Your rights and responsibilities

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Employee / workerEmployer

Everybody has a right to a safe and healthy workplace and to come home safely.

All parties at the workplace have a role in ensuring safety and health at the workplace – employers have a ‘duty of care’ responsibility to provide and maintain a safe working environment as far as practicable and employees have a ‘duty of care’ responsibility to work safely and not affect the safety and health of others.

Which people at the workplace have rights and responsibilities?

The employer’s ‘duty of care’ also applies to principal contractors, labour hire organisations, labour hire clients and people who have work being carried out in other labour arrangements similar to an employer-employee contract.

The employee’s ‘duty of care’ also applies to contractors (where there is a principal contractor at the workplace), labour hire workers, apprentices and people who carry out work in a labour arrangement similar to an employer-employee contract. 

Not all workers and workplaces are covered by the Occupational Safety and Health Act 1984 and WorkSafe. Workers in the mining or petroleum industry should refer to the Resources Safety Division of the Department of Mines and Petroleum. In addition, Commonwealth government workers and those whose employer has a self insurance licence for workers’ compensation should refer to Comcare.

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