Employers Legal Duties for Public Safety

By law, employers must provide a safe working environment for their workers and members of the public, as far as reasonably practicable.

In addition to protecting the safety of workers, employers must ensure that other people (such as drivers, visitors and the general public) are not exposed to risks as a result of your business.

Furthermore, if you manage or control a workplace you are responsible for ensuring, so far as is reasonably practicable, that the area you control or manage is safe and without risks to health.

This duty extends to entrances and exits, and it applies to your employees as well as the general public.

This means:

  • you must eliminate any risks to health and safety, so far as is reasonably practicable
  • if it’s not reasonably practicable to eliminate the risks, you must reduce them so far as is reasonably practicable

Under Victorian OHS laws, employers are also responsible for the health and safety of all workers, including labour hire personnel or contractors, at their workplace. If you are a host employer with labour hire workers you must treat labour hire workers and other contractors the same as your own workers - provide and maintain a safe working environment and conditions

If you store dangerous goods (e.g. substances that are flammable, explosive or toxic), you must comply with a range of specific legal requirements.

You also have specific duties in relation to hazards such as:

If your worker has a work-related injury or illness, you have duties under the Accident Compensation Act, one of which is to ensure their safe return to work. The employer's obligations include:

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