1—Short title

This Act may be cited as the Occupational Health, Safety and Welfare Act 1986 of South Australia.

3—Objects of Act

The chief objects of this Act are—

     (a)          to secure the health, safety and welfare of persons at work; and

     (b)          to eliminate, at their source, risks to the health, safety and welfare of persons at work; and

     (c)          to protect the public against risks to health or safety arising out of or in connection with—

             (i)        the activities of persons at work; or

             (ii)        the use or operation of various types of plant;

     (d)          to involve employees and employers in issues affecting occupational health, safety and welfare; and

     (e)          to encourage registered associations to take a constructive role in promoting improvements in occupational health, safety and welfare practices and assisting employers and employees to achieve a healthier and safer working environment.

19—Duties of employers

     (1)     An employer must, in respect of each employee employed or engaged by the employer, ensure so far as is reasonably practicable that the employee is, while at work, safe from injury and risks to health and, in particular—

     (a)          must provide and maintain so far as is reasonably practicable—

             (i)        a safe working environment;

             (ii)        safe systems of work;

             (iii)        plant and substances in a safe condition; and

     (b)          must provide adequate facilities of a prescribed kind for the welfare of employees at any workplace that is under the control and management of the employer; and

     (c)          must provide such information, instruction, training and supervision as are reasonably necessary to ensure that each employee is safe from injury and risks to health.

20—Employers' statements for health and safety at work

     (1)     Every employer must—

     (a)          prepare and maintain, in consultation with—

             (i)        health and safety committees; and

             (ii)        the employer's employees; and

             (iii)        any health and safety representative who represents those employees; and

             (iv)        on the application of an employee—a registered association of which that employee is a member; and

             (v)        if the employer so decides—any other registered association nominated by the employer of which the employer is a member,

policies relating to occupational health, safety and welfare at the workplace; and

     (b)          —

             (i)        prepare and keep up to date a written statement setting out with reasonable particularity the arrangements, practices and procedures at the workplace protecting the health and safety of the employer's employees at the workplace; and

             (ii)        take reasonable steps to bring the contents of that statement to the notice of those employees.

59—Offence to endanger persons in workplaces

     (1)     A person is guilty of an offence if—

     (a)          the person, without lawful excuse, acts in a manner that creates a substantial risk of death or serious harm to another who is in a workplace; and

     (b)          the person—

             (i)        knew that his or her act or acts would create that risk; or

             (ii)        was recklessly indifferent about whether his or her act or acts would create that risk.