Duty of Care, Knowing Your Safety Obligations

WHAT IS DUTY OF CARE?

Duty of care refers to the legal responsibility to take reasonable care to ensure that your actions do not cause harm to yourself or others in the workplace.

If a hazard or risk is identified, steps must be taken to eliminate it or minimise the risk so far as reasonably practicable. This applies to all work activities and decisions made on site.

RESPONSIBILITIES IN THE WORKPLACE

Employers/PCBU

• Provide and maintain safe work environment
• Ensure systems are in place to manage risks
• Comply with relevant legislation and safety standards
• Ensure workers, contractors, and visitors follow safe work practices

Managers and Supervisors

• Provide adequate supervision
• Enforce the use of PPE and safety controls
• Promote and maintain safe systems of work

Employees

• Follow instructions and safe work procedures
• Use provided PPE and safety equipment
• Report hazards, incidents, and unsafe conditions
• Take reasonable care for their own safety and others
• Ensure their actions do not negatively impact others

LEGISLATION AND COMPLIANCE

• Duty of care is supported by workplace health and safety legislation, including the OSH Act 1984 and associated regulations.
• WorkSafe WA is responsible for enforcing these requirements and ensuring workplaces meet their legal obligations.
• If there is any uncertainty around duty of care responsibilities, guidance should be sought from a supervisor, safety representative, or WorkSafe WA.

QUICK QUIZ

1. What does duty of care mean in the workplace?
2. Who holds the primary duty of care?
3. Can duty of care be transferred to someone else?
4. What should you do if identify a hazard?

KEY TAKEAWAYS

• Duty of care is a legal obligation to ensure health and safety in a workplace.
• Everyone on site has a responsibility to prevent harm.
• Hazards must be eliminated or minimised as far as reasonably practicable .
• Duty of care cannot be transferred to another person. 
• Failing to meet duty of care obligations can result in a serious consequence.