manage a hazard that you have identified by either:

• Eliminate the risk or
• Minimise the risk to the health and safety of workers and others within your work environment.

However, as a worker you may not be found guilty, if it can be established that your employer did not provide you with adequate information, training, and instruction according to the nature of your job and the risks associated with the job.