What Type Of Duty Of Care Is Offered To The Employees In Australian Employment Law?

According to some figures released by Australian Bureau of Statistics in 2010, more than 5.3% of the employees reported to have suffered injuries or illness as a result of their job duties. As we know that some of the jobs are more dangerous than others such as Site works, welding or sewage cleaning where there is very likely for an employee to get injured, In such cases laws are made which are to be including occupational health and safety laws (OHS) to ensure that remedies or compensations are available in case of any unforeseen injuries at work.

How the duty of care works:

This law is practiced by the employers in Australia which involves the following things;

Ensuring the safety of the workers during, such as providing first aid trainings or first aid equipment or using latest technologies to carry out certain tasks to limit the hazards at work against any injuries.

Informing the employers about all the safety ,measures or possible risks to their health such as wearing masks in mines or hazardous sites exposed to radiations or wearing helmets in case of construction site work

It is the employer’s responsibility to fulfill their duties to keep the employees safe and provide necessary compensation such as paid sick leaves or necessary treatments in case they had to suffer an injury during work. An organization not following the rules of law will be considered to be breaching the contract and the employee may take help from the best lawyers in their respective state to demand necessary action or compensation caused at work and affecting their abilities to work further in case of a serious accident or the damage to their families.


Meaning of reasonable care:

Reasonable care means the duty of the employer to take care of their employees’ safety against any possible risks of getting injured or sick during work. This also implies in case the employee was not able to access the situation at work and could not take the safety precautions often suggested.

What about the guarantee of safety:

It is important to bear in mind that the employers can say that they cannot guarantee the safety of employees under the title of reasonable care, since it may depend on the employees’ abilities to carry out all the safety precautions and would require further knowledge.